Second-Degree Murder Lawyer Kansas City, MO

Second-Degree Murder in the Missouri Revised Statutes

Under the Missouri Revised Statutes, someone commits murder in the second degree under the following circumstances.

Knowingly Causing Another’s Death

This offense can happen when the accused knowingly causes the death of another person. Under Missouri law, someone is said to act knowingly when they’re aware of the basic nature of their actions and that those actions are practically certain to cause a prohibited result.

For example, prosecutors might accuse you of pulling a knife out of your pocket and stabbing your spouse after they admitted to cheating on you. They would contend that you were aware that stabbing someone is practically certain to kill them.

Missouri law allows prosecutors to pursue murder charges even if the person killed wasn’t the intended victim. In other words, the state must prove that you intended to kill someone, but it doesn’t need to prove that you intended to kill the person who died.

This doctrine, formally known as “transferred intent,” might apply when someone gets killed after intervening in an altercation. It can also be invoked when prosecuting someone for a mass shooting.

Causing Death With the Purpose of Causing Serious Physical Injury

A second-degree murder charge can also apply when someone causes another person’s death with the purpose of causing serious physical injury. This might happen when someone only intends to injure someone, but the person dies.

Missouri defines a serious physical injury as any physical condition that causes any of the following:

• A substantial risk of death
• Serious disfigurement
• Protracted impairment in the function of a body part

Someone acts purposely when their conscious goal is to cause the prohibited result. An example is when the accused gets into a fight and decides to beat the other person so severely that they’ll leave the accused alone in the future. If the other person dies due to the beating, the prosecution might pursue charges of murder in the second-degree.

Prosecutors can use this theory to charge someone for an unintentional death. For instance, imagine that someone throws acid at a neighbor with the intention to scar and disfigure them. However, the attack accidentally kills the neighbor. The accused’s intent to cause serious physical injury is potentially enough to warrant a murder charge.

Felony Murder

Felony murder is an old concept that’s been viewed as unfair but necessary. This legal theory allows the state to charge someone with murder when anyone dies while the accused commits, attempts to commit, or flees after committing a felony.

Consider, for example, someone who carjacks a vehicle and accidentally runs over a pedestrian as they flee the scene. If the pedestrian dies, the carjacker can face both vehicle hijacking and felony murder charges, even if the death was clearly unintentional.

Prosecutors can also pursue felony murder for even more tenuous deaths. A common example is when a robbery victim suffers a stress-related heart attack when threatened with a gun. Even if the gun was unloaded, the robber could face charges of both robbery and felony murder.

Possible Defenses to Second-Degree Murder Charges in Kansas City, MO

The criminal defense strategy your attorney employs in your case may incorporate any of the following arguments.

Defense of Self or Others

Missouri law allows you to use force to protect yourself or others. Force is permitted when you reasonably believe that it’s necessary to stop the use or imminent use of unlawful force. You could, therefore, use self-defense to shoot someone attacking you or preparing to attack you with a knife.

It isn’t always lawful to use deadly force. Generally, the amount of force applied must be reasonable in view of the threat. However, you can justifiably kill another person when you reasonably believe that deadly force is necessary to avoid death, serious injury, or a forcible felony.

Defense of Property

As a rule, you can’t use deadly force to protect your property. If someone is stealing your car off the street, you aren’t justified in shooting at them.

That said, Missouri law recognizes the right to use deadly force to protect an occupied home or vehicle. Specifically, you can use deadly force against someone who unlawfully entered, attempted to enter, or remained after entering an occupied dwelling, residence, or vehicle.

You can also use deadly force to protect unoccupied private property. Under this rule, deadly force is justified against someone who unlawfully enters, attempts to enter, or remains after entering private property that you own, lease, or have permission to occupy.

Mental Disease or Defect

When prosecutors present evidence of your intent, your lawyer may respond with proof that you were incapable of knowing and appreciating your actions. This defense, sometimes called the insanity defense, applies when a mental disease or condition prevents you from understanding the quality, nature, or wrongfulness of your behavior.

Importantly, your lawyer doesn’t need to show that you lacked all three types of understanding. Proving one of them can be enough to justify your actions.

Imagine that you’ve been diagnosed with schizophrenia. As a result of your condition, you genuinely believed that stabbing a sick relative would release an evil spirit and restore their health. Your medical history may help you prove that you lacked the intent to commit murder because you didn’t appreciate the nature of your actions.

Sudden Passion for Adequate Cause

Another viable defense to second-degree murder is to “inject the issue” of sudden passion. If successful, you may defeat the murder charges but expose yourself to possible manslaughter charges.

However, voluntary manslaughter is a Class B felony, while murder is a Class A felony. As such, receiving a manslaughter charge could reduce your potential sentence considerably.

Penalties for Second-Degree Murder in Missouri

Murder in the second degree is a Class A felony in Missouri, the highest offense level in the state’s criminal code. The second-degree offense isn’t eligible for the death penalty, which is reserved for first-degree murder.

Upon conviction for murder in the second degree, a judge can sentence you to 10 to 30 years or life in prison. However, life sentences for second-degree murder generally allow for the possibility of parole after 30 years.