Turn to a Trusted San Francisco Homicide Defense Attorney When Dealing with Homicide Charges
If you or a loved one has been charged with homicide in San Francisco, trusted homicide defense attorney Valery Nechay is ready to zealously advocate for your rights.
A Homicide Defense Attorney Explains the Difference Between Murder and Manslaughter
When one individual has caused the death of another, whether intentionally or unintentionally, the act will likely be labeled as a homicide. However, not every homicide is a murder; as cited in the California Penal Code, “murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” In other words, murder is killing another individual with disregard for human life.
A first-degree murder may result in the death penalty or a life sentence without parole. Penalties for second-degree murder can result in fifteen years to life in prison.
On the other hand, killing another human being “without malice” is defined as manslaughter. Manslaughter can be voluntary, involuntarily, or vehicular. Although these crimes can occur in the heat of the moment or unintentionally, they still may result in several years of jail time.
These homicide charges vary in severity; nevertheless, every one of them should be taken seriously. Any homicide conviction can result in severe penalties and consequences and quickly turn your life upside down.
Whatever homicide charges you are facing, consulting with an experienced San Francisco criminal defense lawyer is essential. Homicide lawyers with experience in this field of criminal law can help clients defend themselves against homicide charges and protect their legal rights. Homicide attorneys can investigate the case, interview witnesses, research crime codes, and negotiate with the prosecutor to get a plea bargain and craft a defense strategy.
As a top-rated defense attorney who practices criminal law, Valery Nechay knows how to obtain time-sensitive evidence, negotiate with the prosecution, examine all of the facts, and, most importantly, provide you with an utmost level of attorney-client confidentiality.
Homicide Defense Lawyer and Manslaughter Charges
As previously mentioned, manslaughter can be:
- Involuntary manslaughter
- Voluntary manslaughter
- Vehicular manslaughter
If the defendant is accused of unintentionally killing someone while committing another crime that is not considered a felony, they will most likely be charged with involuntary manslaughter. Possible penalties for involuntary manslaughter can include up to four years in jail and a fine of up to $10,000.
Voluntary manslaughter occurs when, for instance, the defendant is accused of killing a victim in the heat of the moment or during an argument. There is no premeditation involved. If you are convicted, you could be facing up to eleven years in state prison and pay a fine of up to $10,000.
Vehicular manslaughter occurs when, for example, someone is killed due to the defendant’s reckless driving or driving while intoxicated. Killing another human being resulting from using a vehicle can also sometimes be charged as second-degree murder if there is an element of malice and “conscious disregard for life.”
Depending on the type of crime that has occurred, those convicted of vehicular manslaughter can face from one year in county jail to up to several years of imprisonment in the state prison.
How Can a Homicide Criminal Defense Attorney Fight a Murder Charge?
Murder is one of the most serious crimes one can be accused of in California. A first-degree murder charge is considered the most serious.
California Criminal Law considers first-degree murder any murder that is committed using explosives, torture, committed in the perpetration, or attempt to perpetrate, arson, robbery, carjacking, rape, by discharging a firearm from a vehicle with the intent to kill or by some other willful and deliberate act.
In addition, first-degree murder is considered capital murder in specific circumstances, meaning sentences such as the death penalty or a life in prison without parole can be imposed.
Second-degree murder is any other murder that is not considered murder of the first degree. Although it is not as severe as first-degree murder, second-degree murder still carries severe penalties, including spending at least 15 years in prison. Also, the penalty can increase if certain extenuating circumstances apply in that homicide case.
Law enforcement has to obey the California law when they want to punish someone for breaking it. Your lawyer can ensure this principle was followed by filing legal motions. Motion to suppress illegal evidence, Motion to dismiss the unsupported charges, as well as motion to prevent a certain testimony are just some of the common legal motions your attorney can use in murder cases.
Valery Nechay is trial-tested and has represented numerous clients accused of different crimes in San Francisco courts. Reach out to the Law Office of Valery Nechay today to discuss your case and explain the process and your options. Contact the firm today and schedule a free consultation.
Hire the Best Homicide Defense Lawyer for a High-Quality Murder Defense
Even seasoned criminal defense attorneys sometimes have a hard time when fighting murder charges. Although it’s not easy, a successful defense strategy can result in a reduced sentence or no criminal outcome at all.
There are several possible defenses a murder defense attorney can use to fight murder charges. For example, your criminal defense lawyer could argue that a murder has been committed, but the defendant is not the one who committed it. This defense involves showing that the prosecutor can not prove the defendant is guilty beyond a reasonable doubt and that they have been falsely accused. It is known as a mistaken identity defense.
Other defense strategies involve confessing that the defendant did commit the murder or homicide, but there were mitigating circumstances. For instance, a defense team representing the client could argue the murder was committed in self-defense.
Similarly, if the defendant believed someone else’s life was in danger, defense lawyers could argue that murder or homicide was committed in their defense.
How to Get an Experienced Attorney for Homicide Cases
When someone you love faces murder charges in California, it’s imperative to retain the most experienced and successful murder defense attorney you can find. Since the rest of your life may depend on that decision, you should make the best possible choice.
Searching for the appropriate law firm when you are accused of homicide can be stressful and exhausting. However, your freedom is on the line, so you have to know that your life is in capable hands.
First of all, you should find a criminal defense law firm that has successfully dealt with homicide charges in the past. In addition, that should be a law firm that has already worked in the area where you are facing charges. Having extensive experience in the court where your homicide case is pending can be a significant benefit.
Checking reviews and testimonials of former clients is another crucial step in this search. However, remember that guaranteeing specific outcomes in murder cases or making promises is against California State Bar rules.
If you or a loved one is charged with murder in San Francisco, California, reach out to my office as soon as possible. I can do everything in my power to pursue the best possible outcome given the crime you have been accused of and the prosecution’s evidence against you.
Being charged with killing another person is among the most serious crimes. Those individuals who do not have adequate legal representation could face severe consequences. Other San Francisco criminal defense attorneys may not have enough time to dedicate to your homicide case, but that is not the case with me.
The Law Office of Valery Nechay is unlike any other criminal defense law firm. I will do my best to fearlessly represent you at trial and leave no stone unturned in my mission to get you the best possible result under the circumstances you are facing.
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If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.