Homicide

homicideLos Angeles Homicide Crimes Defense Lawyer - Penal Code 187 PC

A person charged with homicide faces a significant amount of time in custody, and in the case of murder, the possibility of never being released from custody. In the extreme case of capital murder, they face being sentenced to death.

There are several types of homicide, ranging from manslaughter to capital murder. In some cases, with the assistance of a very skilled defense attorney with significant resources, a murder case could be reduced to manslaughter, or even dismissed due to legal defenses.

Homicide Charges Defined

Homicide is the killing of one human being by another, either lawfully or unlawfully. Homicide includes both murder and manslaughter. A killing is lawful if it is done with justification or as a defense to oneself or another person's imminent threat of being killed.

Murder is defined as the unlawful and unjustified killing of another human being with malice aforethought (Penal Code Section 187). "Malice aforethought" is defined as an intention to unlawfully kill a human being. That intention can be either express (such as pulling out a gun and pointing at a person and pulling the trigger after making a statement that they are going to kill the person) or implied by the actions.

Watson Murder is when a person drives a motor vehicle and has previously had either a DUI or a very bad driving record and then subsequently drives and is either DUI, or violating some other code section, and kills another person. Because the driver is considered to have knowledge of their lack of ability to safely drive, the death is considered to be implied malice murder.

Manslaughter is the unlawful killing of a human being without malice aforethought (Penal Code Section192 PC). Manslaughter may be voluntary or involuntary. Essentially, the difference between manslaughter and murder is that manslaughter was the result of an accident, heat of passion, or some other act in which the person does not have the mental state to commit a murder.

Vehicular Manslaughter occurs when a person drives a vehicle and unintentionally but unlawfully kills another human being. This occurs when the owner knows that there is a defect in the vehicle but still drives and someone is killed as a result of the defect in the vehicle.

Voluntary Manslaughter - Penal Code 192(a) PC occurs when a person kills another in the heat of passion, without planning beforehand. The classical example is when a person finds their spouse having sex with another person and reacts immediately by killing.

Involuntary Manslaughter - Penal Code 192(b) PC also known as criminally negligent homicide, occurs when a death is an indirect result of recklessness or negligence. This occurs when a person runs a red light and hits another vehicle and a person is killed.

If you have been charged with a homicide offense in Los Angeles, Riverside, San Bernardino, or Orange County, it is important that you seek the services of a criminal defense attorney with extensive experience with all types of homicide cases. If you have been arrested for a homicide case in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.

For more information about the various ways to handle a homicide case, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.