Sacramento Homicide Defense Lawyer

Facing Murder or Manslaughter Charges in Sacramento County, CA? We Fight for Your Freedom!

Facing charges for homicide, whether murder or manslaughter, is one of the most severe legal challenges in the California criminal justice system. These charges carry significant weight due to the severity of the accusation. When a life has been lost, it typically leads to an often highly emotionally charged situation. 

These cases often attract media attention, which can further complicate proceedings and result in a public perception of guilt before you have had your day in court. Convictions can have life-changing repercussions, including lengthy prison sentences, life imprisonment, or even the death penalty. 

Legal representation is essential when facing a violent crime. The quality of your representation is critical to pursuing optimum results. You'll need a professional with extensive experience who understands the legal complexities and the strategies needed to defend you effectively. 

At Law Office of Mathew Martinez, you can work with a former prosecutor who has conducted over 60 jury trials and hundreds of hearings. Mr. Martinez has the advantage of 20+ years of practice in California criminal law. 

He is an aggressive defender of client rights and a fighter willing to go the extra mile to build your defense. From investigating every detail of your case to challenging the prosecutor’s claims in court, he is a proven professional with a track record of success. 

Book a free case evaluation with our Sacramento murder and homicide attorney. Call Law Office of Mathew Martinez at (916) 318-5142 or email us on our online contact form. Hablamos español.

What Is the Difference Between Murder, Manslaughter & Homicide?

The terms "murder" and "homicide" are often used interchangeably, but they have distinct legal meanings. Homicide is a broader term that refers to the act of one human being killing another and can be categorized as criminal, justifiable, or excusable. 

The law categorizes criminal homicide into two distinct groups: murder and manslaughter. The distinction between these offenses is crucial and is based on the defendant's mental state and the circumstances surrounding the killing.

To secure a conviction for any form of criminal homicide, the prosecution must prove, beyond a reasonable doubt, that you caused the death of an individual.

• Unlawful Killing: The state must prove that you caused the death of another person.
• Malice Aforethought (for Murder): This is the most crucial element in a murder case. It is a legal term that means the defendant had the intent to kill. Malice can be "express," when there is a deliberate intention to take away the life of a human being, or "implied," when an unlawful act is committed that shows a willful disregard for human life.
• Lack of Malice (for Manslaughter): Manslaughter is distinguished from murder by the absence of malice. A killing may be considered manslaughter if it was done without malice, such as during a "sudden quarrel or in the heat of passion."

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and complex forensic evidence. As a seasoned Sacramento homicide lawyer, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Understanding Murder Under California Law

Murder is a type of criminal homicide involving the unlawful killing of another person with malice aforethought, a deliberate intention to end a life. 

An example of murder is a premeditated act where Joe plans and executes the killing of his neighbor, Bill, due to a personal vendetta. An example of a non-criminal homicide is a law enforcement officer who, in the line of duty, shoots a suspect posing an immediate threat to others. Differentiating between these scenarios can be pivotal in court, influencing everything from jury perception to potential plea deals.

First & Second Degree Murder in California

First-degree murder involves willful, deliberate, and premeditated killing. It may also include deaths caused during certain felonies, such as arson or robbery, also known as "felony murder." An example of this is carefully planning and lying in wait for someone to ambush and kill them. 

Second-degree murder occurs when a person intentionally causes the death of another without premeditation. It often involves forms of reckless, indifferent, or impulsive conduct that exhibit a disregard for human life. An example of this is getting into a bar fight with another patron that results in a fatal injury. 

Penalties for Murder in Sacramento

The penalties for first-degree murder can include:

• 25 years to life in prison: This is the standard sentence for first-degree murder.
• Life without the possibility of parole: This can be imposed in cases involving exceptional circumstances, such as multiple murders, murder for financial gain, or killing a law enforcement officer.
• Death penalty: Although California has a moratorium on executions, the death penalty may still be legally imposed. It’s critical to understand that these penalties are subject to the interpretation of law, circumstantial evidence, and the skill of your defense team.

The penalties for second-degree murder can include:

• 15 years to life in prison: This is the standard sentence for second-degree murder.
• 20 years to life in prison: If the murder involved shooting a firearm from a vehicle with the intent to cause serious harm.
• Life without parole: If the defendant has a prior murder conviction. These sentencing guidelines illustrate the nuances that influence legal outcomes. Each penalty also considers factors such as previous criminal history and any mitigating circumstances that could lessen the severity of the ruling.

Understanding Manslaughter Under California Law

California law categorizes manslaughter into different charges, with the penalties increasing significantly with the severity of the charge.

• Voluntary manslaughter: Killings done in the "heat of passion" or during a sudden quarrel without prior intent to kill. An example is a person who discovers their spouse engaged in infidelity and, in a fit of rage, causes their death.
• Involuntary manslaughter: An unintentional killing resulting from reckless or criminally negligent behavior. An example is accidentally causing a fatal car accident while driving under the influence of alcohol.
• Vehicular manslaughter: A result of negligent or unlawful driving. An example is speeding through a red light, leading to a fatal collision with a pedestrian. Vehicular manslaughter reflects society's increased focus on safety and responsibility, particularly concerning motor vehicle operation. Thus, penalties can vary widely based on circumstances, intent, and the presence of any reckless behavior.

Penalties for Manslaughter in Sacramento 

The penalties for voluntary manslaughter include three, six, or eleven years in state prison. Involuntary manslaughter convictions are punishable by two, three, or four years in state prison. Manslaughter charges, given their inherently less premeditated nature compared to murder, often afford more opportunities for reduced sentences or favorable plea bargains, contingent on legal strategy and comprehensive case analysis.

Vehicular manslaughter depends on the circumstances. Misdemeanor vehicular manslaughter is punishable by up to a year in county jail. Felony vehicular manslaughter carries two, four, or six years in state prison. Vehicular manslaughter while intoxicated can lead to up to ten years in state prison, depending on the level of negligence and whether you have prior DUI convictions. 

All penalties are influenced by factors such as your criminal history, the specific circumstances of the case, and aggravating or mitigating factors. Aggravating factors can include killing a peace officer, firefighter, or correctional officer, gang-related killings, and killings committed during other crimes, such as robbery. Mitigating factors can include lack of prior convictions, mental impairment, diminished capacity, or having been provoked.