Criminal Defense: Murder Homicide Attorney
The act of one individual killing another individual is often referred to as either murder or homicide. However, there is a significant difference between the these two acts. While both murder and homicide do refer to the act of killing another, the circumstances surrounding the death will determine if the act should be classified as homicide or murder.
Homicide may sometimes be justified while murder is never justified. The two things that must be considered in a murder or homicide case are:
Actus reus is proof that a defendant committed a criminal act, while mens rea is used to ascertain whether the defendant intentionally committed the act or acted with criminal negligence. Actus reus and mens rea will both be used to determine whether an individual should be charged with homicide or murder.
Have you or someone you know been charged with murder or homicide? If so, an experienced lawyer can help. Contact a murder / homicide defense lawyer in your area to discuss your case.
Murder can be defined as homicide with the malicious intent to kill, more traditionally known as malice aforethought. This malice can be either expressed or implied. For example, if at the time of the commission of the crime the defendant was carrying a deadly weapon, an intent to kill would be implied by the presence of this deadly weapon. The courts would presume that the individual carrying the weapon intended to use the weapon, and this apparent expression to do harm is considered implied. Expressed malice, however, is a clear and deliberate intention to do harm. Murder as the result of criminal negligence also involves malice, but this malice is considered reckless disregard rather than intent to do harm.
Murder is classified as either:
First-degree murder is categorized as deliberate, premeditated, and malicious. In cases of first-degree murder, the defendant thought about killing the victim and then made a clear-headed decision to do so without any just cause. Second-degree murder occurs when a defendant kills a victim without deliberation or premeditation. While the killing is intentional, the murder was not planned in advance or well thought-out. Felony murder occurs during the commission of felonious acts such as robbery, burglary, rape, and kidnapping.
Murder / homicide attorneys can provide expert legal guidance and counsel to those accused of killing another. The taking of a life is a serious matter, whether intentional or not. Murder and homicide defendants need to be represented by murder/homicide lawyers that are experienced and experts in this field of law. The penalties for killing another, especially in cases of murder, can be severe. Defendants need the help of a law firm that will fight for their rights and make the defendant's best interests a top priority. Individuals charged with these crimes should contact a murder / homicide attorney immediately. A murder / homicide lawyer will begin working on the case immediately and will work diligently to achieve a satisfactory outcome.
If you have you been accused of murder charges, contact a murder / homicide defense lawyer in your area as soon as possible to defend your case today.
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