Criminal Defense Lawyers

Watson Murder – DUI Causing Death in California

At Spodek Law Group, we understand how devastating a DUI accident resulting in death can be for everyone involved. If you’re facing potential Watson murder charges after a fatal DUI crash in California, you’re likely feeling overwhelmed, scared, and unsure of what to do next. We’re here to help guide you through this difficult situation and fight for your rights.

What is Watson Murder?

Watson murder, also known as DUI murder, is a form of second-degree murder that can be charged in California when someone with a prior DUI conviction causes a fatal accident while driving under the influence. The name comes from a 1981 California Supreme Court case, People v. Watson, which established that a DUI driver who causes a death can be convicted of murder if they acted with “implied malice.”Essentially, Watson murder allows prosecutors to charge what would normally be vehicular manslaughter while intoxicated as second-degree murder instead. This significantly increases the potential penalties if convicted.

Key Elements of Watson Murder

For the prosecution to prove Watson murder, they must establish the following elements beyond a reasonable doubt:

1. The defendant drove a vehicle while under the influence of alcohol and/or drugs
2. The defendant committed an intentional act that caused the death of another person
3. The defendant acted with implied malice

That third element – implied malice – is critical in Watson murder cases. Implied malice means the defendant:

• Intentionally committed an act (driving under the influence)
• Knew the act was dangerous to human life
• Deliberately acted with conscious disregard for human life

Prosecutors don’t have to prove the defendant intended to kill anyone. They just need to show the defendant knew driving drunk was dangerous but chose to do it anyway.

When Can Watson Murder Be Charged?

Not every DUI fatality will result in Watson murder charges. Typically, prosecutors reserve this charge for cases with certain aggravating factors, such as:

• The defendant has prior DUI convictions
• The defendant’s blood alcohol content was extremely high
• The defendant was driving recklessly or at excessive speeds
• The defendant fled the scene of the accident
• The defendant ignored warnings not to drive

Having prior DUI convictions is especially significant. When someone pleads guilty to a DUI in California, they receive what’s called a “Watson admonition.” This formally warns them that if they drive drunk again and kill someone, they can be charged with murder.If you have a prior DUI and received this warning, it makes it much easier for prosecutors to prove implied malice in a subsequent fatal DUI crash. They can argue you were fully aware of the dangers but chose to drive drunk anyway.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Penalties for Watson Murder

Watson murder is an extremely serious charge that carries severe penalties if convicted. As a form of second-degree murder, it’s punishable by:

• 15 years to life in state prison
• A fine of up to $10,000
• A strike under California’s Three Strikes law

Additionally, a Watson murder conviction counts as a violent felony. This means you would have to serve at least 85% of your sentence before being eligible for parole.Compare this to the penalties for gross vehicular manslaughter while intoxicated, which is typically charged in fatal DUI cases:

• 4, 6, or 10 years in state prison
• A fine of up to $10,000

As you can see, the potential prison sentence for Watson murder is significantly longer. That’s why it’s crucial to have an experienced DUI defense attorney on your side if you’re facing these charges.

Defenses Against Watson Murder Charges

While Watson murder is a very serious charge, there are several potential defenses we can explore depending on the specific circumstances of your case:

Lack of Impairment

If we can show you weren’t actually impaired by alcohol or drugs at the time of the accident, that undermines a key element of the Watson murder charge. We may be able to challenge the accuracy of blood alcohol tests or argue that other factors like fatigue or medical conditions caused the crash.

No Implied Malice

Remember, prosecutors have to prove you acted with implied malice – that you knew driving drunk was dangerous but did it anyway. If you have no prior DUIs or didn’t receive a Watson admonition, we can argue you weren’t fully aware of the risks.

Causation Issues

We may be able to show that your intoxication wasn’t actually the cause of the accident. Perhaps road conditions, vehicle malfunctions, or the actions of other drivers were truly responsible for the fatality.

Involuntary Intoxication

If someone drugged you without your knowledge or you took medication not realizing it would impair you, that could be a valid defense against the implied malice element.

Necessity

In rare cases, we may be able to argue you drove under the influence out of necessity to avoid a greater harm. For example, if you were fleeing from a dangerous situation.

Miranda Rights Violations

If police failed to properly advise you of your Miranda rights before questioning, we may be able to get incriminating statements thrown out as evidence.These are just some of the potential defenses we can explore. Every case is unique, which is why it’s so important to have skilled legal representation to thoroughly investigate all possible angles.

Why Choose Spodek Law Group?

If you’re facing potential Watson murder charges, you need an experienced DUI defense team on your side. At Spodek Law Group, we have a proven track record of successfully defending clients against serious DUI charges, including Watson murder.Here’s why we’re uniquely qualified to handle your case:

• Extensive DUI experience: Our attorneys have handled thousands of DUI cases, including those involving fatalities. We know the ins and outs of DUI law and how to build strong defenses.
• Former prosecutors on staff: Several of our attorneys previously worked as prosecutors. We understand how the other side thinks and can anticipate their strategies.
• Aggressive advocacy: We fight tirelessly for our clients, leaving no stone unturned in building the strongest possible defense.
• Compassionate approach: We understand how stressful this situation is. Our team provides caring, personalized support throughout the legal process.
• Track record of success: We’ve achieved favorable outcomes for many clients facing serious DUI charges, including charge reductions and case dismissals.

Don’t face Watson murder charges alone. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation about your case. We’re available 24/7 to take your call and start building your defense.

The Watson Murder Trial Process

If you’re charged with Watson murder, it’s important to understand what to expect during the trial process. Here’s an overview of the key stages:

1. Arraignment

This is your first court appearance where the charges are formally read and you enter an initial plea (typically not guilty). Bail may also be set at this time.

2. Pretrial Proceedings

This phase involves:

• Discovery: Exchanging evidence with the prosecution
• Filing pretrial motions (e.g. to suppress evidence)
• Plea bargain negotiations

3. Preliminary Hearing

The prosecution must show there’s enough evidence to proceed to trial. This is like a mini-trial where the judge determines if there’s probable cause.

4. Trial

If the case proceeds to trial, key stages include:

• Jury selection
• Opening statements
• Presentation of evidence
• Closing arguments
• Jury deliberation and verdict

5. Sentencing

If convicted, a separate hearing is held to determine the sentence.Throughout this process, we’ll be by your side, fighting to protect your rights and achieve the best possible outcome. We have extensive experience navigating DUI murder trials and know how to build compelling defenses.

Frequently Asked Questions About Watson Murder

At Spodek Law Group, we often get questions from clients facing potential Watson murder charges. Here are answers to some common ones:Q: Can I be charged with Watson murder if it’s my first DUI?A: While it’s possible, it’s less common. Watson murder charges typically involve defendants with prior DUIs who received a Watson admonition. However, if there are other aggravating factors like extreme recklessness, prosecutors may still pursue this charge.Q: What’s the difference between Watson murder and vehicular manslaughter?A: The key difference is the mental state required. Vehicular manslaughter while intoxicated requires gross negligence, while Watson murder requires implied malice – a higher standard involving conscious disregard for human life.Q: Can I get probation for Watson murder?A: Probation is not typically available for Watson murder convictions. The minimum sentence is 15 years to life in prison. That’s why it’s crucial to fight these charges aggressively.Q: Should I talk to the police if I’m arrested for DUI involving a death?A: We strongly advise against speaking to police without an attorney present. Anything you say can be used against you. Politely decline to answer questions and contact us immediately.Q: How long do I have to file an appeal if convicted?A: In California, you generally have 60 days from the date of sentencing to file a notice of appeal in a criminal case. However, it’s best to start the appeals process as soon as possible.Remember, every case is unique. For specific advice about your situation, contact us for a free consultation.

The Importance of Acting Quickly

If you’re facing potential Watson murder charges, time is of the essence. The sooner you get experienced legal representation, the better your chances of a favorable outcome. Here’s why:

• Evidence preservation: Critical evidence can disappear quickly after an accident. We need to act fast to gather and preserve evidence that could help your case.
• Witness statements: Memories fade over time. We want to interview witnesses while the events are still fresh in their minds.
• Strategic planning: The earlier we get involved, the more time we have to thoroughly investigate and develop a strong defense strategy.
• Protecting your rights: Without an attorney, you might inadvertently say or do things that harm your case. We can guide you on how to interact with police and prosecutors.

Don’t wait to get help. Contact Spodek Law Group today at 212-300-5196 for immediate assistance with your Watson murder case.

Conclusion

Watson murder charges are among the most serious DUI-related offenses in California. A conviction can result in life-altering consequences, including decades in prison. But with the right legal team on your side, you have a fighting chance.At Spodek Law Group, we have the experience, knowledge, and dedication to provide you with the robust defense you need. We understand the complexities of Watson murder cases and know how to challenge the prosecution’s evidence at every turn.Remember, being charged doesn’t mean you’ll be convicted. There are many potential defenses we can explore, from challenging blood alcohol tests to arguing lack of implied malice. We’ll leave no stone unturned in fighting for your rights and freedom.If you or a loved one is facing Watson murder charges in California, don’t face this alone. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. We’re available 24/7 to take your call and start building your defense. With our team on your side, you can face these charges with confidence, knowing you have skilled advocates fighting for the best possible outcome.