For those individuals charged with California Penal Code 287 PC murder, the potential consequences are severe. The looming possibility of a life sentence is a stark reality, as most murder cases carry such a punishment, contingent on the specific facts and circumstances of the case.
For a 1st-degree murder charge, the individual is confronted with a daunting 25 to life sentence solely for the act of murder. If additional enhancements are applicable, the potential time could increase significantly.
For example, somebody who uses a firearm to kill someone would be facing 25 to life for the murder if it's 1st degree and then another 25 to life for the use of the gun and hitting somebody with a bullet. So, that's 50 to life in your typical murder case where a gun is used.
On a second-degree murder charge, the person would be facing 15 to life if the prosecutors can prove premeditation and deliberation.
The malice of aforethought is one of the elements of a murder charge. And then, of course, as I've indicated, other enhancements could potentially apply.
No Negotiation by Prosecutors
In LA County, as I write this post in 2024, I've been doing a lot of murder cases over the last at least a couple of years. I've probably done eight murder cases, and I can tell you right now they are not negotiating these cases.
If you kill somebody, they've got to go to the family before they can even talk about negotiating a case, and I'm telling you that they are not negotiating.
The only way they negotiate a murder case right now in Los Angeles County is if they have a problem with the case.
For example, there's some sort of problem with the proof, and they're concerned that if they go to trial, they might lose, so they might consider negotiating the case.
Also, suppose it's a strange murder case with an unusual fact pattern that is unique and does not usually benefit the defendant. In that case, they may consider altering the normal punishment, the normal charge that comes along with a murder case.
Seeking a Lesser Charge
To mitigate the harshness of life sentences, it's essential to explore the possibility of securing a different conviction or negotiating a more favorable outcome with a determinate sentence.
You know exactly how much time you're going to get versus the usual indeterminant sentence where you don't know when you're going to get out.
For example, if you get 15 to life and you serve 85% of 15 years, you're just eligible for parole, and the parole board may never let you out. The victim's family can come and argue against it.
The DA can argue against it. So, in a murder case, you're either looking for a not-guilty verdict or some other resolution.
For example, voluntary manslaughter does not require the judge to sentence the person to life if they're convicted. The most you can get on that sentence is 11 years.
Assault with a deadly weapon is another charge that can be used. It really just depends on the facts and circumstances of the case whether or not the prosecutors can prove that someone should be convicted of murder or not or whether it's a scenario where a lesser related or included offense can be used.
Meeting with a Defense Lawyer
If you or a loved one is facing a murder charge and the prospect of a life sentence, it's crucial to seek professional guidance. I urge you to arrange a meeting with me. With my extensive experience in the legal system, I am ready to assist you.
I've worked for the district attorney's office, so I know how they prosecute these cases. I've also worked for a superior court judge, so I have an idea of how judges deal with cases. Since the early 1990s, I've been defending murder cases. Pick up the phone now and ask for a meeting with Ron Hedding. I stand at the ready to help you.
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