San Bernardino Murder Defense Attorneys

Defending Californians who have been charged with first-degree or second-degree murder in San Bernardino.

Murder is one of the most serious crimes in California. If you have been charged with murder, you might feel that your back is against the wall. Before you think that you have no options, call The Law Offices of David S. Chesley to have your case reviewed. Our San Bernardino criminal defense attorneys have experience handling complex murder cases and know how to bring justice to our clients. A murder charge does not have to be the end of the road for you and your family.

Understanding First- and Second-Degree Murder in San Bernardino

California Penal Code 187 defines “murder” as the unlawful killing of a person or fetus with malice aforethought (meaning that the person acted in a degree that was likely to cause death). Murder can be charged as first-degree or second-degree.

• First-degree murder. This type of murder occurs by using a destructive device, weapon, poison, torture, etc. to kill another individual. It is willful, deliberate and premeditated. An example of first-degree murder is going to someone’s house to kill them.

• Second-degree murder. Any murder that is not in the first-degree is second-degree murder. Second-degree murder is willful but not premeditated or deliberate. An example of second-degree murder is shooting a gun into a crowded bar and killing someone.

Capital Murder in San Bernardino

Capital murder is the most serious charge and refers to first-degree murder with special circumstances. What this means is that you committed first-degree murder but it was elevated to capital murder because of certain factors, such as:

• Murdering someone for financial gain
• Murdering more than one person
• Murdering a police officer, firefighter, elected official, etc.
• Murdering a witness
• Murdering someone while committing a felony
• Murdering someone in a hate crime

Penalties for First-Degree, Second-Degree and Capital Murder

If you are found guilty of first-degree murder under PC 187, you may face 25 years to life in a California state prison. For second-degree murder, your sentence may be 15 years to life in state prison. Of course, there are circumstances that can increase your penalty, such as acting in a hate crime or shooting a firearm out of a vehicle. In these cases, you could receive a life sentence without the possibility of parole.

The most serious charges are reserved for capital murder. If you are convicted of this type of murder, you could receive the death penalty or spend life in prison without the possibility of parole. California courts can still impose the death penalty, though there is a suspension on executions at this time.

Fighting Murder Charges in San Bernardino

Murder charges are extremely serious, and jurors look to get these people off the streets. If you don’t have excellent legal representation, it’s possible that you could receive the maximum penalty for a crime you did not commit. Our San Bernardino criminal defense lawyers will make sure that you receive a fair trial and a strong legal defense.

Here are the legal defenses that our murder defense attorneys may use:

• Self defense/defense of others. If you killed someone else because you were defending yourself or others, we can use self-defense to excuse your actions. We must be able to prove that you were in danger of being killed, severely injured, raped, robbed, etc.

• Accidental killing. If the killing was an accident, you are not guilty of murder. To be convicted of murder, you must have willfully done the killing. We can use this defense if you had no criminal intent to do harm, you were not acting negligently and you were not engaging in lawful behavior at the time.

• Insanity. Under California law, a person can plead not guilty by reason of insanity. The test used to determine insanity is the M’Naghten test. Using the test, we must be able to prove that you didn’t understand the nature of your act at the time it was committed, and also that you were unable to distinguish right from wrong.

• False confession. It is against the law for police officers to coerce a confession from someone. Everyone has rights, and the police are obliged to follow Miranda procedures. If you feel that your confession was false or coerced, we can use this as your defense.

• Illegal search and seizure. Just as law officers have to follow proper Miranda procedures, they also have to obey search and seizure protocols. If the evidence gathered was obtained during an illegal search, the evidence may be dismissed.

• Mistaken identity. When a murder occurs, it obviously leaves witnesses and victims extremely distraught. As a result, people can be wrongfully accused of murder. To use this defense, our criminal defense firm in San Bernardino must be able to show that the eyewitness is not reliable due to stress, fixation on a weapon, intoxication, passage of time or other factors.

Related Offenses to Murder

There are a number of crimes that are related to murder, which are important to be aware of. If a killing or attempted killing did occur but does not fall under first-degree or second-degree murder, you could be charged with one of the following:

• Attempted murder (PC 187). You can still be charged under PC 187 for murder, but it will be considered attempted murder. This happens when you take a direct step towards killing someone and intend to kill someone but are unsuccessful. You could face a life sentence with the possibility of parole.

• Voluntary manslaughter (PC 192(a)). Voluntary manslaughter occurs when you kill someone in the heat of the moment. Even though voluntary manslaughter involves killing someone, this is not a premeditated killing. If convicted, you could face three, six or eleven years in prison.

• Involuntary manslaughter (PC 192(b)). You can be charged with Penal Code 192(b) if you killed someone on accident, such as by taking drugs with a person who overdoses and dies. Involuntary manslaughter can put you in jail for two, three or four years.

Murder charges carry some of the harshest penalties, so do not leave your fate to just anyone. The Law Offices of David S. Chesley will protect your rights and ensure that you receive a fair trial. We have many defenses that can be used to reduce or dismiss murder charges. For a free consultation, contact our San Bernardino criminal defense lawyers today.