Defense to Murder

Experienced California Criminal Defense Lawyers

If you or a loved one is facing a murder charge or investigation in California, our law firm is here to support and represent you. Murder charges frequently arise in situations where the alleged victim was actually the initial aggressor (for example, an abusive spouse or dating partner) and our client was merely defending his or her life or that of their children.

When a wife is confronted with an accusation that she murdered her spouse, there are complexities involved in what is known as a "battered wife syndrome" case or "battered person syndrome," in the case of a man. Our homicide defense attorneys understand the gravity of a murder charge and are willing to fight tooth and nail to obtain a positive resolution for your case.

Understanding Defense to Murder Defense

Murder cases are not always as black and white as they may seem. Where the defendant is a spouse whose mental state was “scarred” by emotional and physical abuse perpetrated over a protracted period of time by their spouse (the homicide victim), our battered wife syndrome attorneys may introduce evidence of “battered wife syndrome” by putting on the testimony of an expert (e.g., psychologist who evaluated the defendant).

Murder in Self-Defense Cases

In a California murder trial, the court must issue a jury instruction for self-defense when “it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant’s theory of the case.”

If you are being prosecuted for murder, the jury may find you “not guilty” or murder (i.e., that you acted in self-defense) if:

• You reasonably believed that you were in imminent danger of being killed or of suffering great bodily injury;
• You reasonably believed that the immediate use of deadly force was needed to defend yourself; and
• You used that force necessary to defend yourself.