California Death Penalty
Prosecutors may seek the death penalty when a homicide is committed in conjunction with any number of aggravated circumstances, including:
- Perjury causing the execution of an innocent person
- For financial gain
- Murder by a defendant with a prior murder conviction
- Multiple murders
- Murder involving explosives
- To avoid arrest or detection
- Murder of a federal agent, police officer or firefighter
- Murder of a witness
- Murder of a prosecutor, judge or juror
- Heinous, atrocious or cruel murder
- Murder by laying in wait
- Hate crime murder
- Murder during the commission of a robbery, kidnapping, rape, sodomy or lascivious act
- Murder of a child under 14
- Murder by poisoning
- Murder resulting from a drive-by shooting
- Gang-related murder
Source: California Law
No criminal charge is more serious than the allegations that you willfully took the life of another human being. It is a crime of death, punishable by death or by decades behind bars.
Daniel E. Kann is a veteran Santa Clarita trial attorney representing clients facing murder or homicide charges.
Call our office immediately for a free consultation to discuss your rights. Attorney Kann will visit you in jail, will fight for reasonable bail and will begin aggressively building your case. Our office has the resources to thoroughly review evidence in your case, conduct an independent investigation, talk to witnesses, challenge evidence, seek a reduction or dismissal of the charges and build your case for trial.
Do not talk to anyone about your case. Too often, law enforcement (under pressure to solve a homicide) will prematurely make an arrest in an effort to get a defendant to confess. Do not take any deals – detectives are not empowered to make them. Anything said or done without a defense attorney present, and without a contract in writing, is nothing more than an empty promise.
Do not talk about your case in jail, to fellow inmates or to a family or friend on the telephone or in the visiting room. Do not write any letters detailing your case or asking friends or family for favors related to your case. In countless cases, from one end of the country to the other, a defendant has done the most damage after an arrest has been made – either by talking to law enforcement or by making statements to fellow inmates or loved ones on recorded phone calls.
Veteran Attorney Daniel E. Kann understands that representing a client facing murder or homicide charges is a deadly serious business and he knows what it takes to be successful in the negotiating room … and in the courtroom.
Murder in California is defined as causing the death of another with malice aforethought and is punishable by death or life in prison. To prove murder, prosecutors must prove you knowingly and intentionally meant to cause another person's death. Malice refers to meanness or hostile intent. The state must also prove that the murder was committed without justification or lawful excuse.
Whether a defendant is ever eligible for parole depends on whether a defendant is ever convicted of murder and whether the murder conviction is in the first-degree or second-degree. Additionally, whether or not any number of special circumstances are found to be true can also impact the length of sentence.
Having a knowledgeable, experienced and aggressive attorney is vital. Each and every one of the facts and circumstances of your case must be thoroughly investigated and challenged – frequently the difference between success and failure comes from challenging the district attorney's case at every front, and forcing a reduction in charges each time the state fails to meet its burden of proof.
Murder and homicide charges handled by The Law Offices of Daniel E. Kann include:
- Murder (PC 187)
- Capital Murder
- First-degree Murder
- Second-degree murder
- DUI Murder
- Voluntary Manslaughter (PC 192(a))
- Involuntary Manslaughter (PC 192(b))
- Vehicular Manslaughter (PC 191.5(b))
- Gross Vehicular Manslaughter (PC 191.5(a))
- Gross Manslaughter while Intoxicated (PC 191.5(a))
- Negligent Manslaughter while Intoxicated (PC 191.5(b))
If you are facing a murder or manslaughter charge, contact The Law Offices of Daniel E. Kann for a free and confidential appointment to discuss your rights.