Homicide Attorney in Oakland
Direct Representation for Murder, Manslaughter & Attempted Murder Charges in Alameda County
Homicide is a broad legal category under California law, covering violent crime charges including first-degree murder, second-degree murder, voluntary and involuntary manslaughter, vehicular manslaughter, and attempted murder. Each charge carries distinct penalties and demands a different defense approach. A conviction can mean decades in state prison or life imprisonment. When you’re facing charges this serious, who handles your case matters as much as how it’s handled.
At Demetrius Costy Law, Attorney Demetrius Costy defends clients charged with homicide offenses in Oakland and throughout Alameda County. With more than 25 years of criminal defense experience in these courts, he personally handles every case from the first phone call through every court appearance. No hand-offs, no rotating associates.
If you or someone you care about is facing a homicide charge, don’t wait. Call us at (510) 254-3945 for a free consultation. Same-day appointments are available, and we’re reachable 24/7 for urgent situations.
Homicide Charges Under California Law
California law draws sharp distinctions between homicide offenses, and those distinctions directly affect strategy, exposure, and potential outcomes. Understanding what you’re actually charged with is the first step.
Murder
Under California Penal Code Section 187, murder is the unlawful killing of a human being with malice aforethought. Malice can be express, meaning a deliberate intent to kill, or implied, meaning a conscious disregard for human life. First-degree murder under Penal Code Section 189 requires premeditation or a killing that occurs during specific felonies such as robbery, burglary, rape, or arson. It carries 25 years to life in state prison. Second-degree murder covers any malice killing that doesn’t meet the first-degree standard and carries 15 years to life.
The felony murder rule gives prosecutors a separate avenue to charge murder when a death occurs during a qualifying felony, even when no one intended to kill. Every participant in the underlying offense can face exposure under this doctrine.
Manslaughter
Voluntary manslaughter under Penal Code Section 192(a) is an intentional killing without malice, typically when someone acts in the heat of passion after a sudden quarrel. The sentencing range is 3, 6, or 11 years in state prison. Involuntary manslaughter under Section 192(b) involves an unintentional killing through criminal negligence or an unlawful act that doesn’t amount to a felony. Vehicular manslaughter under Section 192(c) applies when a death results from unlawful or negligent driving, with charges ranging from misdemeanor to felony depending on whether gross negligence was involved.
Attempted Murder
Attempted murder requires evidence of intent to kill and a direct act taken toward carrying it out, regardless of whether anyone was injured. A first-degree attempted murder conviction carries life imprisonment with the possibility of parole.
How We Build a Homicide Defense
Homicide prosecutions rely on layers of evidence: forensic testing, autopsy findings, surveillance footage, cell phone location data, eyewitness accounts, statements made to law enforcement, and digital communications. Every one of those sources is subject to challenge. We start reviewing evidence at the earliest possible stage, looking for investigative errors, unreliable witnesses, and constitutional violations that could support a suppression motion.
Suppression Motions & Constitutional Challenges
A suppression motion asks the court to exclude evidence obtained through an unlawful search or seizure under the Fourth Amendment. When it succeeds, it can significantly weaken the prosecution’s case before trial ever begins.
Complete Defenses We Evaluate
We also evaluate whether the facts support a complete defense. California Penal Code Section 197 recognizes justifiable homicide when a person acts on a reasonable belief of imminent death or great bodily injury. Section 198.5, California’s castle doctrine, presumes that fear was reasonable when an intruder forcibly enters a home. Other defenses we examine include lack of intent or malice, accidental death, mistaken identity, duress, and the sufficiency of the evidence itself.
How Thorough Preparation Shapes Results
Preparation at the earliest stage can change the direction of a case. In one high-stakes matter, we convinced the court at the preliminary hearing that insufficient evidence existed to proceed on a second-degree murder charge involving a DUI (Watson murder theory), and the charge was dismissed. That outcome reflects an approach, not a guarantee, but it shows what detailed investigation and early action can do.
What Happens After a Homicide Arrest in Oakland
After an arrest, the defendant is brought before Alameda County Superior Court for arraignment, where charges are formally presented and the court addresses bail or detention. Felony homicide matters are heard at the René C. Davidson Courthouse in Oakland. Prosecutors in serious cases routinely argue for the defendant to remain in custody, and we can contest that at arraignment. What happens in those first appearances shapes the entire trajectory of the case.
Homicide investigations frequently involve search warrants, extended interrogations, and digital evidence collection. Constitutional violations during this phase can be challenged through pretrial motions, and the sooner we’re involved, the more options we can protect. Attorney Costy is available around the clock for exactly this reason. We return calls quickly, even in the middle of the night, and explain each stage of the process in plain language so you know what to expect and why.
Why Oakland Clients Choose Demetrius Costy Law for Homicide Defense
Facing a homicide charge is disorienting. The process is long, the stakes are severe, and many firms respond by assigning cases to whoever is available. We don’t work that way. Attorney Costy handles every case directly, stays present through long and unpredictable court days, and helps clients avoid feeling passed off or left guessing.
What clients consistently tell us matters most:
- Direct attorney access from the first call through sentencing or verdict, with no rotating team members
- More than 25 years of criminal defense experience in Oakland and Alameda County courts
- Honest communication from the start, with realistic expectations and clear explanations of strategy
- Thorough preparation that examines every piece of evidence and every legal option before a hearing
- Compassionate representation that treats clients and their families with care rather than judgment
- Fair fees and payment flexibility that make serious representation reachable during a crisis
Talk to an Oakland Homicide Lawyer Today
The decisions made in the days and weeks after a homicide arrest can affect every stage of a case. Early representation preserves options that may not be available later. We offer free consultations and same-day appointments, and Attorney Costy is available 24/7 for urgent situations.
Call (510) 254-3945 or contact Demetrius Costy Law to discuss your case directly with Attorney Costy, not a staff member or associate.