Legal Question in Criminal Law in California

my boyfriend was in a barfight (group of 5) while intoxicated, unfortunantly that lead to someone getting killed, he and someone else went to trial with the help of a public defender. at the end of trial they were automatically charged with murder with a sentence of 29 yrs to life. theres no physical evidence stating he (my boyfriend) murdered this person. should he be charged with murder or manslaughter? If manslaughter, will it be voluntary or involuntary? please help!


Asked on 6/19/11, 8:08 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The case is over, and your BF lost; he was already convicted of murder and sentenced to 29 to life.

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Answered on 6/19/11, 8:15 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Where one member of a group commits a crime it is often proper to charge and convict all members of the same crime. You haven't provided enough facts to say whether the result was proper here.

Please note that you're confused about some important procedural aspects of the case. For instance, charges are decided by prosecutors based upon the evidence and are always filed before trial, not after. Your claims that your boyfriend was "automatically charged with murder" and that it happened "at the end of trial" are not correct.

If the sentence was recent, there may still be time for your boyfriend to appeal his conviction and/or his sentence. Feel free to contact me directly if you want to discuss this option further. I am certified by the State Bar as a specialist in appeals, and I have many years of relevant experience.

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Answered on 6/20/11, 12:18 pm
Terry A. Nelson Nelson & Lawless

You complaining about what happened at trial is of no value to you or him. The facts are irrelevant now unless he has/had valid grounds for an appeal, then he could try to pursue that.

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Answered on 6/20/11, 12:39 pm


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