California Criminal Defense Lawyer Blog
An Anaheim woman and a Laguna Niguel man, brother and sister, were arrested by Santa Ana Police this month for a murder and robbery that happened in June of 2000. The brother and sister are being charged with Murder and use of a firearm with enhancements special circumstances of robbery, kidnapping and burglary.
The two Orange County California siblings are being accused of killing a man after robbing his family at their home in Santa Ana, California. The couple allegedly tied up the man and his four family members. After demanding jewelry and money they shot the victim, a former security guard, when he tried to get loose.
California has what’s known as the California Felony Murder Rule. Any one who kills another person during the commission of another felony can be charged with 1st or 2nd degree murder. So, even though these two individuals did not intend on killing the man when they enter his home to rob him, they can still be charged with 1st degree murder. In this case, these two are facing the possibility of life in prison. The sentence for 1st degree murder is 25 years to life. If a firearm is used, an additional 10, 20 or 25 years can be added on. There is also the enhancement charges of kidnapping.
Kidnapping is defined as the use of force or fear to take a person, hold or detain another person. The sentence for kidnapping is up to 8 years or more if the victim(s) were injured or abused, if the victim(s) was a child or if the kidnapping was done to facilitate another crime.
Fortunately, there are legal defenses to murder and kidnapping. These two individuals will need a good criminal defense attorney who is familiar with the legal defenses of murder as well as the Orange County California Courts. Some legal defenses to consider are mistaken identity, insanity, false coerced confessions and evidence obtained illegally. A criminal defense attorney should always look closely at the police/investigative procedures for police misconduct and the possibility that the accused’s rights were violated with illegal search and seizure and/or coercing confessions.
If you would like to know more about Murder, Robbery or Kidnapping, contact Orange County Criminal Defense Attorney William M. Weinberg at 949-474-8008 in his Irvine, California Office or at www.bill@williamweinberg.com.