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Beat A Murder Charge

How To Beat A Murder Charge - Penal Code 187 PC

For those facing murder charges, whether it's the individual or their family, it's a matter of dealing with one of the most serious crimes in existence. 

In a murder trial, the accused could face a range of sentences, from 15 years to life to 25 years to life if a weapon was used.  In some cases, it could even be 50 years to life — 25 for premeditated murder and another 25 for using a gun. In California, murder is defined under Penal Code 187 PC. 

Successfully defending against murder charges is a formidable task that necessitates a robust defense strategy and the guidance of an attorney with a proven track record in handling such cases.  Many of these cases are intricate and far from straightforward.

The prosecutors and the police would love to have you believe that it's clear the person is guilty.  It's just a matter of us putting on our evidence, and we will win the case.

However, with thorough investigation and a deep understanding of the case's motives and actions, many of these cases become more complex than they initially appear. This reassures the audience about the thoroughness of their case's examination.

Rest assured, it takes an experienced, seasoned criminal defense attorney to navigate these complex cases.  With over twenty-five years of practice and a successful track record in handling murder cases, I can provide the expertise and guidance you need.

Experience Matters

I've had success because I have extensive experience in trials for murder and other violent crimes. This experience plays to my talent as an attorney and as a person, and I know which cases can be won at trial and which cases cannot be won at trial.

That's probably one of the first and most important things you have to decide in a murder case if you want to try to beat it: do you have the ability to win the whole thing?  In other words, can you justify what your client did or didn't do and show a jury that they're not guilty?  If that's the case, you take it to trial and fight it out.

Sometimes, though, it's a little bit more complicated than that.  In other words, maybe your client is not necessarily guilty of murder; they are guilty of something lesser than murder. 

In that case, you're going to be asking the judge at the end of the case for a lesser-related charge to murder so that you can argue to the jury that should be what the person is convicted of, not a murder conviction.  That's one angle.

Another angle is your client did everything correctly.  Maybe they have the wrong person, for example. 

Under that circumstance, you're going to try to argue that they don't have the evidence to prove the murder charges against your client.  You're going to put on your case.  You're going to attack the prosecutor's case, and you're going to do everything you can to have your client found not guilty.

Self Defense

Other times, you have a defense to the crime.  In other words, if it's self-defense, for example, or some other complete defense and it's a justifiable homicide or justifiable actions by your client, then instead of murder, it's a homicide — meaning somebody died. Still, they didn't die under unlawful circumstances.  You can often prove that, and you have a complete defense of the crime.

These are some things that need to be discussed right from the beginning of the case. You can't discuss them after the fact.

It's crucial to discuss these defense strategies from the beginning so you can decide exactly how the murder case will be defended. There are many different ways to protect it, highlighting the need for proactive planning. This approach will help you feel reassured and prepared for the legal battle ahead.

Winning these cases will require a multi-prong approach. In other words, it will require figuring out the best defense, whether fighting for a lesser included charge or getting a complete not-guilty verdict. This comprehensive approach should make you feel hopeful about the outcome of your case.

Once that's decided, then you do the investigation.  You set up the witnesses.  You set up the angles to attack the prosecutor's case through an effective cross-examination.

I'm also going to discuss whether or not the client will testify in the murder trial if that makes sense. Sometimes, we don't make that decision until we hear the prosecutor's entire case, and then we decide, "If you testify, how will that help us?"

How will it make a difference to the good if you go up on the stand?  What evidence can we get from you that will help us defend this murder charge if you take the stand?

Evaluating The Details of Your Case

Once we evaluate that and decide that your evidence will be something that will help us, we're going to put you up on the stand.  We're going to prepare you.  You're going to be able to tell your side of the story.

But, of course, you'll have to be ready to be in a position where the prosecutors can cross-examine you.  In other words, it's not just good enough for you to tell your story; you will be challenged.  They're going to ask you a bunch of questions.

We will have gone over everything and be prepared so that you can answer the questions the right way and get your defense out there to do everything you can to try to beat your murder charge.

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