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Date: 08-18-2024
Case Style:
The People of the State of California v. Othman Almuttalaby
Case Number: CRI-17016426
Judge:
Court: Superior Court, San Francisco County, California
Plaintiff's Attorney: San Francisco County California District Attorney's Office
Defendant's Attorney:
Description:
San Francisco, California second-degree murder criminal defense lawyer represented the Defendant.
Othman Almuttalaby, 33, was accused of killing Keith Harris, 48, who was found November 2, 2017 on the floor of his apartment at 340 Hayes Street — two days after he'd last been seen alive.
Second-Degree Murder in California – Law & Penalties
In California, second-degree murder is the unlawful killing of a human being that is done with malice aforethought but without deliberation and premeditation. Put simply, second-degree murder is any murder that does not rise to the level of first-degree murder.
Examples of acts that constitute second-degree murder include:
shooting a gun into a crowded room and killing someone, where the shooter did not intend to kill. (This is also a violation of PC 246.3 PC, negligently discharging a firearm).
a person with multiple DUIs on their record driving drunk and causing an accident that kills someone else.
viciously sucker-punching a smaller and inebriated person when the punch causes the person to suffer a fatal head injury.
In contrast to second-degree murder, Penal Code 189 is the California statute that sets forth when a person can be charged with first-degree murder. According to this law, a prosecutor can charge first-degree murder when a person kills another by:
using a destructive device or explosive, a weapon of mass destruction, or poison,
by lying in wait,
by inflicting torture pursuant to Penal Code 206 PC,
by a willful, deliberate, and premeditated killing, or
committing felony-murder.
Note that in comparing second-degree murder and manslaughter, it is not necessary for a defendant to act with malice aforethought to be guilty of manslaughter. It is, though, for second-degree murder.
Second-degree murder is a felony offense in California (as opposed to a misdemeanor). The crime is punishable by a term in state prison for 15 years to life." Shouse California Law Group
Outcome: Defendant pleaded guilty and was sentenced to 15-years-to-life.
Plaintiff's Experts:
Defendant's Experts:
Comments: