When you are accused of murder, manslaughter, attempted murder, robbery, or another violent felony, your freedom and future may depend on the defense developed from the earliest stages of the case.
These prosecutions often involve extensive investigations, forensic evidence, multiple witnesses, expert testimony, digital evidence, and potentially severe sentencing consequences.
They demand careful preparation.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience defending people accused of criminal offenses throughout Fresno and Central California, including serious felony and homicide cases.
Violent Crime Charges We Defend
Our office can represent clients facing allegations involving:
- Murder
- Homicide
- Manslaughter
- Attempted murder
- Assault with a deadly weapon
- Aggravated assault
- Robbery
- Carjacking
- Kidnapping
- Firearm-related violent offenses
- Gang-related allegations
- Great bodily injury allegations
- Other serious and violent felonies
The potential punishment depends on the exact offense, alleged circumstances, prior criminal history, enhancements, and other factors.
Murder and Homicide Charges in California
California Penal Code § 187 defines murder as the unlawful killing of a human being, or fetus, with malice aforethought, subject to exceptions contained in the statute.
Not every unlawful killing, however, constitutes murder.
California law recognizes different homicide offenses and theories of criminal liability. The distinction between murder, manslaughter, justifiable homicide, and other potential outcomes can depend on intent, circumstances, provocation, self-defense, and the evidence surrounding the death.
For that reason, a homicide defense requires far more than simply reviewing the police report.
Manslaughter
California law also recognizes forms of manslaughter, including voluntary and involuntary manslaughter.
In some homicide cases, one of the central disputes is not whether a death occurred but the defendant’s state of mind and the circumstances leading to it.
Those distinctions can dramatically change the nature of the case and its potential consequences.
Self-Defense and Defense of Others
California law permits a person to defend against an imminent threat under appropriate circumstances.
In a violent-crime or homicide prosecution, the defense may examine:
- Who initiated the confrontation
- Threats made before the incident
- Whether weapons were present
- Differences in size or physical ability
- The defendant’s knowledge of the alleged aggressor
- Witness accounts
- Video evidence
- Injuries suffered by the defendant
- Whether the defendant reasonably perceived an imminent threat
Self-defense cases are highly dependent on context. A few seconds of video or an isolated witness statement may not explain everything that occurred before force was used.
Forensic Evidence in Serious Felony Cases
Violent-crime investigations may involve:
- DNA
- Fingerprints
- Firearm and ballistic evidence
- Autopsy findings
- Blood evidence
- Surveillance footage
- Cellphone records
- Location information
- Social-media evidence
- Text messages
- Recorded interviews
- Eyewitness identification
The existence of forensic evidence does not automatically establish guilt. The defense must examine how evidence was collected, tested, interpreted, preserved, and connected to the accused.
Eyewitness Identification
Witnesses can be mistaken.
Lighting, distance, stress, intoxication, brief exposure, suggestive identification procedures, and the passage of time can all affect memory.
When identity is disputed, the defense should carefully examine how a witness initially described the suspect and how any later identification was obtained.
Statements to Police
Statements made during a serious criminal investigation can become a major part of the prosecution’s case.
People sometimes believe they can explain their way out of suspicion by agreeing to an interview. But investigators may already possess evidence or statements from other witnesses that the person being questioned has never seen.
If police want to question you about a homicide or serious violent crime, you have the right to remain silent and to speak with an attorney.
Building the Defense
Potential defenses and challenges may involve:
- Self-defense
- Defense of another person
- Mistaken identity
- Lack of intent
- Insufficient evidence
- Unreliable witnesses
- False or inconsistent statements
- Problems with forensic evidence
- Illegal searches or seizures
- Improper interrogation
- Challenges to firearm or sentencing enhancements
- Whether the evidence supports a lesser offense rather than the charge filed
Every serious felony case requires an individualized defense based on its actual evidence.
Fresno Murder and Violent Crimes Defense Attorney
A homicide or violent-felony prosecution is not a case to approach casually. The investigation should begin as early as possible, particularly when witnesses, video, digital evidence, or physical evidence may need to be preserved.
Gregory W. Fox personally handles his clients’ criminal cases, from reviewing the evidence and developing the defense strategy through negotiations and courtroom representation.
If you or a family member has been arrested or is under investigation for murder, manslaughter, attempted murder, or another serious violent crime in Fresno or Central California, call (559) 222-5800 to request a consultation.