Arrested For Murder – Is It The End?

Arrested For Murder

First degree murder charges are incredibly serious, as it is one of the most dangerous crimes there is. If you plan your defense wrong you may even end up with a life sentence. But still, there is no reason to panic if you get yourself a good legal advice. There are generally two defense strategies with that charge: defendant admits that he had committed murder, or defendant denies that accusation. A defendant who has admitted to committing murder can assert that it was committed in self-defense or that they were not liable, for example by being incapacitated. It is a good way to get clear of that charge; that is if the defendant has sufficient proof to present to the court. About limitations of self-defense in Texas, you can read here.

Another argument that defendant can use is that prosecution hasn’t proved that defendant killed deliberately, willfully, etc. Also, that argument, while may be supported by further proof by the defendant, does not require that proof, since it is the prosecution that should provide evidence about crime details. As it stands, legal defenses can vary by state, and by facts present in the current case. So it is highly recommended that defendants should consult their attorney that is versed in the state’s laws. Following are defense avenues that defendant can use if they are Accused of Murder.

Mistaken identity defense

One of the most used arguments that defendants use in the first degree murder cases is that prosecutors charged the wrong person or that of mistaken identity. The defendant usually tries to support that assertion by presenting an alibi, evidence that they were somewhere else and therefore could not commit the crime they are accused of. Another avenue that defense may pursue is that of a challenging of the evidence that asserts that defendant was at the crime scene, such as witness testimony and even forensics results.

Justifying a homicide

Of course, not every homicide is a first degree murder. One of the most common legal justifications for a homicide is that of self-defense or the defense of others.

Murder for self-defense

If the defense decides to follow that avenue, then it must show to the court that the killing was a result of a perceived threat that was sufficient to inflict in the defendant a fear of bodily harm or even death. As such, the defendant cannot be an instigator of violence and should have used force that was proportional to the perceived threat. Besides that, defendant’s first response, by some states’ requirement should be an attempt to leave the danger, and only if that failed should they resort to violence.

Simple example: if the defendant is attacked and manages to incapacitate the attacker using non-lethal methods, for example, a stun gun, then their next action should be to flee the danger and not killing the attacker. That requirement differs if a person is attacked in their house, depending on a state.

Killing while defending others

Sometimes the only way to protect another person will be to commit a killing. Defense of others usually meets the same requirements as self-defense: timely use of force attempts to leave a dangerous situation, not initiating violence and facing the reasonably perceived threat.

Exercise of duty

In a line of law enforcement, there are times when usage of lethal force is justified. As such, killings that were committed in certain circumstances are not classified as first degree murders or even usual murders. As long as such an act was not committed with a negligence, unlawful intent and recklessness and in the exercise of duty, then it qualifies as justified homicide.

Murder as an accident

Accidental killings, depending on the circumstances and state laws, do not usually constitute murder. Some of those accidents may lead to being charged with manslaughter but it will still not constitute as first degree murder unless that accident takes place during the criminal activity committed by the defendant.

Insanity

In the most states insanity, defense in case of first degree murder accusation is recognized as valid one. That defense usually requires psychological tests of the defendant, as they should not be able to recognize the wrongness of their action to be marked as insane.

If you are arrested for murder, you should contact a criminal defense attorney familiar with state laws to discuss your case and work out possible defense avenues against a first degree murder charge.

How to Find a Winning Lawyer

Are you in need of a lawyer? If you are than you are probably not feeling like searching the planet for a good one. From divorce lawyers to ones that specialize in auto accidents, it is not easy to find the right one for you. You could look in the Yellow Pages however, you will be greeted by hundreds of listings. If you have never had to deal with something such as this before you are likely feeling ill by now. Not only are you stressed out about your situation at hand but not you have added stress of trying to find a decent lawyer. Your average person does not have a lawyer in their address book like they might have doctors, dentists or pizza places. If you don’t have one in your address book than you certainly don’t have one on speed dial either. Next question, where should you start looking for a lawyer? Besides the telephone book, you could check out the internet. Again, you will be overwhelmed by the results. With so many choices to choose from, how can you know which lawyer is the right one for you? According to an article, there are a few steps that should be followed in order to locate yourself a winning lawyer. Some of the factors to consider when looking for a lawyer include: conducting your own background check, asking around with other attorneys and lawyers, consulting Martindale-Hubbell Law Dictionary, conducting your own interview of the lawyer you have in mind, and touring the office of the lawyer you are interested in hiring.

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How To Deal With A Court Case

Finding out that you have to go to court is not fun or stressful to anyone. This is because court can dramatically change your finances, the outcome of your life, as well as how other perceive you. If you have a court case coming up and you would like to do your best, it’s vital to make sure that you’re doing the most research you can and preparing yourself for the court date. The stress of the date greatly depends on a lot of different factors, namely if you’re a defendant or persecution, but even if you are on the accusatory side, it’s a good idea to prepare yourself as well as you can.

The first thing you should do when you know that you have to go to court is to make sure that you have contact with a lawyer, in some way or another. If it’s not a huge case, it might be a good idea just to hire legal counsel, but if there is a large risk involved, it’s best to hire a lawyer as soon as possible. When you’re looking for a lawyer you want to hire someone that has history and knows how to deal with your cases. You’ll be wanting to look for a specialist, especially if your case is specific. If you’re looking to get the most out of your attorney, meet with them beforehand and make sure that they are dedicated to your case.

Next, you should make sure that you know your case through and through. When you’re dealing with a court case, you could leave everything to your lawyer, but it’s important that you know exactly what is going to happen and what will work for you. You should also make sure that you’re taking care of yourself, de-stressing, and getting all your vitamins in. Eating healthy, exercise, and vitamins from Vitacost can go a long way to helping you deal with a court case.