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Knowledge Is Power When Facing Murder Charges
There are times when the seriousness of criminal allegations is not immediately apparent to those accused of crimes. This is not the case when it comes to murder charges. A conviction for murder carries serious penalties regardless of where allegations are made. That’s why critical legal considerations for defending against murder charges must be accounted for.
While the outlook of the situation may seem bleak, the reality is that there’s no such thing as an “open and shut” case. If you’re charged with murder, there are various legal strategies to avoid conviction. In fact, only just over half of all murder cases result in a conviction — so clearly, a bit of knowledge and preparedness can give you a fighting chance at avoiding conviction.
Understanding the Charges Against You
The first thing a person must do when facing murder charges is understand the allegations being made against them. Specific charges can vary by jurisdiction, just as potential penalties can differ. However, allegations related to killing another person typically fall into one of the following categories:
- First-degree murder: This charge is levied for allegations of premeditated murder or when someone dies as the result of certain felonies
- Second-degree murder: Prosecutors use this charge when a defendant allegedly killed someone through dangerous acts without regard for human life
- Manslaughter: A person can face manslaughter charges if it’s alleged that they killed someone unlawfully without intent (e.g., negligence or recklessness)
- Vehicular homicide: Prosecutors can bring this charge when a defendant allegedly caused death through the reckless operation of a vehicle
While statutes can vary by jurisdiction, these are the charges most people see when they’re accused of unlawfully taking another person’s life. However, prosecutors will sometimes overcharge a person to elicit a guilty plea during plea negotiations. This is why it’s so important to remember other key considerations when defending against murder charges.
Presumption of Innocence
We’ve all heard the phrase “innocent until proven guilty” on television shows and in the media. However, it might not feel this way if you’re facing murder charges. Police interrogate suspects with the assumption that they’re guilty, and prosecutors frequently overlook exculpatory evidence in an effort to convict whoever the police officially accuse.
Fortunately, the behavior of police and prosecutors does not dictate what rights you’re entitled to. The presumption of innocence means that the burden of proof is on the government to prove your guilt. In reality, the defense doesn’t even have to present a case if they believe the government has failed to prove guilt beyond a reasonable doubt.
However, this is a risky move — so it’s best to speak with an attorney before making any decisions regarding your legal strategy.
State-Specific Sentencing Considerations
When defending against murder charges, it’s also crucial for you to take state-specific sentencing considerations into account. Probable penalties should play a significant role in any potential legal defense.
Let’s look at Florida law as an example. With the death penalty on the books, it may be more beneficial to engage in plea negotiations that could reduce such harsh sentencing. Additionally, the state has a mandatory life sentence minimum for first-degree murder. This reality will guide both plea negotiations and trial strategies.
It’s also worth understanding that many states — Florida included — take aggravating and mitigating circumstances into account. For instance, a person with a violent criminal record may face harsher sentencing. Similarly, mitigating factors could reduce the likelihood of severe sentencing — up to and including avoidance of the death penalty or life in prison.
Key Legal Defenses in Murder Cases
Perhaps the most critical legal consideration when defending against murder charges is the actual defense strategy employed. This will dictate the course of a trial. In some instances, it may affect whether a case ever even makes it to trial. The important thing to remember is that there are various effective legal defenses when charged with homicide:
- Self-defense
- Stand your ground laws
- Insufficient evidence
- Alibi
- Mistaken identity
- Mental incapacity or insanity
- Accidental death
- Challenging felony murder charges
- Lack of criminal intent
- Involuntary intoxication
While each of these legal strategies can be highly effective, don’t fall into the trap of thinking they’re “one size fits all.” We’ve seen countless examples of individuals convicted of murder after claiming self-defense. The point is that these defenses won’t always work. The reality is that the legal strategy used in a case must be catered to the unique circumstances of that case.
An experienced attorney can review the charges against you and help identify the best legal strategies for avoiding conviction.
When to Hire an Attorney
Perhaps the most important legal consideration when defending against murder charges is when to hire an attorney. For many criminal cases, people instead ask if they should seek legal help, and in every instance, the answer is “yes.” When it comes to allegations as serious as murder, there’s never a time when representing yourself is a good option.
There’s an old saying that states, “A person who represents himself has a fool for a client.” While this adage may seem abrasive, the point is that a criminal defense attorney is critical when your freedom and life are on the line. A skilled legal professional knows how to build a convincing case. Simply put, it’s always the right time to speak with an attorney.
However, you’ll be doing yourself a favor by reaching out to one as soon as possible. At George Reres Law, PA, our legal team understands the critical legal considerations when defending against murder charges. Contact us at 954-543-1186 today — and we’ll fight hard to secure a favorable outcome on your behalf.
