Murder and Violent Crimes

California criminal defense attorney Thomas Wallin can handle your California murder case. If you have been accused of any degree of murder, call 1-866-857-5900 immediately.

Homicide

Homicide crimes encompass the crimes of murder and manslaughter:

1. Murder
2. Felony Murder Rule
3. Death Penalty
4. Manslaughter
5. Gun Use Allegations
6. Kidnapping
7. Robbery                                                                                                     
8. Carjacking

Murder is the unlawful and unjustified killing of another human being, with malice aforethought. (California Penal Code §187.)

First Degree Murder is any murder that is committed with premeditation and deliberation. All others are second degree murders. (California Penal Code §189.)

The Felony Murder Rule in California law states that any killing that occurs in the commission of an inherently dangerous felony is treated as first degree murder. (California Penal Code §189.)

Inherently Dangerous Felonies include:

1. Arson
2. Rape
3. Carjacking
4. Robbery
5. Burglary
6. Mayhem
7. Kidnapping
8. All other dangerous felonies  

Punishment for murder in California can include 25 years to life in prison.

Any person who uses a gun or has possession of gun in California in the commission of a felony could face an additional 3 to 10 years on top of the punishment for a felony. (California Penal Code §12022.)

DEATH PENALTY:

If a person is found guilty of murder with a special allegation, the state may ask for the death penalty.  (California Penal Code §190.2).  Special Allegations include:

1. Murder of a police officer, federal officer, or judge;
2. Murder by destructive device, such as a bomb;
3. Murder committed while lying in wait;
4. Murder committed for religious or racist motives; or,
5. Murder committed in the commission of enumerated felonies (also known as “inherently dangerous felonies,” listed above).

Voluntary Manslaughter is an intentional killing that occurred due to adequate provocation or a person’s unreasonable attempt at self-defense. (California Penal Code §192).  The punishment is three to 11 years.

Involuntary Manslaughter is an unintentional killing that occurred during the commission of a misdemeanor or due to gross negligence. (California Penal Code §192).  The punishment is two to four years.

Vehicular Manslaughter is an unintentional killing that occurred during the commission of an unlawful act while driving a motor vehicle.  The punishment is one to 10 years.

Kidnapping

California Penal Code Section §207 defines kidnapping as:  “Every person who forcibly or by any other means of instilling fear, steals or takes or hold, detains or arrests any person in one county and takes them to another county or state or country.”  The punishment for kidnapping is three to eight years.  For victims under the age of 14, punishment can be up to 11 years. (California Penal Code §208).  Kidnapping for the purpose for a ransom, robbery, or rape is punishable by life imprisonment.

First Degree Robbery is the robbery of any person in an inhabited dwelling house, on a bus, a taxi driver or their passenger, or any person who is using an automated teller machine.  The punishment for first degree robbery is three to nine years.

All other robberies are second degree robberies. Punishment for second degree robbery is two to six years.

Carjacking is the felonious taking away of a vehicle in another's possession or immediate presence. (California Penal Code §215).  The punishment for carjacking is three to nine years. If someone is killed during the commission of a carjacking, the perpetrator can get the death penalty.

California criminal defense attorney Thomas Wallin has been able to dismiss robbery cases or have them reduced to a lesser offense. Call California the Law Offices of Thomas Wallin at 1-866-857-5900 immediately if you or someone you love is accused of a serious crime.

Contact us about your criminal defense matter!