Depending on the surrounding circumstances, a homicide may be charged as first degree murder, with the possibility of life in prison and no parole. There are many other possible outcomes, which can include having charges dropped because you were acting in self-defense, obtaining an acquittal through trial, or having charges reduced to 2nd degree murder or manslaughter. The outcome depends in large part on the quality of your defense lawyer and his experts. If you are facing murder charges, contact the Law Offices of Geoffrey G. Nathan.
First Degree Murder
Any of the three following factors make a homicide eligible for a first degree murder charge:
- Premeditation - this means there was decision made to kill someone. Premeditation does not mean that there was an intricate plan, only that the accused made a conscious decision after having time to think about.
- Extreme Atrocity or Cruelty - this means there were factors in the killing which elevated it above a normal homicide, such as torture, or the killing itself was exceptionally brutal
- Felony Murder - if a homicide occurs during the commission of another serious felony, such as an armed robbery, bank robbery, or rape, it is first degree murder
Second Degree Murder
Second degree murder is basically any murder which fails to meet the standard of first degree murder. It includes a homicide where there was intent to kill or inflict serious bodily harm, without any legal justification, but where there is a lack of premeditation. The maximum penalty for a conviction is still life in prison, but there could be a chance for parole in 15 years.
Voluntary and Involuntary Manslaughter
Voluntary manslaughter is a homicide committed in the heat of passion. It includes the intent to kill, but also includes a provocation which mitigates the circumstances. Involuntary manslaughter is an unintentional killing that results from a wanton or reckless act, or from a battery with intent to harm. The maximum sentence for both is 20 years.
Self-Defense
The use of deadly force is justified to protect yourself if you hold a reasonable fear of death or great bodily harm, and no reasonable way to escape. In cases of self-defense it is up to the prosecution to prove beyond a reasonable doubt that you did not act in self-defense. If the use deadly force was unreasonable, voluntary manslaughter is a likely outcome.
Contact the Law Offices of Geoffrey G. Nathan
The verdict of a murder trial is often determined by which expert witnesses are more convincing to a jury. Attorney Nathan has contacts with some of the world's premiere forensic experts and physicians, which can be crucial in any case involving DNA, blood, or other biological evidence. He also has the experience and skills needed to plan the correct defense against these most serious of charges. Contact a Boston murder defense lawyer at the Law Offices of Geoffrey G. Nathan today.