If you are charged with murder in Missouri, you are probably feeling overwhelmed and fearful for your future. Murder is the most serious crime a person can be accused of. The consequences of a conviction are severe, ranging from decades in prison to the death penalty.
At Rose Legal Services, we understand the gravity of your situation. For years, our criminal defense team has successfully defended clients against murder charges throughout Missouri. Let us put our experience and commitment to work for you.
In this post, we explain the levels of murder in Missouri law, Murder vs. Manslaughter, and the types of evidence needed to prove these crimes. We will also answer some frequently asked questions about murder charges.
First or second degree murder
Missouri categorizes murder into first and second degrees based on the circumstances of the crime. The key difference is the consideration.
First degree murder
Pursuant to Section 565.020 RSMo. A person commits first-degree murder when he or she knowingly causes the death of another person after thinking about the matter. Counseling is thinking about the act over any period of time, no matter how short.
In first degree murder, the state must prove beyond a reasonable doubt that the defendant:
- Knowingly
- Causing the death of another person
- After deliberation on the matter
First-degree murder is a Class A felony and is punishable by:
- Death, or
- Life imprisonment without eligibility for parole or parole
However, defendants who were under 18 years of age at the time of the offense cannot receive the death penalty under Section 565.033 RSMo.
Second degree murder
Second Degree Murder under Section 565.021 RSMo. occurs when a person:
- Knowingly causes the death of another person (conventional second-degree murder) or
- commits or attempts to commit a crime, and in the commission or attempt to commit such crime or in the immediate escape from it, another person is killed (felony murder)
The main differences from first degree murder are:
- No counseling is required for conventional second-degree murder
- The felony murder rule applies even if the death is accidental
Second-degree murder is also a Class A felony but is not punishable by the death penalty. The prison sentence for aggravated murder is in addition to the sentence for the underlying crime.
Murder vs. manslaughter
Manslaughter is a less serious crime than murder and carries lighter penalties. Under Missouri law, there are two types of manslaughter:
Voluntary Homicide (Section 565.023 RSMo.)
Manslaughter occurs when a person causes the death of another person under the influence of sudden passion arising from a just cause.
“Reasonable cause” is a reason that would reasonably produce in a person of normal temperament a level of passion sufficient to substantially impair his ability to exercise self-control. Classic examples include catching a spouse committing adultery or extreme provocation.
Involuntary manslaughter is a Class B felony punishable by 5 to 15 years in prison.
Involuntary Homicide (Section 565.024 RSMo.)
A person commits first-degree manslaughter when he or she recklessly causes the death of another person. Second Degree Involuntary Manslaughter under Section 565.027 RSMo. applies if you have acted intentionally negligently.
1st Degree Involuntary Manslaughter is a Class C felony with a prison sentence of 3 to 10 years. Second-degree manslaughter is a Class E felony with a penalty of up to four years.
The main differences between manslaughter and murder are:
- Lack of intent or intent to kill
- Sufficient reason and sudden passion for negligent homicide
- Recklessness/negligence rather than knowledge for involuntary manslaughter
What evidence is required to prove murder?
In every murder case, the state must prove the elements of the crime beyond a reasonable doubt. This is a high burden that requires substantial evidence.
The main pieces of evidence used in murder cases include:
- Forensic evidence (fingerprints, DNA, ballistics, etc.)
- Eyewitness statements to identify the perpetrator
- Confessions or incriminating statements by the defendant
- Surveillance footage or other video/audio recordings
- Cell phone location data and digital evidence
- Proof of motive
- Evidence of planning and advice (searches, purchases, etc.)
An experienced murder defense attorney will know how to challenge the state’s evidence and raise doubts. The most common defenses include:
- Misidentification by witnesses
- Improper forensic testing or analysis
- False or coerced confessions
- Alibi evidence
- Lack of mental health (reduced performance, intoxication, etc.)
- Credibility problems with state witnesses
The most common defenses to murder charges are self-defense and defense of others, called the “justification defense.” Missouri law generally allows a person to use deadly force against another person if he or she has reasonable grounds to believe that deadly force is necessary to protect himself, his unborn child, or another person from death, serious bodily injury or to protect against a violent crime. Missouri is also both a “Castle Doctrine” and a “Stand Your Ground” state.
Under the Castle doctrine, a person may use deadly force against another person if the other person has unlawfully entered or remained in a dwelling, residence, vehicle, or private property lawfully occupied by that person. Under the Stand Your Ground Law, a person is not required to withdraw from a dwelling, residence, vehicle, private property, or any other place to which he or she has a right.
Building a strong defense requires a thorough and thorough examination of the evidence. At Rose Legal Services, we often use forensic experts, private investigators, and other professionals to assist with this process.
Can the murder charge be reduced?
In some cases, it may be possible to reduce the murder charge to a lesser crime, such as second-degree murder or manslaughter, through a plea agreement. Factors that could justify a reduction include:
- Weaknesses in the State’s evidence for advice
- Defendant’s lack of criminal record
- Extenuating circumstances (provocation, psychological problems, etc.)
- Evidence problems that could lead to a defeat in the trial
However, prosecutors are often reluctant to reduce murder charges given the seriousness of the crime. Negotiating fee reductions in these cases requires an experienced and reputable attorney.
Ultimately, the decision as to whether to accept an objection offer rests with the customer. At Rose Legal Services, we give each client an honest assessment of their options so they can make an informed decision.
Get the experienced defense you need
If you or a loved one are charged with murder in Missouri, the most important thing is to hire an experienced criminal defense attorney. You need someone on your side who knows how to defend you against these serious allegations.
At Rose Legal Services, we have defended thousands of clients against criminal charges. We know what it takes to win. Our team will investigate your case, challenge the state’s evidence, and advocate for the most favorable outcome.
We understand that this is probably the most difficult thing you have ever experienced. That’s why we attach great importance to being available, answering your questions and supporting you throughout the entire process. We treat you with the respect and compassion you deserve.
Don’t wait to get help. Contact Rose Legal Services today for a confidential consultation. Use our decades of experience to protect your rights and secure your future.
