How an Oakland, CA Murder Attorney Can Help You

A compelling defense is vital to sway the final verdict in your favor. Your homicide lawyer will help file necessary motions to suppress illegal evidence, exploit weaknesses in the prosecution’s case, and present a robust defense at trial.

They File Motions to Suppress Illegal Evidence

Police and law enforcement may break laws while obtaining evidence to support the state’s case against you. However, your attorney fights to have illegally obtained evidence in your murder trial dismissed.

They Find Weaknesses in the Prosecution’s Case

Although the state is supposed to prove your guilt beyond a reasonable doubt, it’s up to your lawyer to introduce that doubt to obtain an acquittal.

Murder cases often rely heavily on forensic evidence, medical professionals, and electronic device experts for both the state and the defense to make their case.

Your Oakland, CA homicide lawyer will introduce any discrepancies in the prosecuting attorney’s physical evidence, witness testimony, or other weaknesses to secure a not guilty verdict.

They Present a Powerful Defense at Trial

Often, the only way for the accused to clear their name is to present a powerful defense at trial. Your attorney may claim several defenses depending on the facts of your case, including a claim of insanity or justifying the homicide through self-defense.

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Types of Homicide, Manslaughter & Murder Charges in California

It’s essential to understand the different California laws distinguishing homicide, murder, and manslaughter. Each offense is charged differently, and some may even be lawful.

Attempted Murder Charges

With the right legal help, your attempted murder lawyer can challenge the prosecution’s case and fight to clear your name.


Under California Penal Code § 187, homicide is the act of killing another person. It does not matter whether the killing was lawful or unlawful. This distinction can be made later by police when determining what criminal charges apply.


Murder specifically occurs when one person kills another in malice. This means there must have been a premeditated intention to kill the intended target. There are three types of murder charges you could face in Oakland, CA. These include:

  • First Degree MurderCalifornia Penal Code § 187 states that first degree murder is a killing that takes place after deliberation and premeditation. Felony murder, which can be charged when someone dies during the course of a specified felony, is another example of first degree murder.
  • Second Degree Murder – Second degree murder is the killing of a human being without deliberation and without premeditation. It does not require any premeditated plan to commit murder. However, it does require that there was malice aforethought.
  • Capital Murder – This is referred to as “murder with special circumstances” and includes the murder of a public servant, hate crime murders, and murdering someone for financial gain, among others. Capital murder traditionally referred to murders that were eligible for the death penalty. If the death penalty is not pursued by the District Attorney’s Office, the alternative punishment for capital murder is life without the possibility of parole.


Many assume murder and manslaughter are the same thing. But manslaughter charges are very different from murder charges.

Under California Penal Code § 192, manslaughter occurs when one person kills another without premeditation or malice. You might face three types of manslaughter charges in Oakland, CA, including:

  • Voluntary manslaughterCalifornia Penal Code § 192(a) states that this is when one person kills another during a sudden quarrel and without any premeditation to kill. These are also referred to as “crimes of passion.”
  • Involuntary manslaughter – Under California Penal Code § 192(b), this involves killing another person without any intent to kill, without any maliciousness, but with a reckless disregard for another person’s life.
  • Vehicular manslaughter – Under California Penal Code § 192(c), this is when another person is killed while driving or traveling in a vehicle.

These are just a few of the crimes you could be charged with when you are accused of being responsible for killing someone else.

As you can imagine, the consequences of a murder conviction are severe. If you are found guilty, your entire future could be on the line. Make sure you make every effort to clear your name. Homicide attorney Seth Morris has secured dismissals and no-time deals on murder cases and people facing life in prison.

Penalties for a Murder Conviction in Oakland, CA

The judge and jury will be responsible for determining how much time you spend in prison, depending on the details of your case. In addition to prison time, there are many other criminal penalties you can expect because of your guilty verdict.

Factors That Influence Murder Penalties

The severity of the criminal penalties you will face can vary wildly depending on many factors. Some of these include:

  • The specific details of your case
  • Whether you have a prior criminal history
  • Whether you have shown signs of remorse
  • Whether there was malicious intent
  • Whether there was intent at all

Murder Charge Penalties

Here are the criminal penalties you could face if you are found guilty:

  • First-degree murder – Up to 25 years in prison; increased to life in prison without the possibility of parole if convicted of a hate crime.
  • Second-degree murder – Between 15 years to life in prison; possible sentence modifications depending on aggravating factors.
  • Capital murder – Life in prison without the possibility of parole. The state of California does allow for capital punishment by lethal injection.
  • Voluntary manslaughter – Up to 11 years in state prison; fines up to $10,000.
  • Involuntary manslaughter – Up to four years in prison; fines as high as $10,000.
  • Vehicular manslaughter – Up to one year in jail for a misdemeanor; up to 10 years in prison for a felony.

Additional Penalties

You could also face additional penalties for jail time and fines that include:

  • Community service
  • Random drug and alcohol testing
  • Completion of the drug or alcohol treatment
  • License suspension or revocation
  • Restitution for victims
  • Court-ordered mental health counseling

Collateral Consequences

The collateral consequences of a murder conviction are undeniable. Common ways you may deal with the fallout of your conviction include:

  • Citizenship and immigration issues
  • Child custody or visitation troubles
  • Revocation or suspension of your professional licenses
  • The destruction of your professional and personal reputations
  • Once paroled, difficulty finding safe and affordable housing
  • Once paroled, trouble finding gainful employment
  • Becoming ineligible for federal student funding
  • Loss of firearm rights
  • Temporary loss of voting rights
  • Difficulty traveling

Defending Murder Charges in Oakland, CA

Every murder charge is different. The approach that your homicide attorney will take varies depending on the facts of your case.

Here are some potential defenses that could be used:

Justifiable Homicide

Justifiable homicide claims that you acted in self-defense. To prove self-defense, your attorney must show that you used a reasonable use of force to resist a reasonable fear of bodily harm or death. Other elements that must exist include:

  • You cannot have instigated the situation that caused the threat in question
  • The degree of force used must have been proportional to the alleged threat
  • The action you took to the threat in question must have occurred before the threat of bodily harm or death had ended

California is a “stand your ground” state and does not require defendants arguing self-defense to retreat or attempt to avoid danger prior to resorting to the use of deadly force.

Other types of justifiable homicide include:

  • Battered woman syndrome – Women living in abusive relationships may use battered woman syndrome to explain the killing of their abusers.
  • Exercise of duty – Killings made by public officers or law-enforcement may be considered justified homicides if the death occurred without unlawful intent or in the exercise of duty.
  • Defense of others – This is used when one person defends another from harm when they believe that force was the only way to intervene.

The Insanity Defense

To use the insanity defense, your attorney must prove that:

  • You did not realize that you were committing an illegal or morally wrong act
  • You did not have the cognitive awareness needed to understand the act you were committing
  • You were suffering from certain conditions such as postpartum psychosis, hallucinogenic delusion, diminished capacity, or post-traumatic stress disorder (PTSD).

Although many view the insanity defense as an easy way out, nothing could be further from the truth. Individuals found guilty due to insanity may spend decades or the rest of their lives in an institution instead of a prison or being released back to the public.

A Crime of Passion

Also referred to as “heat of passion,” crimes of passion are not considered premeditated but are instead a spontaneous reaction to extreme emotional distress. This defense is only appropriate in cases where the murder is an immediate response to the threat in question and not as an act of revenge.

An example of a crime of passion could include a person shooting their spouse after finding their partner engaging in sexual acts with another person.

Your Oakland, California homicide attorney will carefully examine the evidence and details of your case to determine which defense strategy is most likely to result in an acquittal or favorable outcome in your case.

Charged with Murder in California? Call Morris Law P.C. Today

Being charged with murder is one of the most serious criminal accusations you can face. With your future and freedom on the line, you need an aggressive and experienced legal defense team. Attorney Seth Morris understands the gravity of your situation and is committed to achieving the best possible outcome in your case.

Call 510-225-9955 today or contact us to schedule an initial consultation.