Los Angeles Murder Defense Attorney
Charged with Murder in Los Angeles? Protect Your Rights with an Experienced Defense Attorney
Facing a murder charge in Los Angeles is one of the most serious legal situations a person can encounter. Under California Penal Code 187 PC, murder is defined as the unlawful killing of another person with malice aforethought, meaning there was either an intent to kill or a reckless disregard for human life. A conviction can lead to life in prison without parole or, in special circumstances, the death penalty. Prosecutors aggressively pursue these cases, using every available resource to secure a conviction. If you have been accused of murder, you need an experienced criminal defense attorney who can challenge the state’s case, protect your rights, and fight for the best possible outcome.
Murder cases are often built on forensic evidence, witness testimony, and circumstantial proof, but not all evidence is reliable. False accusations, mistaken identity, and improperly obtained evidence can all play a role in wrongful charges. At The Law Offices of Arash Hashemi, we conduct a thorough investigation into every case, uncovering weaknesses in the prosecution’s arguments and filing pretrial motions to exclude unreliable or unlawfully obtained evidence. Depending on the facts, a strong defense can result in a case dismissal, dropped charges, or a not-guilty verdict at trial.
With over 20 years of experience, Attorney Arash Hashemi has defended clients facing murder charges and understands how to build a powerful defense strategy. If you or a family member has been charged with a homicide crime, call us for a free consultation. Los Angeles murder defense attorney Arash Hashemi is available to discuss your case and explain your legal options. Contact The Law Offices of Arash Hashemi at (310) 448-1529 to learn how we can begin fighting for you.
How to Fight a Murder Charge in California
Fighting a murder charge requires a strategic and aggressive defense that targets weaknesses in the prosecution’s case. Murder cases are often built on circumstantial evidence, unreliable witness testimony, or flawed forensic analysis, and exposing these issues can significantly impact the outcome. At The Law Offices of Arash Hashemi, we take a comprehensive and tailored approach to defending murder cases, ensuring that every legal avenue is explored.
Conducting a Thorough Investigation
A successful defense begins with a detailed investigation into the facts of the case. Attorney Hashemi works with private investigators, forensic experts, and medical professionals to analyze crime scene evidence, autopsy reports, ballistic tests, and witness statements. Identifying inconsistencies in the prosecution’s case or procedural violations by law enforcement can create opportunities to challenge the charges.
Filing Legal Motions to Dismiss Charges
Prosecutors often overcharge defendants in murder cases, filing multiple counts or pursuing first-degree murder when the evidence does not support it. When appropriate, we file motions to dismiss unwarranted charges, which can reduce the severity of the case or, in some instances, lead to a full dismissal. If the prosecution lacks sufficient evidence at the preliminary hearing or trial stage, we argue for charges to be dropped before trial.
Challenging the Prosecution’s Evidence
Many murder cases rely on questionable evidence, such as unreliable eyewitness testimony, coerced confessions, or misleading forensic reports. Attorney Hashemi carefully scrutinizes police reports, forensic findings, surveillance footage, and expert testimony to challenge weak or misleading evidence. If any evidence was obtained illegally, we file motions to suppress it, preventing it from being used against our clients.
Building a Strong Defense Strategy
Each murder case is different, and the best defense depends on the specific circumstances. Depending on the facts, we may argue self-defense, mistaken identity, lack of intent, or police misconduct. Presenting a compelling case to the jury—including expert testimony, witness statements, and alternative theories—can create reasonable doubt and significantly increase the chances of acquittal.
Defending Clients at Trial
While some cases can be resolved through negotiations or pretrial motions, others must go to trial. When necessary, Attorney Hashemi aggressively defends clients in court, cross-examining the prosecution’s witnesses, challenging forensic evidence, and presenting a well-structured defense. If the prosecution fails to prove guilt beyond a reasonable doubt, the law requires a not guilty verdict.
No two murder cases are alike, and having a Los Angeles murder defense attorney with a strong, well-prepared defense strategy can be the difference between a conviction and a reduced charge or acquittal. The sooner you seek legal representation, the better your chances of building a successful defense..
Penalties for Murder in California
California imposes severe penalties for murder convictions, with sentencing depending on the degree of the offense and any aggravating factors. Below are the potential prison terms for different types of murder under California law:
- First-Degree Murder (PC 187(a)): 25 years to life
- First-Degree Murder with Special Circumstances: Life without parole (LWOP) or the death penalty (execution currently under moratorium)
- Second-Degree Murder: 15 years to life
- Second-Degree Murder (Victim was a Peace Officer): 20 years to life
- Second-Degree Murder (Firearm Used): 25 years to life
- Felony Murder (PC 189): Life without parole if the killing occurred during certain felonies (e.g., robbery, kidnapping, rape)
- Felony Murder with Special Circumstances: Death penalty or life without parole
California’s Three Strikes Law also applies to murder convictions. If a defendant has two prior serious felony convictions, they may face enhanced sentencing, including life in prison without the possibility of parole.
Legal Defenses to a Murder Charge
Self-defense is one of the strongest arguments in a murder case. Under California law, a person is legally allowed to use deadly force if they reasonably believe they are in imminent danger of being killed or suffering serious bodily harm. If the defendant can prove that they acted out of necessity to protect themselves or another person, the killing may be considered justifiable, which could lead to an acquittal or case dismissal.
Lack of intent is another critical defense. Murder charges require the prosecution to prove malice aforethought, meaning the defendant must have acted with intent to kill or with reckless disregard for human life. If the death was accidental or resulted from negligence rather than intent, the charge may not meet the legal definition of murder and could be reduced to manslaughter or dismissed entirely.
Mistaken identity is a common defense, particularly in cases relying on eyewitness testimony or surveillance footage. Eyewitnesses can be unreliable, and factors like poor lighting, stress, or distance can lead to misidentifications. If the defense can provide alibi evidence or expose inconsistencies in the prosecution’s case, this may create reasonable doubt about the defendant’s involvement, potentially leading to a not-guilty verdict.
Mental illness or incapacity can also be a factor in certain cases. If the defendant was suffering from a severe mental disorder at the time of the incident and was unable to understand the nature of their actions, they may be eligible for an insanity defense under California law. A successful insanity plea may result in mental health treatment instead of a prison sentence.
Police misconduct, including coerced confessions, illegal searches, or violations of constitutional rights, can also be grounds for dismissing a murder charge. If law enforcement officers obtained evidence improperly, a defense attorney can file a motion to suppress that evidence. If key evidence is thrown out, it can significantly weaken the prosecution’s case and lead to a reduction or dismissal of charges.
Can a Murder Charge Be Reduced or Dismissed?
A Los Angeles murder defense attorney can, in some cases, negotiate a charge reduction or dismissal, depending on the circumstances and strength of the evidence. If the prosecution fails to prove malice aforethought or premeditation, the charge may be reduced to manslaughter or a lesser offense, significantly lowering potential penalties and avoiding a life sentence or the death penalty.
A dismissal may be possible if the case lacks sufficient evidence, involves constitutional violations, or if law enforcement engaged in misconduct. If evidence was obtained through illegal searches, coerced confessions, or unreliable witness testimony, a defense attorney can file a motion to dismiss before trial. Additionally, new evidence, witness recantations, or forensic testing can sometimes lead to a complete dismissal of charges.
Successful Case Results – Defending Murder & Attempted Murder Charges
Murder Charge Reduced – Sentence Significantly Lowered
Superior Court of California, City of Los Angeles
Charge: Murder (PC 187(a))
Our client was facing a murder charge under Penal Code 187(a) PC, with a potential sentence of 25 years to life in prison. The defense conducted a thorough investigation, presented a self-defense argument, and strategically challenged the prosecution’s claims. After extensive legal efforts, the District Attorney agreed to dismiss the murder charge. Instead, our client was allowed to plead to voluntary manslaughter (PC 192(a)), resulting in a significantly reduced sentence of six years. This outcome was based on an imperfect self-defense argument, which successfully mitigated the potential penalties.
📌 Case Result: Murder charge dismissed – Voluntary manslaughter plea with reduced sentence
Attempted Murder Charges Dismissed
Superior Court of California, City of Los Angeles
Charge: Attempted Murder (PC 664-187(a))
Our client was charged with attempted murder after an incident where they claimed self-defense. During the preliminary hearing, the court reviewed the defense’s arguments but initially questioned the proportionality of the force used. The prosecution then added an attempted voluntary manslaughter charge (PC 664-192(a)), along with a firearm enhancement, which could have dramatically increased the sentence.
Attorney Arash Hashemi filed a Penal Code 995 motion to challenge the charges. After extensive oral arguments, the court determined that our client had acted in self-defense, leading to a complete dismissal of all charges.
📌 Case Result: Attempted murder charges dismissed
Attempted Murder and Gang Enhancement Charges Reduced – Sentence Lowered
Superior Court of California, City of Pasadena
Charges: Attempted Murder (PC 664/187(a)), Assault With a Firearm (PC 245(a)(2)), Gang Enhancements (PC 186.22(1)(c))
Our client, along with three co-defendants, was charged with attempted murder, assault with a firearm, and gang enhancements—all carrying a potential sentence of 25 years to life in state prison. Over the course of a year and a half, our legal team conducted an extensive investigation, gathering evidence that proved our client was not directly involved in the offense.
As a result of our efforts, the prosecution significantly reduced the charges, and our client received a much lower sentence of six years in state prison, avoiding the life sentence initially faced.
📌 Case Result: Charges reduced – Sentence lowered to six years
Motion to Dismiss a Murder Case
In some murder cases, it may be possible to file a motion to dismiss before the trial begins. A successful motion can result in the reduction or complete dismissal of charges, preventing the case from moving forward. A motion to dismiss is typically based on legal deficiencies in the prosecution’s case, violations of constitutional rights, or a lack of sufficient evidence to support the charges.
Common Grounds for Dismissing a Murder Case
- Insufficient Evidence – The prosecution must present credible witnesses, forensic evidence, and direct proof-linking the defendant to the crime. If there is no physical evidence, unreliable testimony, or gaps in the prosecution’s case, the defense can argue that the charges should be dismissed due to lack of proof.
- Violation of Constitutional Rights – If law enforcement conducted an illegal search, obtained a coerced confession, or arrested the defendant without probable cause, any resulting evidence may be inadmissible in court. A successful motion to suppress illegally obtained evidence can significantly weaken the prosecution’s case and lead to a dismissal.
- Prosecutorial Misconduct – If the prosecution withheld exculpatory evidence, presented false information, or engaged in unethical conduct, the defense can argue that the defendant’s right to a fair trial has been violated. Courts take prosecutorial misconduct seriously and may dismiss the case if misconduct is proven.
- Self-Defense Justification – Under California’s self-defense laws, a person is legally justified in using deadly force if they reasonably believed they were in imminent danger of being killed or seriously injured. If strong evidence supports a self-defense claim, the defense may argue for a dismissal before trial.
How Attorney Hashemi Can Help with a Motion to Dismiss
At The Law Offices of Arash Hashemi, we carefully analyze every aspect of a murder case to determine whether a motion to dismiss is viable. Attorney Hashemi examines police reports, forensic evidence, and witness statements to identify weaknesses in the prosecution’s case. If a dismissal is possible, we aggressively pursue pretrial motions to exclude key evidence or challenge unlawfully obtained statements, significantly improving the chances of having the charges dropped.
If you or a loved one is facing murder charges in Los Angeles, filing a motion to dismiss could be a critical step in your defense. Contact our office today to discuss your legal options and begin building a strong defense strategy.
Contact a Los Angeles Murder Defense Attorney Today
When facing a murder charge, the most important decision you can make is choosing the right criminal defense attorney to represent you. A conviction for murder or attempted murder can result in life in prison without parole or even the death penalty, making it critical to have an experienced and dedicated attorney fighting for your future.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against murder, attempted murder, and other serious violent crime charges. Attorney Hashemi has successfully fought to have murder and attempted murder charges reduced or dismissed, using strategic defense tactics such as challenging unreliable evidence, filing dismissal motions, and aggressively defending clients at trial. Our firm devotes significant resources to each case, ensuring that no legal avenue is left unexplored in the fight for justice.
If you or a loved one is facing murder charges in Los Angeles, filing a motion to dismiss could be a critical step in your defense. Contact our Los Angeles murder defense attorney today to discuss your legal options and begin building a strong defense strategy.
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