Murder Lawyer in Riverside, California

Murder is a type of homicide, which is legally defined as the deliberate killing of another human being. The State of California maintains strong penalties for murder crimes, which can be charged by the prosecutor as first or second degree murder. People convicted of murder face severe consequences, including life imprisonment without possibility of parole, 20 to 25 years in state prison, or the death penalty. Complex murder cases and other forms of homicide require a skilled legal defense.

San Bernardino and Riverside County murder defense lawyer Gregory H. Comings aggressively protects the rights of those accused of murder. Based on a relationship of trust and communication, Mr. Comings seeks to build strong defenses behalf of his clients. In some circumstances, dismissal or acquittal of the charges may be possible. If you or a loved one is facing criminal investigation or formal accusations involving murder, assault, or another violent crime, Attorney Comings, along with the team at Law Office of Gregory H. Comings, APC, is prepared to mount a defense on your behalf.

Elements of a Murder Charge According to California Law

The crime of murder is set forth in California Penal Code section 187. Murder is the intentional killing of another human being with malice aforethought and without lawful excuse or justification. Intent to kill or cause bodily injury, or acting with a wanton disregard for life qualifies as malice aforethought. Unlike manslaughter, murder is distinguished by the presence of a specific mental state, malice.

Murder is charged by the State of California as either first or second degree. 

First-Degree Murder

First degree murder may be appropriate when a destructive device such as poison or torture was used to commit the crime, or when a murder was committed in a willful, premeditated manner. Especially heinous crimes that involve deliberation, premeditation, and planning are typically charged as first degree murder. When a murder occurs during the commission of a felony, the California felony murder rule may apply, and may render the crime a first-degree murder. 

Examples of crimes that invoke the felony murder rule include: 

• Rape,
• Arson, 
• Burglary,
• Robbery, and
• Kidnapping.

First-degree murder charges carry severe penalties and can severely damage your reputation. Contacting a murder defense attorney is imperative to protect your liberty and rights.

Second-Degree Murder

Second-degree murder also requires malice and intentionality, but it is not deliberate and premeditated. This type of murder includes all murders that are not first-degree and also includes the felony-murder rule. Examples include the use of a deadly weapon in a fight, or swinging a bat and accidentally hitting and killing a victim.

A murder charge requires a strategic defense approach, detailed knowledge of California’s criminal statutes, and an understanding of the local Riverside legal system. In this high-stakes situation, you need a lawyer who can scrutinize the evidence, challenge prosecutorial claims, and protect your rights from start to finish. With an experienced Riverside murder defense lawyer, you’ll have an advocate who knows the tactics needed to defend against a conviction that could have lifelong repercussions.

Penalties for a Murder Conviction According to California Law

California imposes stringent penalties for those convicted of murder. The potential consequences include the following.

First-Degree Murder Penalties

Punishment for first-degree murder may include 25 years to life in prison. First-degree murder with “special circumstances” is the highest level of murder under California law. The following is a list of “special circumstances” under California law that can elevate a first-degree murder charge:

• Multiple victims;
• Murder for financial gain;
• Previous murder conviction;
• Murder of a law enforcement officer or firefighter performing their official duties;
• Particularly heinous murders;
• Murder of a witness to prevent testimony;
• Murder of a prosecutor, judge, or other government official in retaliation or prevention of their official duties;
• Murder during the commission of certain felonies;
• Drive-by shooting; and
• Victims killed intentionally because of their race, color, religion, nationality, or country of origin. 

When someone is convicted of first-degree murder with special circumstances, or “capital murder,” the penalties include death, or life in prison without possibility of parole. Currently, California has suspended capital punishment. 

Second-Degree Murder Penalties

Second-degree murder penalties include 15 years to life in prison. If convicted of second-degree murder, and the victim was a peace officer killed in the line of duty, and the defendant knew or should have known the victim’s role, the sentence increases to 25 years to life.

If a peace officer is killed and certain aggravating factors apply, the defendant may face life without parole. These factors include:

• Intent to kill the peace officer,
• Intent to inflict serious bodily injury,
• Personal use of a deadly or dangerous weapon, or
• Personal use of a firearm in committing the offense.

If the defendant is convicted of second-degree murder and the murder involves shooting from a vehicle with the intent to inflict great bodily injury on someone outside the vehicle, the penalty is 20 years to life.

A knowledgeable and experienced murder defense attorney will explore every possible angle to challenge the charges. Here are some commonly used defense tactics that may be applicable in murder cases.

Self-Defense or Defense of Others

California’s self-defense laws may excuse the defendant’s conduct. For this type of defense to apply, there must have been a reasonable belief that you or another individual were in imminent danger of death or great bodily injury, or a forcible crime. 

An “imperfect self defense” argument may be appropriate when the defendant held an honest but unreasonable belief in the need to use deadly force. A successful imperfect self defense may reduce murder charges to voluntary manslaughter charges.

Mistaken Identity

Mistaken identity is a common issue in murder cases, especially when the incident occurs in a chaotic or crowded environment. In some cases, eyewitnesses or police officers may misidentify individuals due to stress or poor visibility. A thorough investigation can reveal gaps or inconsistencies in witness accounts, supporting a defense of mistaken identity.

Lack of Capacity Defense

In some cases, a lack of capacity defense applies if the defendant was unable to fully comprehend their actions or the consequences due to mental impairment. This defense argues that, at the time of the alleged offense, the defendant’s mental condition prevented them from forming the intent required for a murder charge. A defense lawyer can seek reduced charges or sentencing by demonstrating their client’s inability to make rational decisions or understand their actions were wrong. This approach relies on expert evaluations to clearly depict the defendant’s mental state.

Suppression of Illegal Evidence

One powerful strategy for defending a murder charge is challenging the legality of evidence obtained by law enforcement. Evidence acquired unlawfully can be excluded from trial, potentially weakening the prosecution’s case. Here are common grounds for evidence suppression.

Unlawful searches and seizures

The Fourth Amendment protects individuals from unreasonable searches and seizures. Law enforcement must generally have a valid search warrant or specific consent to search a person’s property. If officers gather evidence without proper authorization, it may be suppressed, preventing its use in court.

Forcible or coercive confessions

Under U.S. law, confessions obtained through coercive tactics—such as threats or force—are inadmissible. Therefore, if the police obtain a confession through force or intimidation, an attorney can argue that it was involuntary and should be excluded.

Failure to read Miranda rights

Law enforcement is required to inform individuals of their Miranda rights, which include the right to remain silent and the right to an attorney. If the police fail to read a defendant these rights before questioning, any statements made may be considered inadmissible in court. This procedural protection ensures that individuals are fully aware of their legal rights before making potentially self-incriminating statements.

Disproving Prosecutorial Claims

For a murder conviction, the prosecution must prove every element of the charge beyond a reasonable doubt. This includes intent, malice, and other key components of the alleged crime. An experienced attorney will critically examine the prosecution’s claims, looking for weak evidence, contradictions, or unfounded assumptions. If they can show that one or more of these elements are lacking, it may lead to a reduced charge or even a case dismissal.

For example, for all murder crimes, the prosecution is required to prove that there was a killing of another person, with specific intent. An accidental killing will not constitute murder because there would be no intent to cause harm. The murder charge may be dismissed or reduced to manslaughter. 

Contact an Experienced Murder Defense Lawyer in Riverside

The serious nature of a murder charge requires an effective criminal defense in Riverside and San Bernardino Counties. At the Law Office of Gregory H. Comings, APC, Attorney Comings relies on his trial experience and focused criminal defense practice to protect your legal rights. By contacting our office, you are taking the first step toward understanding the legal options available to you. Legal representation by Attorney Comings extends to clients throughout Palm Springs, Temecula, Moreno Valley, Palm Desert, Highland, Indio, Fontana, Redlands, San Bernardino, and Rancho Cucamonga. Our office can be reached by phone or online form.

References

California Penal Code 189, link.

California Penal Code 190, link.

California Penal Code 192, link.

Miranda v. Arizona 384 U.S. 436 (1966)

U.S. Const. amend. IV