Murder Defense in San Jose

California Murder Charges Under Penal Code Section 187

California Penal Code section 187 defines murder as the unlawful killing of a human being or fetus with malice aforethought, subject to statutory exceptions. Under Penal Code section 188, malice may be express, meaning a deliberate intent to kill, or implied from circumstances showing a conscious disregard for human life. It can’t be imputed solely from participation in a crime.

Penal Code section 189 identifies forms of first-degree murder, including willful, deliberate, and premeditated killings and certain felony murder circumstances. Other forms of murder are generally classified as second-degree murder. Penal Code section 190 generally provides a term of 25 years to life for first-degree murder and 15 years to life for second-degree murder. Enhancements, prior convictions, and special circumstances alleged and proven in a case can affect the potential sentence.

The classification ultimately depends on the prosecution’s theory and the admissible evidence. We examine those factors before developing a strategy tailored to the case.

Evidence & Legal Issues in a Murder Defense

No single defense applies to every homicide allegation. We focus on the prosecution’s burden, the reliability of its evidence, and the legal rules governing how that evidence was obtained and admitted.

Issues that may require detailed examination include:

• Intent: Whether the evidence establishes malice, premeditation, or a different mental state.
• Identity: Whether eyewitness accounts, identification procedures, digital records, or physical evidence reliably connect the accused to the incident.
• Causation: Whether the alleged act legally and factually caused the death.
• Self-defense: Whether the accused reasonably believed force was necessary to address an imminent threat. Imperfect self-defense, which involves an actual but unreasonable belief in that need, may affect the degree of the alleged offense in some cases.
• Forensic evidence: Whether DNA, fingerprints, firearms evidence, toxicology, medical records, or autopsy findings were properly collected, preserved, tested, and interpreted.
• Constitutional violations: Whether statements, searches, seizures, or identification procedures failed to comply with applicable legal requirements.

Felony murder and special-circumstance allegations require separate analysis because they involve distinct statutory elements. Nick Cvietkovich worked with the California Innocence Project and the Santa Clara County Public Defender’s Office during law school. That background reinforces the importance of testing how criminal evidence was collected, interpreted, and used.

What Happens After a Homicide Arrest

A felony case may proceed through arraignment, discovery, a preliminary hearing, pretrial motions, negotiations, and trial. The sequence depends on the charges and the current stage of the case. At a preliminary hearing, a judge determines whether sufficient evidence exists to require the accused to stand trial.

Early preparation may include reviewing charging documents, preserving records, identifying witnesses, examining discovery, and assessing the prosecution’s account of intent and causation. Our trial-experienced attorneys prepare for immediate hearings while evaluating the evidentiary and legal issues that could shape later proceedings.

Family members should avoid discussing sensitive facts on recorded jail calls or speaking with investigators before receiving legal guidance. They also shouldn’t post details publicly or alter, conceal, or destroy potentially relevant information.

Nick Cvietkovich Has Handled Over 3,000 Cases

We tailor our representation to each client’s circumstances, priorities, and stage of the proceedings. We listen closely, explain the available options, and prepare for litigation without promising a particular result.

Nick Cvietkovich founded our firm after criminal defense work involving juvenile court, driving under the influence cases, major felonies, and strike cases. His education at Santa Clara University and Santa Clara University School of Law gives him a longstanding connection to the local legal community. His Jesuit education also shaped his commitment to serving clients through difficult circumstances.

San Jose Murder Cases in Santa Clara County Courts

The Criminal Division of the Santa Clara County Superior Court handles matters ranging from misdemeanors to charges as serious as murder. The Hall of Justice is one of the county’s criminal courthouses, although proceedings may occur elsewhere depending on the case.

We represent clients throughout the area. For each case, we account for the assigned courthouse, applicable procedures, hearing schedule, and current stage of the prosecution when preparing for what comes next.

When to Contact a Murder Defense Attorney

Contact counsel promptly after an arrest, search, interview request, charging notice, or communication from investigators about a suspected homicide. You don’t need to wait for formal charges before seeking legal advice.

Information that can help begin the review includes:

• Charging documents, warrants, or release conditions
• Upcoming court dates and hearing notices
• Prior communications with attorneys or investigators
• Names of people who may have relevant information
• Available records connected to the incident or timeline

A consultation gives you an opportunity to explain the situation and learn what information we need to assess the next steps. It doesn’t establish a strategy before we review the facts and applicable law.