Murder Lawyer Kansas City, MO

Murder in the Missouri Revised Statutes

The Missouri Revised Statutes include the following two murder charges.

First-Degree Murder

A first-degree murder charge can be filed when someone knowingly causes another person’s death after deliberation.

The term “deliberation” is roughly equivalent to “premeditation” or “malice aforethought.” It means the accused thought about the killing before carrying it out. Any amount of thought, including mere seconds or fractions of seconds, counts as deliberation.

Deliberation is often defined by what it isn’t. That is, deliberation isn’t reactive, impulsive, or accidental; rather, it represents a conscious decision. Moreover, it’s generally unprovoked, since provoked killings are usually classified as manslaughter.

While planning can show deliberation, they aren’t the same. Prosecutors would argue that someone can only plan a killing by deliberating about it. However, a deliberate killing can also happen without planning.

For example, someone might be charged with this offense after a fatal bar fight. They didn’t plan to kill anyone when they went to the bar. However, the prosecution can argue that they deliberated when they decided not to fight with their fists but instead walked to their car and retrieved a baseball bat.

Prosecutors can also pursue a first-degree charge if the victim’s death resulted from the accused’s failure to act. Again, they must have evidence that the accused deliberated. They must also prove that the accused had a legal duty to act.

For instance, someone who starves an elderly, bedridden relative to death to receive an inheritance might face first-degree charges.

Second-Degree Murder

Second-degree murder charges can arise in two circumstances. First, someone may commit this offense when they cause another person’s death either knowingly or with the purpose of causing serious physical injury.

Unlike the first-degree charge, the second-degree offense doesn’t require deliberation. It only requires proof that the defendant intended to kill or seriously injure the victim. As such, you can think of second-degree murder as a catch-all for unprovoked intentional killings that don’t involve the level of forethought needed to prove a first-degree charge.

Second, this offense covers “felony murder.” Under this legal doctrine, any death — even an unintentional one — that occurs during the commission of a felony is considered murder.

A classic example is when a bank customer dies of a heart attack during a bank robbery. The prosecution could argue that a murder charge is appropriate because the act of robbing the bank produced the shock and fear that resulted in the customer’s death.

Possible Defenses to Murder Charges in Kansas City, MO

Depending on the circumstances of the killing, the criminal defense strategies available in homicide cases can include the following.

Alibi

In some cases, the police arrest the wrong person for a killing. A witness might have mistakenly identified you as the perpetrator. Alternatively, the police might misinterpret the evidence or jump to conclusions.

In either case, alibi evidence may clear your name. Other witnesses might place you somewhere other than the crime scene at the time of death, or security footage might show that you couldn’t have committed the crime. It’s also possible that any forensic evidence, such as DNA left at the crime scene, might not be a match.

Lack of Intent

Murder requires knowledge and intent. An act occurs “knowingly” when the perpetrator is practically certain to cause the death.

As with the term “deliberately,” accidents can’t be committed “knowingly.” If the death occurred unintentionally, you likely lacked the intent to cause it.

Self-Defense and Defense of Others

Missouri law allows you to use physical force, including deadly force, to protect yourself or others. To use self-defense, you must reasonably believe that force is needed to defend yourself or someone else from the imminent use of unlawful force.

If you use force, you can only use the amount necessary. Therefore, you may need to show that you reasonably believed deadly force was both necessary and justified based on the other person’s actions.

Defense of Property

Additionally, you can use physical force to protect property when you reasonably believe that the other person is committing or attempting to commit theft, property damage, or tampering. You can raise this defense even if your belief was mistaken. However, your attorney will need to prove that the mistake was reasonable.

Penalties Upon Conviction for Murder in Missouri

First-degree murder is the only offense in Missouri eligible for the death penalty. Cases where the death penalty is possible have two separate proceedings: determining guilt or innocence, and a penalty phase to decide whether the defendant will be sentenced to death or life in prison without parole. Some factors a jury might assess when deciding whether to impose the death penalty include: