The Law Offices of Scott M. Schlegel
"Defending the criminally accused exclusively!"
Homicide
Murder:
- Possible Penalty
Life in prison, or Death Penalty
- No crime is more serious than murder. If convicted, a defendant may face execution, and will certainly face 25 years to life in prison. Murder cases require experienced lawyers who have the time and skills to devote to such critical matters. Second best will not do in such a situation.
- In addition, murder investigations are long and complicated processes, and involve the unlimited resources of the State. If you are even approached by law enforcement regarding a murder investigation, it is essential that you contact a lawyer. Police are not paid to protect your rights in such a situation, only your attorney is.
(Murder)
(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.
Manslaughter:
- Possible Penalty
Probation, or from 16 months up to 11 years in prison
- Comments
Manslaughter is a very serious crime to be charged with, and by its nature it often involves an accidental death. These cases often involve excessive emotional factors which can cloud the legal issues. In order to avoid a lengthy prison term, attorneys often need to do a large amount of work to uncover all the facts involved and present the defendant’s side of the case.
California Penal Code Section 192:(Manslaughter)
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary-upon a sudden quarrel or heat of passion.
(b) Involuntary-in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
(c) Vehicular-
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.
This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
"Gross negligence," as used in this section, shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.
California Penal Code Section 193:
(Punishment for manslaughter)
(a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.
(c) Vehicular manslaughter is punishable as follows:
(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.
(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.
(3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years.
Murder and Manslaughter are the most serious crimes one can be charged with.
If you have been arrested for Murder or Manslaughter
then you must
CALL (619) 298-6026
