First Degree Murder Defenses

If you are implicated in first-degree murder, contact The Big Man, Attorney Joey Franks, at The Franks Law Firm in Jackson Mississippi. There are several defenses he can use to safeguard your constitutionals rights.

Mistaken Identity

Incorrect identity indicates the prosecution has accused the incorrect individual. As an example, the defendant might have an alibi and proof saying they were elsewhere at the time of the murder. Other debates include objections to evidence putting the defendant at the criminal activity scene, including challenging witness recognition and forensic evidence. Additionally, the defense attorney might move to suppress evidence that was collected incorrectly.

Justification

The accused can argue the murder was justified by defense of others, as well as exercise of responsibility.

Self-Defense

The self-defense argument needs to reveal the killing was a reasonable use of force to stand up to the risk of death or physical damage. Insults would not be sufficient, and the defendant can not have prompted the circumstance. The level of force utilized needs to be proportional to the perceived risk, and the accused’s reaction to the danger can not take place after the threat of death or physical injury has passed.

Battered Woman Syndrome

Battered Woman Syndrome can reduce criminal charges against females accused of killing their abusers. The term describes a pattern of mental and behavior signs regularly seen in women living in violent partnerships. Battered Woman Syndrome is not a certain legal defense yet is used to confirm self-defense or insanity claims. The killing can not occur at the same time as the assault or danger that caused it.

Protection of Others

The protection of others can likewise be used as a defense for justifiable homicide. A person can defend another individual from harm if they fairly think that stepping in is justified and the person being helped could have had a genuine self-defense case. Using force must be timely and proportional to the threat encountered. The perceived threat of death or bodily harm needs to be reasonable. If a threatened individual is warranted in using fatal force to protect themselves, somebody else can make use of that exact same force to end the risk.

Exercise of Duty

Acts by law enforcement are justified homicides. If an officer kills someone in the exercise of duty, without illegal intent, foolhardiness, or negligence, the killing usually does not comprise murder. There is no right to use deadly force to resist the police.

Insanity

A Mental disorder and also legal insanity are separate. A lot of states acknowledge an insanity defense in first-degree murder cases. Some people are established to be mentally incompetent to stand trial. They can not recognize a trial’s intent and consequences and can not participate in their defense. They are commonly restricted to a mental health facility until they are competent to go to court.

Mitigation

A partial defense to a murder accusation is a defense that does not acquit a guilty person of the crime they have actually committed however lowers the crime to a lower offense.

Crime of Passion

Infidelity is a mitigating factor in some states. If a married individual comes home and discovers their partner in bed with another and fires on either the spouse or the other individual, they might see their charges decreased to manslaughter. The homicide can not be premeditated.

Duress

Some states permit the accused to assert duress as a partial defense to murder. Most states allow an individual to utilize provocation if provoked to extreme anxiety or anger by the victim’s actions.

Accidental Killing

This type of murder can be classified as voluntary or involuntary manslaughter. Nonetheless, if the unintended homicide took place during the commission of a criminal offense or with criminal objectives, it could be considered first-degree or second-degree murder.

The Big Man is Here to Help

The most significant criminal activity a person can be charged with is first-degree murder. The stakes are high, and penalties can include a life-time in jail or capital punishment. Obtain the best feasible legal defense by calling The Big Man, Criminal Defense Lawyer Joey Franks, at the Franks Law Firm in Jackson Mississippi. His contact number is (601) 773-7777.

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