When you or someone you know is arrested on murder charges, the consequences can be devastating. Murder is a serious crime, and the penalties can include incarceration, life in prison, or even the death penalty. Getting charged with this crime is one of the most frightening experiences that you can have, and it’s important to have an Alexandria Murder Defense Attorney on your side to protect your rights and fight for a positive outcome in court.
Defendants facing murder charges in New York and other states need an experienced, aggressive, and knowledgeable attorney who is well-versed in the law. The best way to prepare a strong defense is by speaking with an attorney as soon as possible following an arrest, and hiring a Kimberly Stover, Attorney at Law Lawyer who has been successfully defending people accused of murder.
Depending on the circumstances, a person can be charged with first-degree murder if they kill a person without the intent to cause them harm. A person may also be charged with this if they kill another person while committing a felony, such as robbery, arson, or a sexual assault.
Usually, when a defendant is charged with this crime, they are punished by 15 years to life in prison. However, the maximum sentence can be higher if the killing took place while the defendant was a convicted murderer or if a firearm was used in the killing.
Insanity – When a defendant is unable to remember their actions or understand that they are wrong, the jury can deem this as insanity. There are a number of different tests both mentally and physically performed, and witness testimony from medical professionals is often required to prove insanity.
Mistaken Identity – If the defendant was mistaken for the victim, this is a defense. This can happen in line-ups, grainy videos, and even with the help of witnesses.
Accidents – In other cases, a murder can be considered an accident, and the charges might be dropped to manslaughter or other lesser crimes. This is especially common when a defendant killed another person in the heat of the moment and wasn’t thinking it through at the time.
Self-Defense – A defendant might claim that they were protecting themselves from another person who was threatening their lives. This is a common defense and requires proof that the defendant was in fear for his or her own life.
The defense can also be used if the killing was done for an illegal purpose or under certain circumstances manifesting a “depraved indifference to human life.”
In New York, the maximum penalty for felony murder is 20 years to life in prison. This is a much more severe penalty than for a charge of second-degree murder. The exact amount of prison time will vary by the underlying felony, but it’s always significant.
Sentencing Enhancements – In many states, a homicide will be classified as a first-degree felony with sentencing enhancements added for the fact that it occurred during a robbery or another crime of violence. There are also sentencing enhancements if the murder was committed on a government property or if the defendant previously pled guilty to murder.