What You Need to Know About Beating a Murder Charge
To commit a murder is to commit the unlawful killing of another. Here is how to beat a murder charge.
What is the Legal Definition of Murder?
Common law describes murder as an intentional killing that was both unlawful and committed with malice aforethought. Malice aforethought exists if a defendant intends to kill someone without legal justification or excuse. The concept, however, is not limited to intentional killings. It can also exist if someone intentionally causes serious bodily harm to an individual, ultimately causing that individual’s death, or behaves in a way that shows extreme, careless disregard for life and results in the death of an individual.
First-Degree Murder
The rules for determining what constitutes a first-degree murder vary by state. However, for a murder to be considered in the first degree, it typically must have been deliberate and premeditated.
Related: 7 Crimes Without Statutes of Limitations
Second-Degree Murder
If a death has occurred during the course and as a result of a dangerous felony, the perpetrator of the crime would typically be charged with second-degree murder. A prime example of this would be if an individual committed arson, which resulted in the death of a firefighter trying to put out the fire. Even if the person who committed arson did not necessarily intend to kill someone, they can still be charged with second-degree murder.
Penalties For A Murder Charge
Mandatory minimum prison sentences for murder vary by state. The mandatory minimum for first-degree murder is often higher than that for second-degree murder. Defendants convicted of first-degree murder can also potentially face the death penalty. While the penalty is highly controversial and outlawed by several states, there are still states that offer the death penalty. In those that do not, the maximum penalty for murder is life in prison without the possibility of parole. Defendants convicted of second-degree murder face a lesser charge and are often sentenced to a term of years rather than life in prison and are sometimes eligible for parole. Keep in mind that eligibility for parole is on a case-by-case basis.
Each case is different, with its own circumstances and state-specific penalties. It is important to consult with an attorney and obtain legal counsel when dealing with a murder charge.
Defenses For Murder
There are several possible defenses one can take in order to beat a murder charge. Here are just a few:
Mistaken Identity: This is the equivalent of claiming that the defendant was wrongly accused. An attorney may utilize a strong alibi to argue this defense.
Self-Defense or Defense of Property: This defense consists of proving that the perpetrator committed murder in self-defense or in the defense of others.
Constitutional Violations: An individual charged with murder is still entitled to a standard set of protections. Violations such as coerced confessions and illegally collecting evidence could prove to be a solid defense for the defendant.
Lack of Intent: Proving that there was no intent to kill by the defendant could significantly lessen sentencing time.
Insanity: Claiming insanity can help to avoid jail time but may lead to mandatory time in a mental institution.
Related: What Crimes Cannot Be Expunged?
As previously mentioned, it is crucial to obtain legal counsel as soon as possible when facing a murder charge. An attorney will help determine the best defense for the defendant. The attorney will come to a conclusion considering factors such as state, age, circumstances, and a possible prior record; all factors which can greatly impact the outcome of the case. It is important that the defendant exercises their right to remain silent upon arrest/being charged and wait for legal counsel to advise on the appropriate next steps. Accidental self-incrimination is detrimental to a murder case.
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