Facing criminal charges of any kind can be overwhelming, but those facing murder charges can feel particularly intimidated and stressed. Murder convictions carry significant penalties, ranging from costly fines to years—even decades—behind bars. However, before you jump to the worst-case scenario, it’s important to recognize that certain strategies and factors may lead to a reduction in criminal charges. Here’s what you need to know about having a murder charge reduced in Southern California.
Murder Conviction Penalties in California
According to California Penal Code Section 187, “Murder is the unlawful killing of a human being…with malice aforethought.” Malice may be either expressed (“a deliberate intention to unlawfully take away the life of a fellow creature”) or implied (“when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart”). A conviction for murder in the first degree carries severe penalties, ranging from imprisonment for 25 years to life, imprisonment without the possibility of parole, or even the death penalty. Murder in the second degree carries a sentence of 15 years to life in prison and other restrictions on your future and freedom.
How California Defines Voluntary Manslaughter
While prosecutors often initially charge the defendant with murder, there are strategies for having the murder charge eventually reduced to a voluntary manslaughter charge. California Penal Code Section 192 defines manslaughter as “the unlawful killing of a human being without malice.” Voluntary manslaughter occurs when a sudden argument or heat of passion results in the taking of a life. Fatally shooting someone when you felt threatened or killing a spouse’s lover in the heat of passion may constitute voluntary manslaughter. In general, penalties for voluntary manslaughter tend to be much less severe than those for murder. A conviction for voluntary manslaughter may lead to a three, six, or eleven-year prison sentence, up to $10,000 in fines, and a strike on your record (pursuant to California’s “three strikes” law).
Reducing Murder Charges to Voluntary Manslaughter Charges
The most important step you can take after prosecutors charge you with murder is to contact a skilled Los Angeles County criminal defense attorney. Your attorney will assess the specifics of your case and determine the most strategic course of action. If it’s not possible to have the murder charge dismissed altogether, your lawyer may use the factors of your case to have the murder charge reduced to a voluntary manslaughter charge—which carries significantly less severe consequences. Contact a trusted criminal defense lawyer right away to keep your future as bright as possible.
Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a dedicated and experienced Los Angeles County criminal defense lawyer.
