Anyone charged with any form of murder needs a homicide attorney. Homicide, broadly, is the killing of another human being, also referred to as murder. A person faced with such charges is in extreme trouble. Whether innocent or guilty, they will need a homicide attorney. The exact definitions and laws around murder differ from one jurisdiction to the next. The possible punishments for being found guilty are always severe.
Homicide divides into two categories, 1st and 2nd degree. Of the two, 2nd degree homicide covers several subtypes. Murder (or 1st degree homicide) means the deliberate killing of another person. The exact cause of death is not relevant to the charge. What matters is that the accused intended to kill or at least intended deliberate harm.
In most places, “intent” means any deliberate action likely to cause the death of another. Deliberately discharging a firearm at someone is, by default, intent to kill. Attacking a person with any object likely to do harm is intent to kill too. There is no defense of “only” intending to hurt them; any armed attack on another person can be intent to murder.
Manslaughter, or 2nd degree homicide, is the accidental or unintentional killing of another. This may include the death of a person in a road traffic accident. But it also covers any accident resulting in the death of another. It may also include self-defense and similar emergencies, as well as negligence leading to another’s death.
The definition of 2nd degree homicide includes both negligent and unlawful killing. “Unlawful killing” means that the person lacked the intent to murder. However, that person is still culpable for the event leading to a death. It can also include mistaken actions which may have seemed justified at the time.
A person is negligent if their actions fall below the reasonable standards of responsible behavior. Negligence implies failure to consider a risk they should have foreseen. It accepts, however, that they did not intend any harm. Recklessness means that the person knew the risks of their actions and went ahead anyway. Recklessness implies such obvious risk that the person cannot claim accident.
Getting the courts to agree to negligence instead of recklessness is just one of the things that a homicide defense attorney does. Being found negligent generally reduces the charge from 1st to 2nd degree homicide. Likewise, recklessness can raise a 2nd degree homicide to the 1st degree. Deliberately driving drunk is an example of recklessness.
Self-defense is a positive defense to charges of homicide. A person in fear of their life can use reasonable force to defend themselves. It is also considered “self-defense” to use force to protect another person. This holds true in all jurisdictions, but the specifics vary from one area to the next. A homicide defense attorney can present the case for self-defense. It is possible to get the charges reduced to 2nd degree homicide or even dropped entirely.
It is a saying in law that “the man who represents himself has a fool for a client.” There are few charges more severe than homicide. The penalties begin with decades in prison. If you are facing such charges, you need the help of a homicide attorney immediately.
For more information or to schedule a consultation with us, call our Springfield office at (417) 865-2181. Call Dean Price Law today. NOTE: This is for informational purposes only and does not constitute legal advice.
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