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I will be doing a series of articles on the law of Homicide.  I will continue with the law of manslaughter and the absence of Malice defenses.  If you or a loved on has been arrested for any Homicide related case you should get an experienced Homicide Attorney.  I have tried more than a dozen Homicide cases including five first degree Murder cases.  This is not a crime where your local dui guy can handle give us a call. 559-441-1418.

Penal Code section 187 defines Murder is the unlawful killing of a human being by another or a fetus with malic of forethought. 


Capital Murder, First Degree Murder, and Second Degree Murder.  



PC 189 All murder which is perpetrated by means of a destructive device or explosive , a weapon of mass destruction, knowing use of ammunition designed primarliy to penetrate metal or armor, poison , lying in wait, torture, or by any other kind of willful deliberate and premiditated killing or which is committed in the perpetration of, or an attempt to perpetrate, arson, rape, carjacking, robberry,kidnapping, train robbery, carjacking and several other crimes.


Second degree Murder, is the unlawful killing of a human being with Malice of forethought.  but without the additional elements, such as willfullness deliberation and premeditation.  that would support a conviction of first degree murder. 

the  unalawful killing of a human being by another is the most serious crime in the penal code and has no statute of limitations.  The law is complex and very interesting.  we will discuss the defenses to these homicide crimes in later articles we will go through the homicide law and then the defenses and I will even discuss some of the many homicide cases that I have personally handled.  Some of which have garnered local, state, and even interanational press, due to the complexities of the cases and there newsworthiness. 

You can look at some of the press interviews regarding these cases on the in the news portion of the website.  There you will see how difficult and complex these cases can be.  You are in the right spot we can get your family member through this process, and have the wealth of experience from having been down this road and handled homicide and atttempted homicide cases in four different counties and having achieved aquitalls in willful premiditated first degree attempted murder case and first degree murder cases.   

The reason I do this job is to get families through the worst experiences of there lives with these type of charges and help them to the best of my abilities.   As stated above, I will go through the entire law of Homicide and Murder and then go through some of the defenses.  

Before I go further in that if you or a loved one are being investigated for Murder it is imperative that you get cases specific advice as soon as possible. Even if you feel that self defense is readily available as a defense you must speak with an Attorney as soon as possible before speaking with Law Enforcement.  If you speak with Law Enforcement first you must realize they are not your counsel they may not have your best interest in mind. They are not paid to be your counsel or Attorney they are paid to investigate crimes.  This includes if you are a witness to a Murder or a Homicide you should immediately seek experienced legal counsel to represent your interest. 

So if you have any questions after reading this article do not hesitate to 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