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Man Faces Murder Charges for Shooting at Encino Party

Posted by Dan Kann | Dec 12, 2018 | 0 Comments

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Cesar Lozano, a 23-year-old man from Reseda, was taken into custody by the Los Angeles Police Department facing charges for the fatal shooting of Guillermo Hernandez.

ABC News 7 reported that Hernandez was attending a party on Sunday May 13, 2018 in Encino. According to witnesses, while at the party an argument began, and two people were shot. 28-year-old Hernandez what hit and killed. A 69-year-old man was also hit and taken to the hospital in critical condition.

The shooter fled the scene. Three days later, Police arrested Lozano as the suspect for Hernandez's death. He will likely face murder charges and his murder case with be presented to the DA soon.

Under California Penal Code Section 187, there are specific elements that the prosecution must prove before a person can be convicted of murder. Section 187 requires that the prosecution prove beyond a reasonable doubt, the standard in criminal cases, that the suspect killed a victim with malice aforethought. This means that the suspect intended to kill the victim and had thought about it and decided to commit the crime before it actually occurred. If the jury finds that the suspect premeditated the killing, he or she may be convicted of first degree murder.

Second degree murder involves malice, which means that the suspect willfully killed the victim, but the killing was not premeditated. Second degree murder charges are filed for “crimes of passion.” If there is no malice or premeditation, and it was not a crime of passion, the charge can often be reduced to voluntary or involuntary manslaughter.

Cases involving a murder accusation can be very complicated. If you are facing murder charges, it is important to speak with an experienced criminal defense attorney to begin defending of your rights and your liberty. At The Kann California Defense Group, our defense attorneys work to formulate an aggressive defense to get the best results possible and preserve your future. Contact us today for a free consultation.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

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