A Criminal Defense Lawyer in Lincoln & Ralls County Protecting the Rights of People Accused of Homicide
Homicide is a general term that covers both murder and manslaughter (and all the degrees of each offense). Any homicide charge is serious, but the penalties can vary greatly, depending on which homicide offense has been charged. There is also a wide range of sentencing that can open up in plea negotiations. Anyone facing serious murder or manslaughter charges needs an experienced homicide defense lawyer on their side as soon as possible.
A Missouri defense attorney will protect your constitutional rights throughout the criminal investigation and any subsequent court case to ensure that you are not wrongfully convicted on evidence that was obtained unlawfully. A defense lawyer will also advise you whether it is a better strategy to take a plea deal or to take the risk of being convicted of more serious charges by a jury at trial. These are major decisions that will change the rest of your life. Do not go through this process without the guidance of an experienced homicide defense attorney.
Murder
Homicide consists of both murder and manslaughter. Murder is the more serious category, and it carries more serious penalties. First-degree murder is to knowingly cause the death of another person after deliberation upon the matter. Deliberation is an important component of any first-degree murder case. It shows that the defendant, in a rational state of mind, had time to reflect upon their actions rather than acting on a sudden impulse to kill.
Second-degree murder does not require deliberation. Second-degree murder can be committed:
- while intending to cause serious physical injury, or
- while attempting, committing, or fleeing from the scene of any felony.
In the case of second-degree murder, the defendant’s actions are considered more serious because of the underlying felony. (In the case of serious physical injury, the underlying felony is assault).
Manslaughter
Voluntary manslaughter is similar to second-degree murder. It can be charged when the defendant intends to cause the victim serious physical injury, but this less serious charge is used if the death is the result of “sudden passion arising from adequate cause.” The classic example of “sudden adequate provocation” is a defendant who comes home early to find their spouse cheating on them. The passion prevents the defendant from deliberating as required for first-degree murder, and adequate cause is enough to mitigate the circumstances from second-degree murder to voluntary manslaughter. Voluntary manslaughter can also be charged in cases where the defendant knowingly assists another person commit suicide.
Voluntary manslaughter can be “downgraded” (mitigated) to involuntary manslaughter when the defendant’s actions were not intentional. There are two versions of involuntary manslaughter under Missouri law. First-degree involuntary manslaughter is to recklessly cause the death of another person. Second-degree involuntary manslaughter is to cause a death through “criminal negligence.” This is a subtle difference: recklessness is to disregard a known risk, while criminal negligence occurs when one should be aware of a risk but is not.
The Penalties For a Homicide Conviction
First-degree murder convictions are eligible for the death penalty. If the death penalty is not imposed, the defendant must be sentenced to life in prison without the possibility of parole or probation. This is substantially more than the penalty for second-degree murder: as a Class A felony, this carries a sentencing range of ten to thirty years. A life sentence can be imposed, but there is the possibility of parole.
The penalties for manslaughter continue to decrease significantly:
- Voluntary manslaughter is a Class B felony.
- First-degree involuntary manslaughter is a Class C felony (unless committed against a law enforcement officer or a close relative, in which case it is aggravated to a Class B felony).
- Second-degree involuntary manslaughter is a Class E felony (unless committed against a law enforcement officer or a close relative, in which case it is aggravated to a Class D felony).
This means that the range of possible sentences for a murder conviction range from one year in jail (the minimum penalty for a Class E felony) to the death penalty. Within this range, there is much room to develop an effective legal strategy that will best protect a defendant’s legal rights.
The Death Penalty
First-degree murder convictions are eligible for the death penalty. The Supreme Court has enacted certain protections regarding the death penalty. For example, juveniles who are under the age of eighteen at the time the death occurred cannot be sentenced to death. (They can, however, be sentenced to life in prison.) Defendants are also entitled to have a jury – not a judge – find every fact necessary for them to be exposed to the death penalty. There are many other constitutional protections that have been appealed through the court systems of the United States all the way to the Supreme Court. Ultimately, however, the best strategy is to have legal advice from an experienced defense lawyer who can mitigate the risk that the defendant will be subjected to the death penalty in the first place.
Schedule a Case Evaluation with a St. Charles Criminal Defense Lawyer Today
There are few – if any – criminal charges more serious than homicide. Having an experienced defense lawyer on your side can mean the difference between years or decades in prison. It can even mean the difference between life and death in cases that are eligible for the death penalty under Missouri law. No one has to face these devastating penalties on their own. The sooner you have an experienced homicide defense attorney working on your case, the better protected your constitutional rights will be. Early intervention will also give your defense lawyer the best possible options for developing the right legal strategy for your particular case. Call our office today to schedule a free case evaluation.
Attorney Chris Lozano is an experienced Missouri defense lawyer who has handled murder and manslaughter charges. He can help protect your legal rights at every step of the criminal case process. Our office serves St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion and Pike Counties. Don’t wait to get the right lawyer on your side to fight the life-and-death consequences you are facing.