When it comes to a California Penal Code 187 PC murder charge, this is a severe offense, and people are looking at a significant amount in custody. Therefore, we must utilize it if a defense is available.  Various reasons are not applicable in every case and depend on the specific facts associated with the particular case.

For example, one defense would be self-defense. Somebody attacks you, and you reasonably defend yourself, and death occurs.  You may likely have a self-defense argument. Also, believe it or not, the defense of others. In defense of that person, if somebody dies, you potentially have a complete defense based on the defense of others' argument. 

Whether it's self-defense or defense of others, any defense maneuvers that result in death, which would likely involve deadly force, must be reasonable.  In other words, you cannot use deadly force to defend yourself or someone else unless it's deemed reasonable under the circumstances.

Therein lies the potential defense in a murder case.  But again, of crucial importance is that whatever you do that results in that death must be reasonable under the circumstances.  Often, these cases must be resolved by a jury because what is likely to one person may not be appropriate to another.  The prosecutors and police may not agree on some of the facts you're utilizing to claim self-defense or defense of others.

Justifiable Homicide

Another area that is good for defense for a murder charge is justifiable homicide.  This means that a death occurred, and whatever happened, however it happened, was reasonable under the circumstances.  In other words, perhaps there was an accident.  Perhaps somebody's playing with a gun; for example, it goes off, shoots, and kills somebody.

That's not going to be a murder charge if you can prove that it was an accident because, for murder, you have to have the malice of forethought.  You have to think about it, and you have to try to kill the person intentionally.  If a gun accidentally goes off, that would be an example of a complete defense to the crime. 

Maybe some negligence could rise to the level of a crime, but again, whenever you're talking about an actual accident related to a murder charge, that can be a complete defense of the crime.

Murder charges can be complex, especially when it comes to the defense. It's important to realize that if the prosecutors file a murder charge against you or a loved one, they likely believe that the person acted willfully and intentionally killed somebody. This is why a thorough review of the facts is crucial for your defense.

They don't believe that there's any self-defense. They don't think the facts and circumstances typically align with what the defendant is trying to point out.  So, a lot of times, you argue about the facts.  In other words, one side says, 'Here's what happened,' and the other says, 'No, that didn't happen; here's what really happened. '  Here's why I did this.

Facts Supporting Your Defense

So, that's the first thing in a jury trial that you'll have to clear up as it relates to a murder case: the facts that you believe support your defense, whether it be self-defense or defense of others. You cannot use deadly force to defend property, so that's not a defense in a criminal case.  The old joke goes, " If you kill somebody who breaks into your house and you shoot him outside the home, make sure you drag him back in.

Of course, this is a joke.  I would never suggest that anybody do this, but the point here is, if somebody is in your house, you'd be much more likely to win a murder charge if you killed them because if the person were in your home, you'd be able to argue that you felt that you were in danger.   If somebody's running away with your TV set, for example, you can't shoot them in the back; that would be unreasonable.  You cannot use deadly force to protect property.

Honest Assessment of Your Case

When it comes to murder charges and their related defenses, it's essential to seek guidance from experienced professionals.  A thorough review of your case can provide an honest assessment of the potential success of your defense. This support and guidance can be invaluable in navigating such a complex and serious legal situation. 

Sometimes, people have a reason, but you'll still fail to win.  If you're not going to win, you don't spend the money to go to trial, and you don't take the risk of going to trial on a murder case; you need your defense attorney to resolve the issue and negotiate on your behalf.

Negotiation To A Lesser Charge

In murder cases, where the stakes are high, negotiation can sometimes lead to a more favorable outcome. Even if imperfect self-defense doesn't provide a complete defense, it can potentially mitigate the charges to a lesser offense.  While there's always the possibility that prosecutors may reject the negotiation, the potential for a successful negotiation can instill a sense of hope and optimism. 

But when you're talking about defenses in murder cases, you're talking about also lesser included offenses.  In other words, somebody may have killed somebody in the heat of passion, and the other party legally provoked that person who killed them, and maybe that's not a murder case; that's a voluntary manslaughter case.

So, even though the person is not guilty of murder, they're guilty of voluntary manslaughter.  So, in my opinion, that would technically be a defense because you're saying that if a person is not guilty of murder, you should never have charged the murder prosecutors.

Fine, they're guilty of something.  They shot the person.  They went too far, but they did it because they were in the heat of passion.  Maybe it was some crime where their significant other was with another person, committing adultery.  They reacted to that unreasonably because they were very emotional, in shock — this is another defense in a murder case, and that is a lesser offense that applies.  It's different than murder.

Another big defense in murder cases is a mental state.  Sometimes, people hallucinate.  Sometimes, they're not operating in their right mind when they commit the offense that killing another person.  Sometimes, these mental defenses — depending on the circumstances surrounding the case — can be used to defend the case.  To either support the murder charge in the San Fernando Valley or mitigate it down to something less.

If you're charged with a first, you can mitigate it down to a second because of mental issues.  Or, if you're just charged with murder, you can mitigate it down to something less than murder because, at the time, you did not know right from wrong.  You could not formulate the intent for murder.

All these things are potential defenses in a murder case.  Over my long career, I've tried many murder cases, and I've used all of these defenses when they were applicable under the circumstances of a particular murder case. Call us for a case review.