I've tried many murder cases over my 30+ year career. There are not many attorneys in Los Angeles or even in the country that do murder cases. Because of the stakes that are on the line, most of the time, people are facing some form of life in prison.
When it comes to the difference between 1st and 2nd-degree murder, you're typically talking about the difference between 15 to life if you're convicted of 2nd-degree murder and 25 to life if you're convicted of 1st-degree murder.
The 2nd-degree murder 15 to life would come if somebody killed another person with what they call malice of forethought. In other words, they intentionally killed them, and that can come on the spur 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
So, there's a lot of stuff going on. If you or a loved one is charged with 1st or 2nd-degree murder, all of the marbles are on the life. You're going to want the best attorney you can find. From the beginning, I tried to hone my career to be one of the best in Los Angeles.
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 second jury trial was a murder case that I got a not-guilty verdict on. I believe I was 27 years old, and I've been fighting those cases ever since. If you need the best, you've come to the right place. All of the marbles are on the line. Call now and ask for a meeting with Ron Hedding.
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