Homicide Defense

Criminal Justice Attorneys

In the prosecution of homicide charges, the Defendant’s state of mind determines the crime committed, and the defense attorney can argue for different charges based on different states of mind.

1. Murder (First Degree) is committed when:
• A person kills another person with malicious intent (malicious intent is a deliberate effort to commit murder and can be proven);
• A person kills another person (regardless of malicious intent) during (or if the person dies as a direct result of) the act or attempted act of murder, the intentional discharge of a deadly weapon, or while committing certain felonies such as rape, robbery, kidnapping, trafficking or distributing illegal drugs or controlled dangerous substances, etc.
2. Murder (Second Degree) is committed when:
• Committing an act that is imminently dangerous to another person and exhibiting a depraved mind, regardless of human life, although without any premeditation to murder any particular individual; or
• While committing any felony crime other than those listed in first-degree murder.
3. Negligent Homicide is committed when a person dies within one (1) year and as a direct result of injury from another person driving a vehicle with reckless disregard for the safety of others.
4. Manslaughter (First Degree) is committed when:
• When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor;
• When perpetrated without a design to effect death, and in a heat of passion but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under circumstances that constitute excusable or justifiable homicide.
• When perpetrated unnecessarily while either resisting an attempt to commit a crime by the person killed, or after the attempt has failed.
5. Manslaughter (Second Degree) is committed when a person is killed by another by act, procurement, or culpable negligence

Homicide and manslaughter convictions carry severe repercussions and can potentially lead to capital punishment; therefore hiring experienced legal representation is crucial. While an attorney may not be able to win a “not guilty” verdict, he or she can reduce the sentence.