Murder Defense Attorney in San Diego

Murder is a serious crime that can lead to life imprisonment and even the death penalty, depending upon the severity of the charge.

If you or a loved one is facing murder charges, it's crucial to acquire a murder defense lawyer's help without delay. At The Law Office of Marc S. Kohnen, we will analyze your case in complete confidentiality and devise defensive strategies to save you from the worst possible consequences.

Murder charges range from first-degree murder to second-degree murder. First-degree murder involves killing a human being willfully, with premeditation and deliberation — or by certain specified means, such as lying in wait or using poison. Second-degree murder still requires malice aforethought, but without premeditation: the classic example is an intentional killing decided on in the moment, or a death caused by an act so dangerous it shows a conscious disregard for human life. Both murder charges are strictly punishable by law.

While committing a crime, you can be charged with a homicide. So, even if that person does not die, you may end up facing criminal charges for attempted murder. Attempted murder often involves a specific intent and deliberate action to take the life of another human, but without success. Attempted murder carries 5, 7 or 9 years in state prison — or life with the possibility of parole if the attempt is found to be willful, deliberate and premeditated.

Murder Under California Penal Code 187

California's murder statute, Penal Code section 187, defines murder as the unlawful killing of a human being with malice aforethought. "Malice" does not mean hatred or spite — it is a legal term. Express malice means an intent to kill. Implied malice means you intentionally did something you knew was dangerous to human life and consciously disregarded that danger. Every murder prosecution rises or falls on whether the District Attorney can prove malice beyond a reasonable doubt, and that is precisely where a skilled defense attacks.

The felony-murder rule deserves special attention, because California law changed dramatically. Under Senate Bill 1437, which took effect in 2019, you can no longer be convicted of felony murder simply because someone died during a felony you participated in. Today the prosecution must prove that you were the actual killer, that you aided the killing with the intent to kill, or that you were a major participant in the underlying felony and acted with reckless indifference to human life. People convicted under the old, broader rule may even be able to petition for resentencing under Penal Code section 1172.6 — something worth discussing with Marc if it applies to you or a family member.

Penalties for PC 187 Murder in California

Penalties for first-degree murder start at 25 years to life in state prison. If the prosecution alleges and proves a special circumstance under Penal Code section 190.2 — such as murder for financial gain, murder of a police officer, or murder during a robbery or burglary — the sentence becomes life without the possibility of parole or, in the rarest cases, the death penalty. Second-degree murder carries 15 years to life.

Sentencing enhancements can stack decades on top of those numbers. If a firearm was used, Penal Code section 12022.53 adds 10 years for personal use of a gun, 20 years for firing it, and 25 years to life if the shot caused death or great bodily injury. Murder is also a strike under California's Three Strikes law and a violent felony, which sharply limits custody credits. In short, every allegation attached to the charging document matters, and each one is a separate fight your defense lawyer needs to be waging.

Defenses in a San Diego Murder Case

Convicting the accused of murder charges depends upon how the prosecution proves each element of the crime beyond a reasonable doubt. For that, the area of doubt lies upon whether a person actually committed the murder act and if the killing was unlawful. The prosecution also has to prove if the defendant acted with deliberate malice.

All these elements are difficult to disprove without gaining the help of an experienced murder defense attorney in San Diego. Marc Kohnen understands the stressful situation you and your loved ones face after being charged with murder.

Additionally, Marc understands the intricacies of law and how it applies to your specific case. That's why while defending your case, he will use defensive strategies that involve asserting if you acted in self-defense or defense of someone else. It might happen that law enforcement obtained evidence using illegal means, in which case it can turn the case in your favor.

We also evaluate if the killing amounts to a lesser form of homicide, for example, manslaughter. Heat of passion, adequate provocation, and "imperfect self-defense" — an honest but unreasonable belief that deadly force was necessary — can each reduce murder to voluntary manslaughter, cutting a life sentence down to a determinate term. Mistaken identification, unreliable jailhouse informants, and flawed forensic work are also recurring weaknesses in murder prosecutions that Marc and his investigators know how to expose.

These strategies are not hypothetical. Marc has won a not-guilty verdict at trial for a client charged with first-degree murder. In another first-degree murder case, he negotiated a plea to accessory after the fact with credit for time served, and in a second-degree murder case he secured a plea to involuntary manslaughter with probation. Every case turns on its own facts and no outcome can ever be promised — but you deserve a lawyer who has actually stood in front of a jury in a murder trial and won.

How Murder Cases Proceed in San Diego County

Murder prosecutions in San Diego are handled by experienced prosecutors, often from the District Attorney's homicide teams, and the government's investigation usually starts well before an arrest. After arrest, you must be arraigned promptly — typically at the downtown San Diego Superior Court — where the charges and enhancements are formally read. Bail in murder cases is either set extremely high or denied altogether, and the first appearances are where Marc begins fighting over custody status, discovery and the framing of the case.

A preliminary hearing follows, where a judge decides whether there is enough evidence to hold you for trial. Because murder cases are built on forensic evidence, cell-phone data, surveillance video and witness accounts gathered over months, the defense needs time and resources to test all of it — with its own experts, its own investigators and its own timeline of events. The single biggest mistake defendants make is talking to detectives before counsel is involved. Say nothing, and call a lawyer.

Speak Confidentially with a San Diego Murder Defense Lawyer

Facing a murder charge can be a life-wrenching experience. But you don't have to face it alone. If it's a question about your freedom and future, you shouldn't lose any more time. Instead, contact The Law Office of Marc S. Kohnen to talk with a skilled criminal defense attorney in San Diego, CA. Let us become your voice in court.