We've successfully defended high-profile murder cases across California. Our experienced team will fight tirelessly to protect your rights and freedom.
When you’re facing murder charges in San Diego, the weight of the accusations alone can feel crushing.
You need a criminal defense attorney who understands what you’re going through and knows how to advocate for your rights.
At David P. Shapiro Criminal Defense Attorneys, we have stood beside countless clients facing homicide charges. Our seasoned San Diego murder lawyers can give you the support you need during this challenging time.
Murder Charges in California
Under California Penal Code Section 187, murder is defined as the “unlawful killing of another person with malice aforethought.” The state recognizes several degrees of murder. Let’s examine each one:
First-degree murderis the most serious charge involving a premeditated and deliberate killing. It can also include certain exceptional circumstances, like a killing during a felony or using explosives. (California Penal Code Section 189)
Second-degree murderis an intentional homicide without premeditation or a killing resulting from highly reckless behavior. (California Penal Code Section 187)
Felony murder occurs when someone dies during the commission of certain felonies, even if the death wasn’t intended. Felony murder is a type of first-degree murder. (California Penal Code Section 189)
The penalties for murder in California are also severe.
A first-degree murder conviction could result in 25 years to life in prison, life without parole, or even the death penalty in some cases.
Second-degree murder may carry a sentence of 15 years to life.
Building a Strong Defense Against Homicide Charges
If you have been accused of murder, time is of the essence.
The early involvement of our criminal defense team may help strengthen your legal defense strategy.
Here’s why early intervention matters:
Legal counsel protects your rights during police questioning.
Yourcriminal defense lawyer will review the facts, discover evidence, and interview witnesses before memories fade.
Our team challenges improper police procedures or evidence collection.
A cornerstone of any strong murder defense is establishing reasonable doubt.
This means poking holes in the prosecution’s case and presenting alternative explanations for the evidence. At David P. Shapiro Criminal Defense Attorneys, we leave no stone unturned when building your defense against murder charges.
Defense Strategies in Murder Cases
Every murder case is unique, but there are several common defense strategies we might employ.
Self-Defense — If you reasonably believed you were in imminent danger of death or great bodily harm, using lethal force might be justified.
Mistaken Identity — Eyewitness testimony can be unreliable. We scrutinize the procedures used to identify you and look for any inconsistencies in witness accounts.
Lack of Intent — Murder requires intent. If the death was truly accidental or the result of reckless behavior rather than intentional action, a lesser charge may be applicable.
Mental Health Considerations — In some cases, the accused’s mental state during the incident plays a role in their defense. Our criminal defense law firm works with psychologists or other experts to evaluate you and present this evidence when appropriate.
California’s Three Strikes Law
If you’re facing murder charges and have prior felony convictions, California’s Three Strikes law becomes relevant.
This law can significantly increase the potential penalties you’re facing.
Here’s what you need to know:
A “strike” is typically a serious or violent felony conviction.
A prior strike conviction could double your sentence for a new felony conviction.
Three strikes could result in a minimum sentence of 25 years to life.
Our attorneys have extensive experience working through California’s complex sentencing laws. Understanding how your record might affect your case is crucial for building an effective defense strategy.
How Media Coverage Impacts Murder Cases
High-profile murder cases often attract significant media attention, which can pose unique challenges for the defense, including:
Potential jury bias from pre-trial publicity.
Pressure on prosecutors to secure a conviction.
Difficulty maintaining your privacy during a stressful time.
Our attorneys at David P. Shapiro Criminal Defense Attorneys can manage media relations in homicide cases and protect your reputation inside and outside the courtroom.
What Our San Diego Murder Lawyers Do for You
When you’re facing murder charges, the right legal representation can be the difference between freedom and life behind bars.
The skilled San Diego murder lawyers at David P. Shapiro Criminal Defense Attorneys can:
Protect your constitutional rights throughout the legal process.
Conduct a thorough, independent investigation of the facts.
Challenge unreliable evidence or improper police procedures.
Negotiate with prosecutors for reduced charges or dismissal when possible.
Present a compelling defense at trial if necessary.
We bring to the table a wealth of experience and a history ofsuccessful case outcomes from working on homicide cases in San Diego.
You benefit from our firm’s collective knowledge and open communication. We keep you involved every step of the way.
Facing Murder Charges? Get the Defense You Deserve
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s What You Need to Know to Regain Control of Your Future
Charged with a crime in San Diego? Wondering how the case will affect your reputation, career, and freedom? Trying to figure out what comes next? Look no further! David’s book addresses common misconceptions and mistakes made by those charged with a crime in San Diego. Some of the chapters include topics such as:
What Our Clients Say About Their Experiences With Us
—ANTONIO G.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
—ERIN T.
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
—STEPHANIE.
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
—JASON
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
—Nancy
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
—Ryan
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
What's the difference between murder and manslaughter?
The key distinction is intent. Murder involves the intent to kill or extreme recklessness, while manslaughter is typically a heat-of-passion killing or the result of criminal negligence.
Can I face the death penalty in California?
The death penalty is only possible in California pursuant to Penal Code Section 190.2. That law states only certain types of murder–like the killing of a police officer, prosecutor, judge, or witness, or a killing during the course of a robbery–are subject to life in prison without the possibility of parole or the death penalty.
While California technically still has the death penalty on the books, there’s currently amoratorium on executions. Life without parole is more common for the most serious murder convictions.
How long do murder trials typically last?
The length of a murder trial can vary widely, from a few days to several weeks or even months in complex cases.
What should I do if I'm accused of murder?
Exercise your right to remain silent and contact a San Diegocriminal defense attorney immediately. Don’t speak to anyone about the case without your lawyer present.
Remember, this information is just a starting point. Murder cases are complex, and the specific details of your situation will impact your defense strategy. Only an experienced criminal defense team can give you the specifics you need to protect your future and protect your freedom.