Nevada County Murder Lawyer

A murder conviction can result in the most serious penalties in Nevada County, including up to life in prison without parole. Although you will be offered a public defender, they likely won’t have much time to dedicate to your case. You need an experienced murder attorney in Nevada County who can build you the strongest defense possible.

Are you under investigation or accused of murder in Nevada County, CA? Call Walsh Law at (916) 610-3558 or use our contact form to schedule an initial consultation with a Nevada County murder lawyer.

Types of Murder Charges in Nevada County

In California, “murder” is defined by California Penal Code Section 187(a) PC as “the unlawful killing of a human being or fetus with malice aforethought.” There are different categories of murder in California, but they all involve malice aforethought.

What Is Malice Aforethought?

Malice aforethought is an important legal term in California’s murder definition, as it specifies the mental state required for a conviction. Simply put, it refers to the act of intentionally committing an act with an awareness of the high probability of harming or killing another person.

Malice aforethought may be express or implied. Express malice aforethought involves the direct and specific intent to kill another person. Implied malice demonstrates a conscious disregard for human life that is described as a “depraved heartlessness.” 

First-Degree Murder

Under California Penal Code Section 189 PC, first-degree murder is an unlawful killing that is willful, deliberate, and premeditated. Additionally, it is committed with malice aforethought. Determining whether a murder charge qualifies as first-degree often involves examining the circumstances surrounding the alleged crime, including the level of planning involved. The prosecution must show evidence of premeditation and deliberation to justify such a charge, which is a critical factor in court proceedings and can significantly influence the trial's outcome.

Capital Murder

Under California Penal Code Section 190.2 PC, capital murder is a type of first-degree murder that involves special circumstances spelled out in the code. Those circumstances include, but are not limited to:

• Killing for financial gain
• Killing more than one victim
• Killing a police officer
• Hate crimes
• Drive-by shootings
• Gang killings

To qualify for capital murder, additional proofs such as the motive for financial gain or evidence of targeting a specific group must be brought forth. The defense team needs to meticulously analyze the prosecution's presentation of these aggravating factors, as defeating or minimizing these allegations can be crucial in avoiding capital punishment.

Second-Degree Murder

Under California law, second-degree murder is any murder that is not first-degree murder. Second-degree murder requires malice aforethought but does not typically involve premeditation or deliberation. For example, a person may not have the intent to kill, but their actions may demonstrate a conscious disregard for human life. This may amount to second-degree murder.

Felony Murder

Felony murder is a type of murder that occurs during the commission or attempted commission of a qualifying felony that is the direct cause or natural consequence of death. Felony murder may be charged as first-degree murder or second-degree murder depending on the circumstances.

Qualifying felonies in a felony murder charge include, but are not limited to:

• Robbery
• Arson
• Burglary
• Kidnapping
• Rape
• Carjacking
• Torture
• Sodomy

You do not have to actually cause a death to be charged with felony murder. The prosecution must simply prove that death was a foreseeable result of the committed felony. 

Charges Related to Murder in Nevada County

Prosecutors will try to impose the greatest charges possible, even if a killing does not occur. They will also add on aggravating circumstances in an attempt to extend your sentence. Some offenses related to murder include:

• Attempted Murder: In California, attempted murder is defined under California Penal Code Section 664 PC in conjunction with California Penal Code Section 187 PC, which defines murder. It essentially means trying to kill someone without successfully doing so. It involves intent to kill, a direct (but unsuccessful) step, and malice aforethought.
• DUI Murder: This is a descriptive way to refer to second-degree murder charges stemming from a fatal DUI accident. It’s also called Watson murder, named after a landmark California Supreme Court case (People v. Watson) that established the possibility of charging DUI drivers with murder under certain conditions. This classification underscores the prosecutorial stance that drinking and driving actions exhibit a reckless disregard for human life.
• Street Gang Enhancement: In California, a “street gang enhancement” refers to additional prison time added to a sentence when someone is convicted of a crime in association with or to benefit a criminal gang. It can result in 15 years to life added to any base murder sentence.

Penalties for Murder in Nevada County

Nevada County prosecutors are harsh on murder. They seek the highest penalties possible and rarely accept a plea deal unless you have a solid defense. If convicted, you will face years in prison and many other consequences, including:

• First-Degree Murder: 25 years to life in state prison
• Capital Murder: life without the possibility of parole
• Second-Degree Murder: 15 years to life in state prison

There are aggravating factors that can extend your sentence, including gang enhancements, gun enhancements, prior murder convictions, and more. 

Other Collateral Consequences of a Murder Conviction

Even if you are eventually released from prison, your life will forever be changed after a murder conviction. The collateral consequences you may face include:

• Loss of civil rights (voting, gun possession, etc.)
• Difficulty obtaining and maintaining employment
• Difficulty finding safe housing
• Limitations on public benefits (food stamps, public housing, etc.)
• Immigration and citizenship issues
• Barriers to education and financial aid
• Loss and restriction of professional licenses
• Social stigma and discrimination

Defenses to Murder Charges in Nevada County

Just because you were charged with murder does not mean you have been convicted. You have a legal right to defend yourself. Nevada County murder lawyer Chris Walsh knows how the prosecution develops murder cases because he used to work for the other side. Now, he uses his knowledge to protect those who have been accused.

We may use one or more of the following defenses in your case:

Self-Defense or Defense of Others

California law allows you to use reasonable force to protect yourself and others from imminent threat of death or serious bodily harm. This can be used to potentially exonerate you or reduce your charges. Successfully arguing self-defense requires demonstrating immediate danger and a proportional response, often relying on eyewitness testimonies, character witnesses, and strategic reconstruction of events leading to the incident.

Accident

An “accident” defense in a murder case hinges on proving that the death occurred unintentionally and without criminal negligence. You must show there was no intent to kill, there was no recklessness, and a reasonable mistake was made. 

Not Guilty by Reason of Insanity

If you did not have the mental capacity to form intent to kill someone, then you may be able to use the insanity plea. This defense is extremely difficult to use and should be carefully crafted by an attorney. 

Murder FAQs

What is the difference between murder and manslaughter?

Murder involves malice aforethought, whereas manslaughter involves killings without malice. Voluntary manslaughter occurs during a sudden quarrel or in the heat of passion, while involuntary manslaughter typically results from reckless or negligent conduct without intent to kill.

Can someone be charged with murder even if they didn’t pull the trigger?

Yes. Under California’s “felony murder rule”, anyone involved in the commission of certain felonies (like robbery, burglary, or kidnapping) that results in a death can be charged with murder—even if they didn’t directly cause the death.

How does bail work in a Nevada County murder case?

Bail is typically not granted in murder cases, especially first-degree or capital murder. However, a skilled defense lawyer can file a motion for bail review under certain circumstances if the charge or evidence does not justify holding the defendant without bail.

What happens after an arrest for murder in Nevada County?

The accused is booked and formally charged by the Nevada County District Attorney’s Office. A preliminary hearing follows, where the judge decides if enough evidence exists for trial. If so, the case moves to the Nevada County Superior Court for trial.

Can murder charges be reduced to lesser offenses?

Yes. In some cases, effective negotiation or evidentiary challenges can result in reduced charges such as voluntary manslaughter or involuntary manslaughter, significantly lowering potential penalties.

Why is it important to hire a local Nevada County murder defense attorney?

Our team is familiar with Nevada County courts, judges, and prosecutors, and understands the unique procedures and tendencies in Grass Valley and the surrounding areas. This local insight can be crucial in building a tailored and effective defense strategy.

Get Help from a Nevada County Murder Lawyer

You shouldn’t be dealing with criminal charges alone. The experienced murder defense attorneys at Walsh Law know how to use California murder laws to support your case and get you the best outcome possible. The sooner you contact attorney Chris Walsh, the sooner you will have trusted representation by your side. Engaging legal assistance early in the process enhances opportunities for gathering critical evidence, exploring defense strategies, and ensuring your rights are staunchly defended from the moment charges are levied.

Call (916) 610-3558 today or use our online contact form to schedule a confidential and free initial consultation with a Nevada County murder attorney.