Facing homicide or murder charges in San Bernardino County? This is the most serious moment of your life.
You need the most serious defense attorney available. Call now — every hour matters.
A homicide or murder charge is the most serious criminal accusation a person can face in California. The potential penalties — life in prison, life without the possibility of parole, or in capital cases the death penalty — mean that the quality of your defense attorney is not just important. It is everything. The difference between a conviction and an acquittal in a murder case is almost always the quality, preparation, and trial readiness of the defense lawyer standing next to you.
At The Smalls Firm, we have defended homicide and murder cases in San Bernardino County courts for over 20 years. We know the San Bernardino County District Attorney's homicide unit. We know the investigators, the forensic experts they rely on, and the arguments they make. We have been in this courthouse through thousands of cases, and we bring that accumulated knowledge and experience to bear in every homicide and murder defense we undertake.
Murder defense cases are built or lost in the weeks and months before trial. Evidence must be preserved immediately. Independent investigators must be deployed before witness memories fade and surveillance footage is overwritten. Forensic experts must be retained to challenge the prosecution's science. Constitutional violations in the investigation — illegal searches, coerced confessions, suggestive identification procedures — must be identified and litigated aggressively before a single witness takes the stand.
If you or a loved one has been arrested for homicide or murder in San Bernardino County, or if you believe you are under investigation, call The Smalls Firm immediately at (909) 501-6882. Do not speak to law enforcement without an attorney present. Do not attempt to explain your side of the story without counsel. Your right to remain silent is one of the most powerful tools available to you — and invoking it immediately is the single most important thing you can do right now.
If detectives have contacted you, left a card at your home, or asked you to come in for questioning about a homicide or death investigation, you are already a suspect. Do not go in voluntarily. Do not call them back without speaking to a murder defense lawyer first. Call The Smalls Firm at (909) 501-6882 right now — we can intervene before charges are filed and protect your rights from the very first moment of the investigation.
Every homicide case is different. The right defense strategy depends on the facts, the evidence, and the specific theory of the crime the prosecution intends to prove. Here are the primary defenses we build and deploy.
California law gives every person the right to use force — including deadly force — when they reasonably believe they or another person face imminent death or great bodily injury. A successful self-defense argument results in a complete acquittal. We investigate the full circumstances of every alleged homicide for evidence of threat, aggression by the victim, prior incidents of violence, and any other facts that support a self-defense narrative. We present that evidence powerfully to prosecutors first — and to juries if necessary.
Murder prosecutions rely heavily on forensic evidence — DNA, ballistics, fingerprints, digital records, cell phone location data, and eyewitness identification. None of these are infallible. We retain independent forensic experts in every applicable discipline to scrutinize the government's science. We have seen DNA labs make critical errors, ballistic analysts reach conclusions unsupported by the data, and eyewitnesses misidentify defendants with complete confidence. We challenge every link in the prosecution's evidence chain.
Homicide investigations are long, complex, and sometimes sloppy. Detectives conduct searches without proper warrants, obtain confessions through coercive interrogation tactics, and use identification procedures that are inherently suggestive. When law enforcement violates the Constitution in gathering evidence, that evidence can and should be suppressed — excluded from trial entirely. A single successful suppression motion can gut the prosecution's entire case. We investigate the investigation, looking for every constitutional violation from first contact to arrest.
If our client was not present at the scene of the crime, we build the most comprehensive alibi defense possible — collecting surveillance footage, phone records, witness statements, receipts, GPS data, and any other evidence that places our client somewhere else at the time of the killing. Alibi defenses require thorough investigation conducted early, before evidence is lost. We deploy investigators immediately upon retention specifically to identify and preserve alibi evidence before it disappears.
Not every homicide case ends at acquittal — but in many cases the difference between first degree murder and voluntary manslaughter, or between second degree murder and involuntary manslaughter, is the difference between life in prison and a sentence with the possibility of release. We fight to reduce charges wherever the facts support it — establishing heat of passion, imperfect self-defense, lack of premeditation, or absence of malice aforethought to bring the charge down to the lowest level the evidence supports.
California's felony murder rule and aiding and abetting laws have swept up defendants who did not personally kill anyone and had no intent for anyone to die. Following SB 1437, major participant liability for felony murder now requires proof of specific culpability — reckless indifference to human life while serving as a major participant in the underlying felony. We challenge these theories aggressively, distinguishing minor participants from those who bear genuine moral and legal responsibility for the death.
First degree murder in California requires proof of premeditation and deliberation — that the defendant thought about the killing in advance and made a considered decision to carry it out. The prosecution does not need to show days or weeks of planning; California courts have held that premeditation can form in an instant. First degree murder also includes killings committed by lying in wait, by poison, by explosive device, and certain types of torture murders.
The penalty for first degree murder is 25 years to life. Special circumstances — including murder for financial gain, murder of a peace officer, multiple murders, murder during a robbery, rape, or kidnapping, and numerous other aggravating factors — can elevate the sentence to life without the possibility of parole (LWOP) or, in qualifying cases, the death penalty. A first degree murder conviction is a strike offense and an aggravated felony with severe immigration consequences for non-citizens.
Second degree murder is an intentional killing that lacks the premeditation and deliberation required for first degree murder. It also includes killings that result from conduct that is inherently dangerous to human life performed with conscious disregard for life — sometimes called "implied malice" murder. Drive-by shootings into crowds, and killings that result from extreme recklessness, are frequently charged as second degree murder.
The base sentence for second degree murder is 15 years to life. Prior murder convictions, killing a peace officer, and other enhancements can significantly increase this baseline. Second degree murder is a violent felony and a strike offense under California's Three Strikes law, with all the associated sentence enhancement implications for any future convictions.
Voluntary manslaughter is the intentional killing of another person under circumstances that partially excuse the killing — specifically, in the heat of passion upon sudden provocation, or under a genuine but unreasonable belief in the need for self-defense (imperfect self-defense). It is not a complete defense but a reduction from murder that carries significantly lower sentences.
A voluntary manslaughter conviction carries 3, 6, or 11 years in state prison — compared to 15 or 25 years to life for murder. In many murder cases, successfully establishing heat of passion or imperfect self-defense is the most realistic path to a sentence that allows for eventual release. We pursue voluntary manslaughter reductions aggressively in every case where the facts support it.
Involuntary manslaughter applies when a death results from criminal negligence — a gross deviation from reasonable care — without any intent to kill. It also applies to deaths caused during the commission of a lawful act performed in an unlawful manner. Involuntary manslaughter is the least serious homicide charge, though a conviction still results in state prison time and a permanent felony record.
When a murder charge can be reduced to involuntary manslaughter, the difference in potential prison time is enormous — from 15 or 25 years to life down to a maximum of 4 years. We examine every murder and manslaughter case for arguments that distinguish intentional or reckless conduct from the criminal negligence standard that involuntary manslaughter requires.
Deaths caused by grossly negligent driving or DUI carry their own distinct charges under Penal Code 191.5. Gross vehicular manslaughter while intoxicated carries up to 10 years in state prison. However, defendants who have previously been convicted of DUI or warned about the dangers of drunk driving — the Watson advisement — can face second degree murder charges for a subsequent DUI death under the Watson Murder Rule.
DUI murder prosecutions are among the most aggressively pursued homicide cases in San Bernardino County. If you have a prior DUI and are now facing charges related to a fatal accident, you need an experienced homicide and DUI defense attorney immediately. The difference between a vehicular manslaughter charge and a murder charge is the difference between a decade in prison and life.
California's felony murder rule holds defendants responsible for deaths that occur during the commission of certain felonies — robbery, burglary, rape, carjacking, kidnapping, and others — even if they did not personally commit the killing and did not intend for anyone to die. Following Senate Bill 1437, major participant liability now requires proof that the defendant was a major participant in the underlying felony AND acted with reckless indifference to human life.
SB 1437 also created a resentencing petition process for defendants convicted of felony murder under the old, broader standard. If you or a loved one was convicted of felony murder prior to 2019, you may be eligible to petition for resentencing under the new, narrower standard. We handle SB 1437 resentencing petitions in addition to current felony murder defense.
Homicide cases are the longest, most complex criminal proceedings in the system. Understanding the process helps your family support you through every stage.
The first hours after an arrest are the most critical in any murder defense. We deploy investigators immediately to identify witnesses, locate surveillance footage before it is overwritten, document the scene, and preserve any evidence favorable to the defense. Simultaneously, we advise you and your family on your right to remain silent and ensure that no further statements are made to law enforcement without counsel present. Early intervention can be the difference between a case that is winnable and one that becomes unnecessarily difficult.
Murder charges in California are typically not eligible for bail under Penal Code 1270.5 when the prosecution presents "evident proof or strong presumption" of guilt with special circumstances alleged. However, in cases without special circumstances — second degree murder, manslaughter, and some first degree cases — bail is possible. We argue vigorously at arraignment for the lowest possible bail, presenting evidence of community ties, lack of flight risk, and mitigating factors. Getting you home during the pendency of your case gives us far more ability to prepare an effective defense.
At the preliminary hearing, the prosecution must demonstrate probable cause that a homicide occurred and that you committed it. This is one of the most strategically important hearings in the entire case. We cross-examine the prosecution's witnesses aggressively — locking them into testimony, exposing inconsistencies, and testing the strength of their evidence in detail. Many murder cases show significant weaknesses at the preliminary hearing that can be exploited throughout the rest of the proceedings.
Murder cases generate enormous amounts of discovery — autopsy reports, crime scene analysis, forensic lab results, cell phone records, social media records, financial records, and thousands of pages of police reports. We review every document and retain independent experts — forensic pathologists, DNA analysts, ballistics experts, digital forensics specialists — to challenge the government's science. We file comprehensive motions to suppress illegally obtained evidence, compel disclosure of favorable evidence, and exclude prejudicial evidence from trial. This phase is where murder cases are won or lost.
When the case goes to trial, every decision we have made in the preceding months comes to bear. Jury selection in a murder case is a science — we identify jurors who can evaluate evidence critically and hold the prosecution to its burden of proof. Our opening statement frames the defense narrative powerfully and plants the seeds of reasonable doubt. We cross-examine prosecution witnesses with precision, present our own evidence and experts, and deliver closing arguments that give jurors every reason to question the government's case. We have tried murder cases in San Bernardino County and we prepare for trial as if every homicide case is going to a jury — because sometimes it is the only path to justice.
Homicide and murder cases move fast and the decisions made in the first 48 hours can affect the outcome for years. Your consultation is 100% confidential — no cost, no obligation. Call us now.