Long Beach Murder Attorney

Murder is the most serious homicide charge and carries a possibility of the death penalty in California. Depending on the circumstances surrounding an alleged murder, a Long Beach murder attorney may be able to successfully defend against charges or have charges reduced. Peter Larkin, Attorney at Law brings a high level of competence to any murder case through more than 35 years of criminal defense experience.

Long Beach murder

Under California Penal code 187(a) murder is defined as the unlawful killing of a human being, or a fetus, with malice aforethought.

Malice aforethought is clarified by California Jury Instructions, Criminal - CALJIC8.11, which explains it can be express or implied. Express malice aforethought involves a demonstrated intention to unlawfully kill a human being. Whereas implied malice aforethought is killing that results from an intentional act, when the natural consequences of the act are dangerous to human life, and when the act was deliberately performed with knowledge of the danger and conscious disregard for human life. Ill will or hatred does not have to be part of the mental state of malice aforethought.

Three types of murder under California law include:

First degree murder. First degree murder is killing that is—

• Calculated use of a destructive device or explosive
• Lying in wait or inflicting torture
• Willful, deliberate, and premeditated
• Willful, deliberate, and premeditated

Capital murder. Capital murder is punishable by the death penalty or life in prison without parole. Some circumstances that elevate first degree murder to capital murder include:

• Murder for financial gain
• Murder to avoid lawful arrest
• Prior first or second degree murder conviction
• Murdering a police officer, firefighter, prosecutor, judge, juror, elected official, a witness to prevent testimony
• Murder during the commission or attempt to commit a felony under the first-degree murder felony rule
• Murder that is especially heinous, atrocious, or cruel, manifesting exceptional depravity
• Hate crime murder
• Street gang murder

Second degree murder. Second degree murder is willful but not deliberate and premeditated. It is also defined as any murder that is not murder in the first degree.

Rely on an effective Long Beach murder lawyer

When arrested for murder, the stakes are high, and a strong defense is vital for the outcome of your case. Call 310-833-5344 today orcontact Peter Larkin, Attorney at Law online.