If you or a loved one is charged with murder in Los Angeles, you're looking for the best lawyer you could find and the best defense. We can't use the same defense for every case because every case doesn't have the same factual scenario.
When considering defenses, it's crucial to delve into the specific facts of your case. This is why we encourage you to come in for a detailed discussion. We'll review all the details, or if you choose to hire me, I'll personally visit your loved one to ensure a thorough understanding of the case.
I will thoroughly discuss the case with you. I'll obtain the discovery, the paperwork, the video-whatever evidence the prosecution believes proves the case, and we'll meticulously review everything.
After a comprehensive review of the case, we'll strategize the defense. This could involve negotiating with the prosecutors or preparing for trial, depending on the circumstances.
DA Will Not Make a Plea Offer
But I will tell you, in Los Angeles County, it is very difficult to resolve a murder case. A lot of times, the district attorney simply won't make an offer, so you're facing a 2nd-degree murder case, 15 to life.
On a 1st-degree murder case, 25 to life, and then, of course, there are a lot of time enhancements that add additional time to the case:
- Gun enhancement,
- Knife enhancement, or s
- Some other enhancement.
So, trying to get what we call a determinant sentence where you actually know when you're going to get out is not easy. A lot of these cases go to trial.
When it comes to defense strategies, I can provide you with some common approaches. However, for a more tailored discussion, I recommend you consider hiring me. We can then delve into the specifics of your case or your loved one's case.
Proper Identity
The first defense that I see a lot in murder cases is identity. In other words, is it a who-done-it where we don't know who the actual killer is? They think you or your loved one is the killer. The question becomes:
- Do they have the evidence?
- Do they have an eyewitness?
- Do they have DNA evidence?
- Do they have any other forensic evidence they could use to prove the case?
- Is there a video?
So, that's a who-done-it. A lot of times, we can argue that a particular person didn't commit the crime, and they don't have the evidence that they committed a crime. Maybe it's a faulty ID. Maybe there is no ID. Maye they're using circumstantial evidence to try to prove the case.
Self-Defense
The next thing I see as a defense in a murder case is self-defense. If somebody attacks you, uses deadly force against you, and responds with lethal force to defend yourself, you can certainly argue that you're not guilty because you have a complete defense to the crime of murder.
A lot of times, I see mutual combat, where two parties decide to fight, and one party gets the better of the situation, so now, here come the authorities to arrest the other party and charge them with murder.
So, self-defense, and of course, defense of others, is a possible defense. Suppose somebody is in a situation where they're having deadly force used against them, and you're trying to defend yourself as long as you act reasonably under the circumstances. In that case, you might argue that it's a self-defense or a defense of others' situation.
Manslaughter
Beyond the self-defense and the who-done-it situation, the other arguments that I do see in murder cases are that this is not a murder case. This is a voluntary manslaughter case, or it's some other charge besides murder.
In other words, the person shouldn't be charged with murder. It's a vehicular manslaughter case where they're filing murder cases for DUIs where somebody dies.
So, maybe it's vehicular manslaughter instead of a murder charge. Perhaps they shouldn't be able to apply the malice. Because when you're talking about murder, you're talking about one person killing another, and you have what's called malice of forethought.
So, if somebody is trying to kill somebody else for whatever reason and they can prove malice of forethought, they can prove they're the killer, and there are defenses, then they can get somebody for a murder charge.
If, on the other hand, the person doesn't have the malice of forethought, then it might be some different charge other than murder, which, obviously, would be better because murder usually comes with a much harsher penalty than other charges.
If you need the best if you or a loved one is charged with murder, pick up the phone now. Ask for a meeting with Ron Hedding. Let me put my 30+ years of experience to work for you.
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