Posted on January 1, 2019
San Clemente Murder Attorney
Have you or a loved one been charged or are under investigation for murder in San Clemente? Retaining an experienced San Clemente murder attorney may be one of the most important decisions you make in your life. Murder carries a life sentence which is why you should retain a lawyer competent and skilled in homicide defense law. Our office prides itself in our history of achieving noteworthy results when our clients are facing a life sentence. Contact the Law Offices of John D. Rogers today to schedule a free confidential consultation with no obligation to retain our office.
Overview of Murder Under California Law
Murder is generically defined under penal code 187(a) making it a crime to unlawfully killing another or fetus with malice aforethought. The prosecutor has several ways to charge someone with murder. For instance, you can be charged if you harbored the intent to kill; displayed a reckless indifference to life; or someone died during the commission of an inherently dangerous felony. Murder may also be charged through accomplice liability or via conspiracy.
California separates murder into degrees – first or second degree. Either degree can carry up to a life sentence if convicted. First degree murder carries a mandated sentence of 25-years to life in prison. If special enhances are proven true – e.g., gang enhancement or murder for a police officer, then the punishment can elevate to life without parole. Second degree murder carries a mandatory sentence of 15-years to life.
- Hate Crime Murder
- Murder of a Law Enforcement Officer
- Murder with Premeditation and Deliberation
- Murder Carried Out for the Benefit of a Criminal Street Gang
- Reckless Indifference to Human Life
- Felony Murder Rule
Defending Murder Charges in San Clemente
When charged with murder, nothing less than a full investigation should be conducted into the government’s case. Our office never assumes the accusations are true and the police investigation was legitimate. A defense investigation can uncover technicalities and perhaps misconduct on part of law enforcement’s investigation. Our lawyers will ensure that fact and constitutional technicalities are examined by:
- Questioning and searching for material witnesses
- Subpoenaing/Obtaining video surveillance
- Retaining experts to review the government’s forensic evidence
- Employ experts to determine if you identification was the product of improper witness persuasion or misidentification
- Conduct a crime scene investigation to reveal evidence the police neglected to examine or consider
- Analyze any constitutional violations such as unreasonable searches and seizures
- Attacking the credibility of the government’s witnesses who will testify
- Explore witnesses and cellular phone use to establish an alibi
Contact an Experienced San Clemente Murder Attorney
A conviction for murder undoubtedly is a life sentence. Accordingly, you need help defending your case with a respected and experienced San Clemente murder attorney. Contact us today to discuss your options, defenses, and rights in a free confidential consultation. Retaining an attorney early may help lead to legally deflecting the government’s case before it even reaches a courtroom. We have unmatched understanding of California’s murder laws and we will explore every possible fact when mounting your defense.