Legal Question in Criminal Law in California

Does southern california accept self defense in a murder case? Will the jury have a choice whether or not to convict this person for life, the lethal injection or let them go with time served? Provided this person has never been in any trouble?


Asked on 8/15/12, 2:21 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Yes, self defense is a defense in a murder case. It can either beca complete defense or potentially reduce the charge down to manslaughter.

Only if this is a special circumstances case where the DA has elected to seek the death penalty will the jury be recommending a death sentence or not. The sentence in any case is ultimately up to the judge.

Bottom line - He needs a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

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Answered on 8/15/12, 7:25 am
Terry A. Nelson Nelson & Lawless

Yes, self defense is an argument available in any criminal case. But if you are trying to get someone to predict or tell you this particular defendant is going to be found 'not guilty'' or given less than the full sentence if convicted, you should be asking the defendant's lawyer. No one else knows the facts enough to predict, and even he shouldn't do so. If the defendant doesn't have an attorney, hire him one. If serious about doing so, feel free to contact me.

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Answered on 8/15/12, 11:11 am


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