Murder Defense Lawyer, Smithville, MO. Missouri takes murder cases seriously and punishes the alleged offender harshly. First-degree murder can result in a life sentence. Or if the prosecution and jury wish to impose it, you could face capital punishment. Without a leading murder defense lawyer in Smithville, MO, it’s hard to fight against these consequences.
But you’re not alone. Combs Waterkotte is on your side. As one of the premier criminal defense law firms in Missouri, we won’t give up on your case and will explore every avenue to secure a positive outcome. We have defended thousands of cases, including many just like yours.
When you work with our team, you are treated like a person, not a case number. You can start crafting your defense right away by calling (314) 900-HELP or using our contact form online. We’re ready 24/7 and are ready to help in emergencies.
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Actions Your Murder Defense Lawyer in Smithville, MO Will Take to Defend You
The defense process starts as soon as you get in touch with your Smithville, MO, murder defense lawyer. Whether or not you’ve already been arrested, your attorney can train you on the best way to interact with the authorities. Having a lawyer in your corner during questioning is more than just advising you when to stay silent – it’s defening you from pressing interrogation methods and providing responses that strengthen your story.
In most Smithville, MO criminal cases, there will be an arrest, interview, and arraignment. The arraignment is a time when the prosecution officially accuses you of a crime, in this case, murder. It’s possible that you’ll be charged with armed criminal action or other violent crimes in addition to murder. In cases where bail is allowed, this is usually also done at this time. Though it’s rare for bail to be allowed in murder cases in Smithville, MO, we don’t just assume it’s a lost cause, and will argue for bail for each of our clients.
Now that you formally know the charges you’re facing, your Smithville, MO, homicide defense attorney will advise you on tactics you can use in your defense, if they haven’t already been talking with you about them. You could have been acting in defense of others, or this is a case of mistaken identity. Whatever defense works best for your case, your attorney will also talk to the state about plea negotiations to see if they can secure a positive outcome for you.
If the prosecution refuses to negotiate, your case will go to trial. Our lawyers always prepare a trial-ready, ferocious defense and will use it to defend you all the way to the final verdict. We stick with you and fight until you get the justice you deserve. This even applies after the verdict, where we can also assist with sentencing advocacy if needed.
In summary, your Smithville, MO, murder defense lawyer will do the following:
- Protect your rights during interrogations
- Argue for bail and pre-trial release
- Help you pick the best defensive strategy for your case
- Bargain with the prosecutor for more lenient charges
- Present your defense before a judge and jury
- If needed, advocate for lighter sentencing
The legal process can be hard to navigate. An expert legal team like Combs Waterkotte will show you the path to the other side.
What Cases Will a Smithville, MO, Murder Defense Attorney Take?
There are multiple types of homicide charges in Missouri, and when you work with a Smithville, MO, murder defense lawyer, you want one who knows how to defend your specific charges.
At Combs Waterkotte, we will fight against all kinds of murder charges in Smithville, Missouri. Below, we’ve outlined the individual laws and what they mean:
First-Degree Murder
First-Degree Murder in Missouri consists of killing another person on purpose, with a plan. Accidental deaths or impulsive actions do not qualify for first-degree murder charges in Missouri.
The sentence for first-degree murder is either the death penalty or a life sentence in prison without the possibility of parole.
Second-Degree Murder
Second-Degree Murder has a wider definition than first-degree murder in Missouri. It includes:
- Intentionally killing someone,
- Attacking someone with the goal of hurting them badly, then going too far and taking their life, and
- Trying to commit another felony, if someone dies in the process.
As a Class A Felony, potential sentences for second-degree murder in Missouri include prison for 10 to 30 years, or life.
Murder vs. Manslaughter in Missouri
Murder and manslaughter are similar, but generally one thing sets them apart: Intentions. Murder charges normally require the prosecution to prove that the alleged offender purposely caused the death of the alleged victim, and it wasn’t in self-defense or another special circumstance.
Manslaughter is different in that intentions aren’t as important – if one person takes another’s life, they can be charged with manslaughter. In the following sections, you can read breakdowns of Smithville, Missouri’s manslaughter charges:
Voluntary Manslaughter
Voluntary Manslaughter charges in Missouri fall into one of two categories:
- Committing what would normally be second-degree murder, except that the alleged offender was reasonably out of control of their emotions.
- Helping someone take their own life.
As a Class B Felony, you may be sentenced to between 5 and 15 years in prison.
First-Degree Involuntary Manslaughter
First-Degree Involuntary Manslaughter is the first of these charges to not include any form of intentionality in the crime.
In most cases, this is a Class C Felony, but for certain special victims (either a targeted police officer or a close family member), the sentence can be increased to a Class B Felony.
Second-Degree Involuntary Manslaughter
Second-Degree Involuntary Manslaughter still involves one person killing another person on accident. Missouri defines it as acting criminally negligent and having someone die as a result.
This crime is typically a Class E Felony, but can be a Class D Felony for certain victims.
To recap the information above, you can use the table below as a quick reference on the different murder/manslaughter charges in Missouri:
| Murder/Manslaughter Charge | Description | Sentence |
|---|---|---|
| First-Degree Murder | Intentionally killing someone, using a plan. | Death penalty or life in prison |
| Second-Degree Murder | Intentionally killing someone, in the heat of the moment, OR someone dies while committing another felony | 10-30 years or life in prison. |
| Voluntary Manslaughter | Intentionally killing someone while emotionally unstable OR helping someone commit suicide | 5-15 years in prison |
| First-Degree Involuntary Manslaughter | Acting recklessly and having someone die as a result | Class C Felony: 3-10 years in prison Class B Felony: 5-15 years in prison |
| Second-Degree Involuntary Manslaughter | Acting negligently and having someone die as a result | Class E Felony: Up to 4 years in prison Class D Felony: Up to 7 years in prison |
In addition to going to prison, alleged offenders can face numerous collateral consequences after a conviction.
At Combs Waterkotte, we have experience defending a variety of murder and manslaughter charges in Missouri. When you ask for help from us, you get a Smithville, MO, murder defense lawyer who knows the system inside and out.
How to Pick the Right Murder Defense Lawyer in Smithville, MO
When you need a high-quality murder defense lawyer in Smithville, MO, you need to carefully evaluate your options. Here are the things you want (and don’t want) in your attorney:
Top 4 Smithville, MO, Murder Defense Lawyer Qualities:
Your murder defense lawyer should treat you with dignity and tell you your best paths forward. Here are the signs to look out for:
- Prior experience with your charges
- A history of victories
- Someone who treats you like a person, not a case number
- Honest advice, even when it’s hard to hear
Top 4 Smithville, MO, Murder Defense Lawyer Red Flags:
On the contrary, it’s also important to keep an eye out for red flags that should tell you to think twice before working with a given lawyer:
- No experience with your charges
- Promises of unrealistic outcomes
- Impolite or disinterested attitude
- Unorganized or vague plan for how to help you
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How to Choose a Criminal Defense Lawyer
Charged with a crime? The lawyer you hire matters. Combs Waterkotte, recognized for top-tier criminal defense in Missouri and Illinois, created this guide to help you find the right attorney. Learn what to look for, key questions to ask, and red flags to avoid.
When Do Smithville, MO, Murder Charges Become Federal?
Any murder charge is serious. But if it’s federal, that only makes things more extreme. Federal crimes are prosecuted by the top prosecutors, and when you’re facing that, you need a high-level federal murder defense lawyer to match.
Murder charges can become federal in many ways, but here are the typical ways it happens in Smithville, MO:
- The alleged crime took place near a state border or across a border.
- The alleged crime occurred on federal property.
- The alleged victim was a federal agent.
One other important note to be aware of: Dual Sovereignty. Under the United States’ dual sovereignty doctrine, you can be charged with some crimes in both federal and state courts.
If you’re facing these types of charges, you need a murder defense lawyer who has both local connections in Smithville, MO, and preparations to fight against the United States justice department. Fortunately, Combs Waterkotte has both.
Common Smithville, MO, Murder Charge Defenses
Although each case is different, there are some criminal defense strategies which your murder defense lawyer will commonly evaluate. At Combs Waterkotte, we will tailor your defense to the circumstances of your case. Below are some of the strategies we’ll consider:
- Alibi
- Not Guilty by Reason of Insanity
- Castle Doctrine
- Defense of Others
- Self-Defense
- Stand Your Ground
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If You Need a Murder Defense Lawyer in Smithville, MO, You Need Combs Waterkotte
Being accused of homicide in Smithville, MO, can be devestating. Without help, it can derail your entire life. But you do have help available. At Combs Waterkotte, we know what it takes to successfully defend murder charges. We are here to give you an expert on your side. We will tell your side of the story and battle for the best outcome possible.
Don’t wait while the prosecution builds its case. Talk to one of our lawyers any time of day at (314) 900-HELP or send us a note online to protect yourself.
