October 14, 2010 By Wallin & Klarich

California Penal Code 187 – Murder

On October 13, 2010, police allege that a mother stabbed her two 3-year-old daughters to death, attempted to commit suicide, and set fire to her apartment to try to cover up her daughters’ deaths.

On October 12, after responding to reports of a late night fire, firefighters arrived at the mother’s apartment and subdued the flames. They found the daughters’ bodies inside the apartment. The mother, Monica McCarrick, 28, was also inside the apartment with what police suspect to be self-inflicted stab wounds.

McCarrick was taken to a local hospital and is expected to recover from her injuries. When she is released, she is expected to be charged with murder, child abuse resulting in death, arson, and destruction of evidence.

Under P.C. 187, “murder is the unlawful killing of another human being. . .with malice aforethought.” Murder committed with premeditation and deliberation is first degree murder, which is punishable by 25 years to life in prison, life in prison without the possibility of parole, or the death penalty. (P.C. 189, P.C. 190(a).)

Under P.C. 273a, “any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life.”

Under P.C. 451, arson is the willful and malicious burning or setting fire to any structure, forest land, or property. Arson of an inhabited dwelling is a felony punishable by two, four, or six years in state prison. (P.C. 451(b).) Arson that causes great bodily injury is punishable by five, seven, or nine years in state prison. (P.C. 451(a).)

Under P.C. 135, a person who willfully and intentionally conceals or destroys anything thing or matter to be produced in a court proceeding is guilty of destruction of evidence, a misdemeanor punishable by up to six months in jail.

If you or someone you know has been accused of a homicide, child abuse, or other serious felony, you will need an experienced Southern California criminal defense attorney who will vigorously represent you and explore every possible defense. For over 30 years, Wallin & Klarich has helped people accused of a variety of criminal matters, including murder, child abuse, arson, and destruction of evidence. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

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