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Murder and Homicide

Donte T Wyatt - 

  • What can your criminal attorney do with your homicide case? 

 


Murder
murder

Murder is one of the most complicated areas of law. Murder is the unlawful killing of a person with malice aforethought.

So what is Malice Aforethought?

Malice aforethought is doing an act with the intent to kill or doing a act which exhibits conscious disregard for human life. Conscious this regard for human life can be shown by a variety of ways. For example if a person fires a gun into a crowd of people, and they are not intending to kill anyone in particular they can still be charged with murder because the act of shooting into a crowd show reckless disregard for human life.

Murder Elements:
1. The defendant committed an act that caused the death of another person or a fetus;
AND
2. When the defendant acted, (he/she) had a state of mind called malice aforethought.

The defendant acted with express malice if (he/she) unlawfully intended to kill.

There are two kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.

The defendant acted with implied malice if:
1. (He/She) intentionally committed an act;
2. The natural and probable consequences of the act were dangerous to human life;
3. At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life;
AND
4. (He/She) deliberately acted with conscious disregard for Human or fetal life.


The defendant acted with express malice if (he/she) unlawfully intended to kill.

The defendant acted with implied malice if:
1. (He/She) intentionally committed an act;
2. The natural and probable consequences of the act were
dangerous to human life;
3. At the time (he/she) acted, (he/she) knew (his/her) act was
dangerous to human life;
AND
4. (He/She) deliberately acted with conscious disregard for human or fetal life

Malice aforethought does not require hatred or ill will toward the victim. It is a mental state that must be formed before the act that causes death is committed. It does not require deliberation or the passage of any particular period of time.


First Degree Murder vs. Second Degree Murder

All murders begin as second degree murder (except for felony murder and a few other exceptions) and they are elevated to First Degree Murder based on an additional element or act by the accused.

Deliberation and Premeditation

The defendant is guilty of first degree murder if the People have proved that (he/she) acted willfully, deliberately, and with premeditation. The defendant acted willfully if (he/she) intended to kill. The defendant acted deliberately if (he/she) carefully weighed
the considerations for and against (his/her) choice and, knowing the consequences, decided to kill. The defendant acted with premeditation if (he/she) decided to kill before completing the act[s] that caused death.

The length of time the person spends considering whether to kill does not alone determine whether the killing is deliberate and premeditated. The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances. A decision to kill made rashly, impulsively, or
without careful consideration is not deliberate and premeditated.

On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.

Lying in Wait
The defendant is guilty of first degree murder if the People have proved that the defendant murdered while lying in wait or immediately thereafter. The defendant murdered by lying in wait if:
1. (He/She) concealed (his/her) purpose from the person killed;
2. (He/She) waited and watched for an opportunity to act;
AND
3. Then, from a position of advantage, (he/she) intended to and did make a surprise attack on the person killed.

The lying in wait does not need to continue for any particular period of time, but its duration must be substantial enough to

Torture

If the murder is accomplished by torture. Torture is the infliction of Great Bodily Injury and or in the case of murder by torture, Death by means intended to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.

Destructive Device or Explosive
The defendant is guilty of first degree murder if the People have proved that the defendant murdered by using a destructive device or explosive.

An explosive is any substance, or combination of substances,
(1) whose main or common purpose is to detonate or rapidly combust
And
(2) which is capable of a relatively instantaneous or rapid release of gas and heat.

An explosive is also any substance whose main purpose is to be combined with other substances to create a new substance that can release gas and heat rapidly or relatively instantaneously.


If a person is charged with the crime of Murder it is essential that they quickly obtain an experienced criminal defense attorney that has experience handling these complicated case. When a murder has occurred law enforcement does a very detailed investigation and tries to find any and all evidence. Therefore, in homicide cases a criminal attorney will need to have experience dealing with DNA evidence, Fingerprint Evidence, Crime Scene Reconstruction, ballistics evidence and much more. Will the Attorney you hire have the experience needed to effectively defend your rights. Attorney Donte T. Wyatt has the experience needed to protect your rights if you are charged with murder.


Source: http://www.dontewyatt.com

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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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