Festus, MO Homicide & Murder Defense Attorneys

Defending You From Homicide Charges

The killing of another human being is a serious crime anywhere. In Missouri, however, it’s one of the most serious crimes that a person can commit, and the state treats it as such. Because of that hardline stance, the government almost always tries for the maximum penalty possible in these cases.

The state government and the prosecution are not concerned with what your reasons were for taking someone’s life. You may have killed someone in self-defense and perhaps you believe you can prove that. That does not necessarily change the stance of the state.

In most instances, the standard belief is a life for a life. The accusation and the verdict will go on your record, and it will likely remain there permanently. That is why, if you’ve been accused of killing someone, you need to seek the best legal help you can find. The stakes are as high as they can be for both you and your loved ones.

At Grafe & Batchelor Attorneys at Law, we are experienced criminal defense lawyers who are dedicated to defending people accused of murder and/or manslaughter.

Call us today at 636-933-9151 to schedule a free consultation and discuss your case.

What Constitutes Homicide Offenses in Missouri?

In its most basic terms, homicide is defined as the act of intentionally or unintentionally killing another person. Because that is a broad definition, the state of Missouri recognizes that homicides can be divided into different types and categories, and understanding the differences and distinctions between them can make all the difference in your defense.

First-Degree Murder

According to Missouri’s Revised Statute 565.020, “a person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation on the matter.”

Given the parameters of that statute, for your case to be tried as a first-degree murder, two key components must be present:

• The demise of a person
• A clear and premeditated intent to take that person’s life

In first-degree murder cases, the job of the prosecution is to attempt to prove that the actions of the accused were premeditated and that they knowingly decided to take that person’s life.

A clear example of first-degree murder would be the kidnapping and killing of a person in a designated location. A crime like this would show that the accused had the clear intention of killing someone (even if that person was a stranger) and had opportunities to change their mind.

Second-Degree Murder

In second-degree murder cases, the accused often knowingly kills someone; however, it can also apply if the intention to inflict grievous bodily harm on a person instead results in their death.

Someone can also be found guilty of second-degree murder if they killed someone while carrying out an illegal act or while they were trying to escape after the fact.

Another example that applies: if two people get in a fight and one person has the upper hand, they can be found guilty of second-degree murder if they continue to assault the other party resulting in the death of the other person.

The mindset (meaning the thoughts and actions) leading up to this type of murder can be either rational or irrational. Frequently, the most significant difference between second-degree and first-degree murder is the lack of premeditation.

What About Manslaughter?

There are two types of manslaughter cases:

Voluntary Manslaughter

Voluntary manslaughter is a type of second-degree murder that includes the element of passion as defined by the law. It usually involves killing another person in the “heat of the moment” or in a fit of rage. This charge also applies to anyone who helps someone commit self-murder.

Involuntary Manslaughter

Involuntary manslaughter involves causing the death of someone through criminal negligence. An example of this would be a driver veering into a pedestrian lane and running a pedestrian down because they were texting on the phone and weren’t looking at the road.

What are the Penalties for Murder/Homicide in Missouri?

At Grafe & Batchelor, P.C., we know that homicide charges are among the most serious offenses in Missouri’s criminal justice system, carrying life-altering penalties. Missouri law classifies homicide offenses into varying degrees, each with its own legal consequences. Understanding the distinctions between these charges and their potential penalties is crucial when building a defense.

First-Degree Murder Penalties:

First-degree murder is a Class A felony in Missouri and carries the state’s most severe penalties. This charge typically applies when the prosecution alleges that the killing was deliberate and premeditated. Missouri remains a death penalty state, meaning a conviction for first-degree murder could result in a death sentence or life imprisonment without the possibility of parole. These cases are prosecuted aggressively, and defending against them requires careful analysis of the facts and circumstances.

Second-Degree Murder Penalties:

Second-degree murder is also a serious charge, prosecuted as either a Class A or Class B felony. Unlike first-degree murder, second-degree charges do not require premeditation but involve intentional or reckless acts leading to another person’s death. Penalties for second-degree murder often include a prison sentence of 10 to 30 years or even life, depending on the case details. When the circumstances involve a heat-of-passion killing, such as voluntary manslaughter, the court may classify the charge as a Class B felony. Voluntary manslaughter can result in a sentence ranging from 5 to 15 years in prison.

Involuntary Manslaughter Penalties:

Involuntary manslaughter, a Class C felony, typically involves unintentional killings caused by reckless or negligent actions. Examples include driving under the influence or other behaviors that create a significant risk to others. A conviction for involuntary manslaughter can lead to up to 7 years in prison and/or substantial fines. While the penalties are less severe than those for murder, a conviction still leaves a lasting impact on your life and future.

Missouri courts take all forms of homicide seriously and impose harsh sentences on those convicted. Facing these charges can feel overwhelming, but you don’t have to navigate the legal process alone. At Grafe & Batchelor, P.C., we defend clients against homicide charges, working tirelessly to analyze evidence, challenge the prosecution’s case, and build a defense strategy tailored to your situation.

If you or someone you care about is facing charges related to homicide, including first-degree murder, second-degree murder, or manslaughter, it’s crucial to act quickly. Contact our team to discuss your case and take the first step toward protecting your future.

Book an Initial Consultation Today

From your life, to your freedom, to your relationships with friends and family, everything you love is at stake in a homicide case. That is why you need competent and seasoned criminal defense attorneys who have experience in homicide trials.

Grafe & Batchelor Attorneys at Law are highly skilled criminal defense lawyers in Jefferson County, MO. We have decades of experience, which gives us the ability to help you get a favorable outcome in your homicide case.

You deserve all the help you can get, and it should come from accomplished and dedicated attorneys who have experience with cases like this.

Contact us today at 636-933-9151 to schedule a free consultation.