Hablamos Español

What Are Effective Defense Strategies in Homicide Cases?

Posted on by Accel Admin

When someone passes away it can be devastating and tragic. When the loss of life comes at the hand of someone else it is a serious crime and punishable by extensive imprisonment and fines. If you are convicted of killing another person the penalties will likely change your life forever. Speak with a Tehama County violent crimes lawyer to discuss some effective defense strategies in your homicide case.

What is Homicide?

Homicide is the action of taking another person’s life, whether intentionally or unintentionally. There are certain types of killing and crimes umbrellaed underneath the broad term “homicide.” Some examples of kinds of homicide you can be charged with include the following.

Voluntary manslaughter: To be convicted of voluntary manslaughter you must have committed an unlawful killing of someone without malice and during the heat of passion or a sudden unexpected altercation
Involuntary manslaughter: To be convicted of involuntary manslaughter you must have committed a dangerous or reckless act that resulted in the death of another person, and should have known that the behavior could harm others.
Second-degree murder: To be convicted of second-degree murder you must have intentionally killed someone with malice aforethought.
First-degree murder: To be convicted of first-degree murder you must have intentionally killed someone with malice aforethought and premeditation.

There are varying degrees of charges you can face if you are arrested for any of the above types of homicide.

What Are the Penalties of Homicide?

Homicide is regarded as one of the most serious crimes that a person can commit. Because of the severity of the crime, the penalties are quite harsh. Consequences for each type of killing will vary depending on what state you are in. In California, the following are the standard penalties for each crime.

  • Voluntary manslaughter: 3 to 11 years of imprisonment, up to $10,000 in fines
  • Involuntary manslaughter: 2 to 4 years of imprisonment, up to $10,000 in fines
  • Murder in the second degree: 15 years to life without parole in prison
  • Murder in the first degree: 25 years to life without parole in prison

Each charge can also result in additional fines, probation, mandatory community service, mandatory anger management courses, rehabilitation, and more.

What Defense Can I Use During My Homicide Case?

As stated above, the consequences of homicide can be extensive. If you want to avoid bearing the full extent of the penalties, you will need to work with an attorney to form the best defense for your situation. Here are some defenses that may work depending on your case and the specifics of your circumstances.

  • Mistaken identity
  • Self-defense
  • Insanity
  • It was an accident
  • Insufficient evidence
  • Intoxication

Not all of these defenses are foolproof and whether or not they are successful will depend on your situation. The prosecution bears the burden of proving your guilt, so with a strong enough defense you may be able to have your charges lessened or even dismissed.