San Jose Homicide & Murder Lawyer

Burglary and theft are serious crimes in California with stiff penalties for those convicted. Anyone facing a criminal charge should immediately pick up the phone and reach out to Knight Law 408-877-6177. Our criminal defense attorney is committed to helping the San Jose community defend themselves from criminal prosecution. Public defender offices are usually overworked and understaffed. You need a San Jose burglary and theft lawyer who can go over the state’s evidence with a magnifying glass and identify the strongest defense for your case. Our consultations are free!

California Laws on Homicide and Murder

Murder is the unlawful killing of another person with malice aforethought. However, California recognizes different degrees of homicide, including murder and manslaughter:

Vehicular manslaughter includes any killing caused by a car accident. This law has a broad definition and covers all sorts of situations. A defendant faces up to six years in prison if convicted.
First degree murder consists of premeditated murder, as well as any killing caused by a device or explosive or in the commission of certain felonies like arson, robbery, or rape. If convicted, you are facing 25 years to life in prison. When there are aggravating factors, you could receive a life sentence without the possibility of parole or even a capital punishment, if special circumstances are alleged.
Second degree murder is committed without premeditation. The sentence is 15 years to life.
Voluntary manslaughter is a homicide without premeditation, induced by a sudden quarrel or passion. Getting into a fight and killing someone is an example. A defendant can face 3, 6, or 11 years in prison.
Involuntary manslaughter is defined as an unintended death caused by criminal negligence and carries a maximum 4 years in prison.

Can We Defend Against Murder Charges?

Because the penalties are so steep, anyone suspected of murder or manslaughter should immediately contact our law firm. We can review what you remember of the incident, if anything, and build a strong defense.

We use different tactics to attack the state’s case. Some of our strategies include:

Reasonable doubt. The state must prove all elements of a crime to convict you. We can poke holes or exploit gaps in the evidence.
Reduction in charges. You might be charged with first-degree murder when we can provide an intense passion or quarrel which can reduce charges to manslaughter.
Self-defense or defense of another. In California, a person can use reasonable force to defend themselves or defend other people.
Intent: intent to kill is always an issue in murder cases and it is frequently very difficult for the prosecution to prove the intent to kill. It is important for your defense attorney to focus on the lack of intent to kill in presenting your case.
Accident. Perhaps you accidentally injured someone fatally but were not acting in a criminally negligent manner. If so, you shouldn’t face criminal charges.
Alibi. You might not have been anywhere near the crime scene, so you cannot be convicted of the crime.
Constitutional violations in your arrest or a search. The police must follow the constitution to obtain a search warrant if they want to search you or arrest you. They might fail, in which case we can ask a judge to toss the evidence—which causes many prosecutions to collapse.

Let Us Advise You—Schedule a Consultation

Anyone investigated in connection with a homicide or missing person should call Knight Law to speak with our San Jose murder and homicide defense lawyer.