Homicide / Murder

Homicide can be divided into 5 categories:

  1. First Degree Murder: A capital felony (life sentence or death sentence)
    • Premeditated: Defendant contemplated a someone’s death, even if momentarily, before killing
    • During Felony: While participating in a listed Felony (mostly violent crimes or trafficking), the Defendant kills someone
    • Overdose: Someone dies from a drug provided by Defendant
  1. Second Degree Murder: A first-degree felony (punishable up to life)
    • Committing a Dangerous/Depraved Act, someone dies (w/o any premeditation)
    • During Felony: While participating in a listed felony, (mostly violent crimes or trafficking) another person (not the Defendant) kills someone
  1. Third Degree Murder: A second-degree felony (punishable by 15 years in prison)
    • During Felony: While participating in any other felony (not violent crimes or trafficking), the Defendant kills someone.
  1. Manslaughter: A second-degree felony (punishable by 15 years in prison)
    Note: becomes a first-degree felony if victim is a minor, elderly, disabled, or emergency personnel
    • Killing by culpable negligence without lawful justification
  1. Vehicular Homicide: A second-degree felony (punishable by 15 years in prison)
    Note: becomes a first-degree felony if also failed to render aid
    • Killing a person or fetus by reckless operation of a vehicle

Common Defenses:

JV 3

Defense of a homicide is unique to the individual facts of the case. Sometimes the best defense resides in the lack of evidence surrounding the identification of the perpetrator. Other times, it is obvious who did it, but perhaps the Defendant’s state of mind comes into play, sanity was an issue, or the deceased was the attacker, and the Defendant was merely defending themselves or someone else. Even if the evidence is overwhelming, plea bargaining, and careful presentation of mitigation can result in a reduction of the charges and the potential sentence.

If you or a loved one are facing murder charges, contact Blaine today for a free initial consultation.