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If you or a loved one has been arrested for any Homicide or Murder related offense you should definitely call our office.  Even before any questioning has happened.  You should seek representation as to what your options are, and what your defenses are before making a decision to speak to the police. 

Many people think that if they do not talk to the police that they could be in some type of trouble.  There still is a Constitution in this country and you can choose not to talk to the government in the form of the police if you choose to remain silent.   That silence cannot be used against you in a court of law period.

Also, when choosing a Homicide Attorney please hire an experienced Attorney.  Someone that has done Homicide cases.   In some of my earlier blogs I have discussed the defenses to Homicide.   Here, in this blog, I will be discussing just the different levels of Homicide. First, the most serious which could lead to the Death Penalty.  Again hiring the local DUI guy will not be good enough for Homicide representation, ask if the Attorney if they are death qualified, have done murder cases, how many Murder trials to verdict, how long have they been an Attorney.  These are the type of questions you should ask.


These are the most serious and can lead to the Death Penalty.  The prosecution does not always choose to seek the death penalty in a special circumstances case and may instead opt for a plea to life without the chance of parole.

To be found guilty of this type of murder.  You must not only be found guilty of Murder but the added special circumstances must be found true.  Such as Murder of  Police officer, Murder of more than one person etc. There are many more.


Is a Murder with Premiditation and Deliberation and done as a result of a rash impulse.


Second degree murder is a murder done with Malice.  either expressed through actions which show an intent to kill.  Such as shooting someone with a gun in the head at close range.

or an implied malice the physical part whch is doing an act inherently dangerous to human life, 2. the mental element which is acting in reckless disregard to that danger.

As to the Mansluaghter crimes there is a seperate blog dealing with the defenses to Homicide, if you have any qustions as to those defenses feel free to look at those blogs

or give us a call at 559 441-1418.  



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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418