Los Angeles Criminal Defense Lawyer Blog

Since the first of the year there have been 140 homicides in Los Angeles County. Most of those killed have been between the ages of 15 and 50, black or Hispanic men and killed by gunshot. Not all homicides committed in Los Angeles County are considered murders, explains expert criminal defense attorney Stephen Rodriguez. "Homicide includes murder, manslaughter and lawful killing," he said, noting that there are five types of homicide, only two of which are classed as murder:

• First-degree murder, or felony murder, is the willful, deliberate and premeditated killing of another person and is punishable by 25 years to life in prison.


• Second-degree murder is the malicious and intentional but not premeditated or deliberate killing of another person and is punishable by 15 years to life in prison.


• Voluntary manslaughter is the intentional and provoked killing of an individual and is punishable by 3 to 11 years in prison.


• Involuntary manslaughter is the unintentional killing of an individual and is punishable by 1 to 4 years in prison or county jail, depending on circumstances.


• Lawful killing is the justifiable killing of a suspected felon, often by a police officer but also by an individual in self defense.

To be classified as murder, a killing (including the killing of a fetus) must involve malice, referred to legally as "malice aforethought." As L.A. criminal defense attorney Rodriguez explains, "Malice means to intend to kill or cause bodily injury or to act with gross recklessness." While all murders require proof of malice, the malice can be either expressed or implied. If malice is expressed, the defendant obviously intended to kill the victim. In implied malice, the defendant so grievously injures the victim that death occurs. Implied malice may also be charged if the defendant places the victim's life in danger without provocation and death occurs.

The main difference between first-degree and second-degree murder is premeditation; that is, the act of planning the murder ahead of time. In California, first-degree murder with "Special Circumstances" can also be charged. Such circumstances include murder for hire, murder of a police officer or murder of a child under the age of six. First-degree murder with Special Circumstances carries of sentence or death or life in prison without possibility of parole.

Any charge of homicide is serious and places the defendant's freedom at dangerous risk. Aggressive defense by a skilled criminal defense attorney experienced with the Los Angeles County legal system is necessary to protect the rights of the defendant and provide an effective defense.

Next time: Murder defense strategies