The penalties for murder or homicide conviction are so severe and life altering that every defendant deserves the very best defense the legal system can provide. Every week the press reports on men on women convicted of murder who are exonerated by new evidence or DNA tests after spending years behind bars. A recent federal study (see our March 18 post) challenges the validity of forensic methodology and evidence used to send thousands of individuals to prison in Los Angeles, California and across the U.S. When an individual is charged with murder or homicide, it is the job of the criminal defense attorney to investigate and challenge every charge, every witness, every piece of evidence and every action by law enforcement officers and prosecutors to ensure that his client receives a fair trial.
In addition to thoroughly investigating legal procedures, testimony and physical evidence, an expert criminal defense attorney will investigate a number of potential defenses when defending an individual against a charge of murder or homicide, says experienced Los Angeles criminal defense attorney Stephen Rodriguez. These include:
- Self defense. Homicide is considered justified if the defendant acted to protect himself or another person from being seriously injured. An expert criminal defense attorney may be able to have charges dropped if self defense can be proved.
- Mental capacity defense. Commonly called the "insanity defense," mental health issues, even when temporary, can prevent the defendant from developing the necessary intent required for a murder charge. This can allow an experienced criminal defense attorney to argue for a lesser charge and/or alternative sentencing.
- Manslaughter. If the defendant was provoked by the victim to the point of losing control and killed "in the heat of passion," an experienced criminal defense attorney can argue for reduction of the murder charge to manslaughter which carries a lesser sentence.
- False confession. Confessions obtained from witnesses through coercion, deception or threats can be used to falsely and maliciously convict an individual. An expert criminal defense attorney can discover and expose such false confessions to ensure that his client receives a fair trial.
