San Bernardino Murder Defense Lawyer

Dennis Kuntz Personally Handles Every Case: No Handoffs, No Junior Staff

A murder charge under California Penal Code section 187 carries consequences unlike any other: 25 years to life, life without the possibility of parole, or the death penalty. The decisions made in the hours and days immediately after an arrest or investigation begins can shape everything that follows. At Law Office of Dennis Kuntz, Dennis Kuntz personally handles every murder and homicide case from the first call through the final resolution. Clients are not handed off to associates or junior staff.

Mr. Kuntz’s background includes work in the public defender’s office, giving him direct knowledge of how the San Bernardino County District Attorney’s Office builds its homicide cases. That perspective, developed over nearly a decade of criminal defense practice, informs how we investigate facts, challenge evidence, and build strategy. If you or someone you know is facing a murder charge in San Bernardino, speak directly with the attorney who handles your case. Free consultations are available.

Schedule a free consultation with our San Bernardino murder defense attorney today. Call (909) 200-4045 or contact us online.

What California Law Says About Murder

California Penal Code section 187 defines murder as the unlawful killing of a human being or fetus with malice aforethought. Malice aforethought can be express, meaning the defendant had a deliberate intent to kill, or implied, meaning the defendant acted with conscious disregard for human life. Prosecutors use both theories, and the distinction matters enormously for how a defense is built.

Penalties depend on the degree of the charge and any special circumstances the prosecution pursues. Because the stakes are this high, the quality and timing of the legal representation you secure matter from the earliest stage of investigation.

Degrees & Categories of Murder Charges in California

California law divides murder into distinct categories, each requiring the prosecution to prove different elements. Understanding those differences clarifies what the defense must address.

First-Degree Murder
First-degree murder requires proof of a willful, deliberate, and premeditated killing, or a killing carried out by specified means such as poison, lying in wait, or during a listed felony. The standard sentence is 25 years to life. When special circumstances apply under California Penal Code section 190.2, such as the killing of a peace officer or the commission of multiple murders, the sentence rises to life without parole or the death penalty.

Second-Degree Murder
Second-degree murder covers intentional killings that were not premeditated, as well as killings resulting from implied malice. The base sentence is 15 years to life, though enhancements can increase that term significantly.

Felony Murder
Felony murder applies when a death occurs during the commission of a specified felony such as robbery, burglary, kidnapping, rape, or arson, even if the defendant didn’t intend to kill anyone. California reformed its felony murder rule in 2018, narrowing who can be charged, but prosecutors still pursue these cases aggressively.

Manslaughter as an Alternative
Voluntary and involuntary manslaughter are legally distinct homicide offenses that carry significantly lower penalties than murder. Depending on the facts, arguing for a reduction to a manslaughter charge can be a meaningful part of the defense strategy.

Defense Strategies We Use in San Bernardino Murder Cases

No two homicide cases are alike, and we don’t build defense strategies from a template. We conduct an independent review of the facts, physical evidence, and witness accounts before recommending any course of action. Common defense approaches include the following.

• Self-defense and defense of others: California law permits the use of deadly force when a person reasonably believes they or another face imminent death or great bodily harm. When the evidence supports it, this can be a complete defense to a murder charge.
• Lack of malice or intent: Demonstrating that a killing was accidental or occurred without the mental state required for murder can support a reduction to manslaughter or an acquittal at trial.
• Mistaken identity and false accusation: Eyewitness misidentification is a documented and well-studied source of wrongful homicide charges. We examine the identification process and any lineup or photo array procedures used by law enforcement.
• Suppression of unlawfully obtained evidence: Mr. Kuntz reviews police and prosecution conduct for constitutional violations, including unlawful searches, failure to advise of Miranda rights, and improper interrogations. Evidence obtained in violation of a defendant’s rights may be excluded before or at trial.
• Challenging forensic and physical evidence: Weaknesses in forensic analysis, chain of custody problems, or reliance on unreliable informants can all undermine the prosecution’s case before it reaches a jury.
• Plea negotiation: In some cases, negotiating a charge reduction or a favorable sentencing recommendation can serve the client’s best interest. That decision belongs to the client, made after a full review of the evidence and a clear explanation of the options.

What to Do After a Murder Arrest in San Bernardino

The actions taken immediately after an arrest or the start of a homicide investigation can affect the outcome of a case more than most people realize. Here is what matters most in the early stages.

• Exercise your right to remain silent. Anything said to law enforcement, to fellow detainees, or on a jail phone call can be recorded and used by the prosecution.
• Invoke your right to an attorney. Ask for a lawyer before answering any questions, and don’t waive that right under pressure during an interrogation.
• Avoid social media and text messages. Digital communications are subject to subpoena and are regularly used as evidence in homicide cases.
• Contact a criminal defense attorney as early as possible. Ideally, this happens before formal charges are filed. The pre-filing investigation period is when some of the most consequential defense moves can be made, including preserving evidence and challenging the direction of the investigation.

Speak Directly with a Murder Lawyer in San Bernardino

If you or a family member is facing a murder or homicide charge anywhere in San Bernardino County, don’t wait to seek legal counsel. At Law Office of Dennis Kuntz, you work one-on-one with Mr. Kuntz from the initial call through every court appearance at the San Bernardino Justice Center and beyond. There are no intake screeners and no handoffs.

Contact our San Bernardino murder defense lawyer for a free consultation. Call (909) 200-4045 today.