Contact Us for a Free Consultation (213) 542-0979

Punishments for Murder

Some people think that there's only one punishment if somebody is being accused of murdering another person.  The answer to that is wrong: there's only one punishment.  Multiple punishments are depending on the circumstances.

Sometimes, someone could be being investigated or even charged with murder. Then, the police and the prosecutors end up being convinced by the criminal defense attorney for that person in Los Angeles that they are not guilty of murder.

Also, they may not be able to prove that they're guilty of murder under Penal Code 187 or that they don't deserve the punishment associated with a first-degree murder, which would be 25 to life.

First-Degree Murder Case in California

It's a little bit deceptive, though, because if you used a weapon and hit somebody, you're potentially looking for more time to use that weapon.  If you're a gang member and it's a first-degree murder case, in addition to the 25 to life, you're also looking at a 10-year gang enhancement, typically.

So, it can be a bit confusing trying to figure it out. The bottom line is that if you're being charged with or investigated for a murder, all the marbles are on the line.

The next thing you could be looking at in a murder case, depending on the circumstances — if it's a particular circumstance case with life without the possibility of parole, or even in California, you could be facing the death penalty.

Let's say, for example, you kill somebody in the course of a robbery. That's a particular circumstance case, and the prosecutors, if they want to, can decide to seek death against you in that specific circumstance.

So, that's pretty much the highest form of murder. Still, I see in Los Angeles County and throughout California, and I've defended many clients who were facing these types of murder allegations, so obviously, you want to pull out all the stops because you can bet law enforcement and the prosecutors will.

They're going to put their best people on it.  They're going to be seeking to get justice for family members whose loved ones have passed away.

Serving 85% Of the Time for Violent Felony

So, the punishment for first-degree murder is typically 25 to life plus any enhancements that might apply, and obviously, that's something you're going to have to discuss with your attorney.

Punishments for Murder Charges in California

For second-degree murder, you're usually looking at 15 to life.  When we talk about 25 to life or 15 to life, we're talking about serving 85% of the time because it's a violent felony, and after you serve 85% of 25 years or 85% of 15 years, you're eligible for parole.

If the parole board decides not to parole you, then you can never get out.  That's where the life part comes in.  You keep coming up for parole over and over again.

With the coronavirus, many people who usually wouldn't have gotten out and served these long sentences—15 or 20 years—are getting out because they're trying to clear the jails. They can't hold all these people jammed up in the state prisons and even the county jail.

So, second-degree murder is a 15-year to life charge, and of course, any enhancements that apply could add additional time.  An enhancement could be for the use of the weapon.  Enhancements could be for other charges other than murder — robbery, arson, rape, burglary.

Other enhancements that I see a lot are gun enhancements and gang enhancements, again depending on whether somebody used a gun in a case or somebody is accused of being a gang member and trying to commit the crime for the benefit of a street gang.

Reduce Charges to Voluntary Manslaughter

So, that gives you first and second-degree murder, those are pretty much common murder scenarios we're going to see, but that doesn't necessarily mean that every single murder prosecution has to end in 15 to life, 25 to life, or even a not-guilty verdict.

Sometimes, what ends up happening is the prosecutors realize they can't convict everybody that they want to murder or that it's not fair to give somebody a 15 to 25-year sentence based on what happened in the particular case.

So, they're going to look at the facts of the case, and it's up to the defense attorney also to try to convince the prosecutors that a 15 to 25-year sentence is not fair, and if you can do that, then there are other charges that the person could plead to instead of a murder charge.

For example, voluntary manslaughter.  That carries much less time than a murder case.  You might be looking at 11 years, for example, where you plead guilty to voluntary manslaughter, and the prosecutors agree that 11 years is a fair sentence in your particular case, and that's not a life sentence either.

Other different charges could be substituted for murder depending on the circumstances of what happened.  For example, assault with a deadly weapon is a charge that I see.  That's a strike.  If you could get a much shorter sentence, you'd get a 6-year, a 4-year, and a 2-year sentence.

I can keep going.  It depends on the circumstances of the case, but you get the idea that the bottom line is this.  Just because somebody is being investigated or charged with murder doesn't necessarily mean they're going to get the same punishment every single time.

It depends on how reasonable their attorney is, what they did, and what their criminal record looks like.

It depends on many essential factors, which I discuss with the clients and family members right from the beginning of the case so we can figure out the best angle in this particular case—what will make a difference and what will not.

Murder Defense Lawyer in Los Angeles

I also talk to the prosecutor about it.  I'm point-blank with them.  I want to hear what they have to say about it because they have a big say in how a criminal case where a person is charged with murder is dealt with in Los Angeles County, so you might as well get their perspective.

Whether you agree with their perspective or not doesn't matter.  It concerns their perspective, the judge's perspective, and what makes sense for a particular case.

That's why there's a concise list of attorneys who defend murder cases. Like I said in the beginning, all the marbles are on the line, and you want to ensure you have somebody with a lot of experience. If you need help, feel free to pick up the phone.  As to speak to Ron Hedding, we will set up a meeting.

Menu