Murder and Homicide Lawyer in St. Louis

What Are the Degrees of Murder or Homicide Charges In St. Louis and Missouri?

The state of Missouri divides murder charges into two degrees – where other states have a third-degree murder charge for "crimes of passion", Missouri officially defines this as "voluntary manslaughter". First-degree murder, according to MO RS 525.020, is when someone "knowingly causes the death of another person after deliberation upon the matter", otherwise known as premeditated murder. Second-degree murder is codified under MO RS 565.021, and is when:

1. someone knowingly causes the death of another person, including when the intent was only to seriously injure them, or;
2. kills another person in the act of, or while attempting to, committing another felony

Voluntary manslaughter has the same requirements as second-degree murder, but applies when the murder was caused "under the influence of sudden passion arising from adequate cause" or when assisting someone die by suicide.

Both first- and second-degree murder charges are class A felonies. The sentencing recommendation for second-degree murder is the same as the state's guidelines for all class A felonies--10 to 30 years in prison. However, state statutes codify that the minimum sentence for first-degree murder convictions is either life without parole or the death penalty--hence, first-degree murder is often referred to as "capital murder".

Voluntary manslaughter, however, is considered a class B felony. These charges automatically carry with them anywhere between five to 15 years' incarceration. Missouri also has an involuntary manslaughter charge, which applies when someone causes the death of another person due to "recklessness" or "criminal negligence".

The Missouri statutes related to involuntary manslaughter can be found here and here. First-degree involuntary manslaughter is viewed as a class C Felony, punishable by anywhere from three to ten years in prison. Second-degree involuntary manslaughter is when a death is caused due to "criminal negligence" and is a class E Felony, which is punishable by up to four years in prison. It should be noted that if a driver was impaired and caused an accident resulting in a fatality, they will automatically face first-degree involuntary manslaughter charges.

What Do I Do If I’m Accused Of Murder or Homicide in St. Louis or Missouri?

The Federal Bureau of Investigation defines murder as the willful killing of one human being by another.

If you're accused of murder or homicide in St. Louis or throughout Missouri, it is a serious matter. Knowing what to do after being arrested or indicted is crucial, and our St. Louis murder and homicide attorney suggests you take the following steps:

• Call a lawyer: Having an attorney available to work on your case as early as possible is critical to getting a successful outcome. A good lawyer can help review police reports, gather evidence, talk to witnesses, and build a strong defense. They can also look for potential ways to get your charges reduced or outright dismissed, or plan an effective, winning trial strategy.
• Don't say anything: When police say "Anything you say can and will be used against you in a court of law" while reading you your Miranda rights, believe them. Saying the wrong thing during investigations could potentially change the outcome of your case and give prosecutors ample material to prove guilt. Having a good criminal defense lawyer is crucial in this regard, as you would want to tell the truth but in the correct way.
• Understand that you are innocent until proven guilty: Sadly, in this day and age, simply being accused of a crime automatically makes you guilty in the minds of many people. This can deeply alter your mental health and make you consider things that you would never do under better circumstances. Luckily for you, your Combs Waterkotte St. Louis criminal defense attorney understands what you are going through and can help you see points of light in a world of darkness.