With over 30 years of experience, I've handled numerous murder cases. The stakes in these cases are incredibly high, often involving potential life imprisonment. It's a complex field where few attorneys in Los Angeles or even the country specialize, given the gravity of the consequences. This complexity underscores the need for a specialized attorney in murder law.
When it comes to the difference between 1st and 2nd-degree murder, the key distinction lies in the potential sentencing. A conviction of 2nd-degree murder typically carries a sentence of 15 years to life, while a 1st-degree murder conviction could lead to a daunting 25 years to life in prison, a sentence that could alter the course of a person's life forever.
In a 2nd-degree murder case, the 15 years to life sentence would apply if the individual killed another person with 'malice of forethought. ' This legal term refers to the intentional killing of another person, which can occur in the heat of the moment.
As long the person has a little bit of time to think about their actions, and they do it intentionally and kill another person, that individual could be charged with 2nd-degree murder.
Malice Aforethought
Whereas a 1st-degree murder conviction usually is going to require more thought and planning. That's typically where you see someone who goes to another person's house, for example, waits for them and ends up killing them.
Then there's a whole bunch of different sub-parts to that. If you're lying and waiting for another individual, then you could not only be charged with 1st-degree murder, but you could also additionally be charged with special circumstance murder where the individual would be facing either life without the possibility of parole in prison or the death penalty, depending on which state you're in.
As I make this post, an LA county district attorney does not seek death in cases. Of course, that could change if, in the re-election which is coming up, he ends up losing and a new prosecutor comes in who has the thought pattern that they believe in seeking a death penalty in a murder case.
Possible Enhancements
So, once again, when you're talking about the difference between 1st and 2nd-degree murder, there are two things. One, 1st-degree murder typically is going to require more thought and more planning, and the second thing is that 1st-degree murder will give the person a higher sentence - the 25 to life versus the 15 to life.
Then, you have to look at other potential enhancements that could apply. For example, if an individual used a gun during the commission of a murder, that could add time to the person's sentence as well. Some enhancements apply relating to firearms, and as I pointed out earlier, there are also special circumstance murder cases that can be triggered depending on the facts and circumstances of a particular case.
In a 2nd-degree murder case, the prosecutors would have to prove premeditation and deliberation to get that 15 to life sentence, versus if there's no premeditation and deliberation, they would have a more difficult time getting the 15 to a life sentence. Then, you evaluate what 15 to life means.
Typically, that will tell you'll serve 85% of 15 years, then you'll be eligible for parole. Still, because you have that life tacked on the back of it, you may never get out if the parole board determines you are too dangerous to reenter society.
Seeking the Best Murder Defense Lawyer
When facing charges of 1st or 2nd-degree murder, the stakes couldn't be higher. It's crucial to have the best attorney by your side. I've dedicated my career to becoming one of the top legal minds in Los Angeles, and I'm here to help you navigate this challenging time. With me, you'll have a strong and experienced advocate on your side.
I started working for the district attorney's office to see how they prosecute cases. Then, I worked for a superior court judge as his right-hand man, so I could see how judges deal with cases as well. Finally, in the early 1990s, I began defending people charged with murder cases.
My journey in defending murder cases began with a significant victory not-guilty verdict in my second jury trial at the age of 27. Since then, I've been fighting for my clients with the same passion and dedication. If you're looking for the best defense, you've come to the right place. There's hope, and I'm here to help you. Call now and request a meeting with Ron Hedding.
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