If you’re facing murder charges in Missouri, you likely feel overwhelmed and scared about your future. Murder is the most serious crime a person can be accused of. The consequences of a conviction are severe, including decades in prison or even the death penalty.
At Rose Legal Services, we understand the gravity of your situation. For years, our criminal defense team has successfully defended clients against murder charges across Missouri. Let us put our experience and dedication to work for you.
In this post, we’ll explain the degrees of murder in Missouri law, murder vs manslaughter, and the types of evidence needed to prove these offenses. We’ll also address some common questions about murder charges.
First vs Second-Degree Murder
Missouri categorizes murder into first and second degrees based on the circumstances of the offense. The key difference is deliberation.
First Degree Murder
Under Section 565.020 RSMo., a person commits first degree murder if they knowingly cause the death of another person after deliberating upon the matter. Deliberation means to reflect on the act for any length of time, no matter how brief.
First degree murder requires the state to prove beyond a reasonable doubt that the defendant:
- Knowingly
- Caused the death of another person
- After deliberation on the matter
First degree murder is a class A felony, punishable by:
- Death, or
- Life in prison without eligibility for probation or parole
However, defendants under age 18 at the time of the offense cannot receive the death penalty per Section 565.033 RSMo.
Second Degree Murder
Second degree murder under Section 565.021 RSMo. occurs when a person:
- Knowingly causes the death of another person (conventional second degree murder), or
- Commits or attempts to commit any felony, and, in the perpetration or attempted perpetration of such felony or immediate flight therefrom, another person is killed as a result (felony murder)
The key distinctions from first degree murder are:
- No deliberation requirement for conventional second degree murder
- Felony murder rule applies even if the death is accidental
Second degree murder is also a class A felony, but is not eligible for the death penalty. The prison term for felony murder is in addition to the punishment for the underlying felony.
Murder vs Manslaughter
Manslaughter is a less serious offense than murder, carrying lighter sentences. There are two types of manslaughter under Missouri law:
Voluntary Manslaughter (Section 565.023 RSMo.)
Voluntary manslaughter occurs when a person causes the death of another under the influence of sudden passion arising from adequate cause.
“Adequate cause” means cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair their capacity for self-control. Classic examples are catching a spouse in the act of adultery or extreme provocation.
Voluntary manslaughter is a class B felony, punishable by 5 to 15 years in prison.
Involuntary Manslaughter (Section 565.024 RSMo.)
A person commits involuntary manslaughter in the first degree if they recklessly cause the death of another person. Involuntary manslaughter in the second degree under Section 565.027 RSMo. applies if they do so with criminal negligence.
Involuntary Manslaughter 1st Degree is a class C felony, with a 3 to 10 year prison term. Involuntary Manslaughter 2nd Degree is a class E felony, carrying up to 4 years.
The key differences between manslaughter and murder are:
- Lack of deliberation or intent to kill
- Adequate cause and sudden passion for voluntary manslaughter
- Recklessness/negligence rather than knowledge for involuntary manslaughter
What Evidence is Needed to Prove Murder?
In any murder case, the state must prove the elements of the offense beyond a reasonable doubt. This is a high burden that requires substantial evidence.
Some key types of evidence used in murder cases include:
- Forensic evidence (fingerprints, DNA, ballistics, etc.)
- Eyewitness testimony identifying the perpetrator
- Confessions or incriminating statements by the defendant
- Surveillance footage or other video/audio recordings
- Cellphone location data and digital evidence
- Motive evidence
- Evidence of planning and deliberation (searches, purchases, etc.)
An experienced murder defense lawyer will know how to challenge the state’s evidence and raise doubt. Some common defenses include:
- Mistaken identification by witnesses
- Improper forensic testing or analysis
- False or coerced confessions
- Alibi evidence
- Lack of mental state (diminished capacity, intoxication, etc.)
- Credibility issues with state witnesses
The most common defenses against murder charges are self-defense and defense of others, which are known as “justification” defenses. Under Missouri law, a person may generally use deadly force upon another person if he or she reasonably believes that such deadly force is necessary to protect himself, herself, or her unborn child, or another against death, serious physical injury, or any forcible felony. Missouri is also both a “Castle Doctrine” and “Stand Your Ground” state.
Under the Castle Doctrine, a person may use deadly force upon another person if the other person has unlawfully entered or remained in a dwelling, residence, vehicle, or private property lawfully occupied by such person. Under the “Stand Your Ground” law, a person does not have a duty to retreat from a dwelling, residence, vehicle, private property, or any other location such person has a right to be.
Building a strong defense requires a thorough and probing investigation into the evidence. At Rose Legal Services, we frequently use forensic experts, private investigators, and other professionals to aid in this process.
Can a Murder Charge be Reduced?
In some cases, it may be possible to get a murder charge reduced to a lesser offense, such as second degree murder or manslaughter, through a plea agreement. Some factors that could justify a reduction include:
- Weaknesses in the state’s evidence of deliberation
- Lack of criminal history for the defendant
- Mitigating circumstances (provocation, mental health issues, etc.)
- Evidentiary issues that could lead to losing at trial
However, prosecutors are often reluctant to reduce murder charges given the severity of the offense. It takes a skilled and respected lawyer to negotiate charge reductions in these cases.
Ultimately, the decision of whether to accept a plea offer is up to the client. At Rose Legal Services, we give each client an honest assessment of their options so they can make an informed choice.
Get the Experienced Defense You Need
If you or a loved one are facing murder charges in Missouri, the most important thing you can do is hire an experienced criminal defense attorney. You need someone in your corner who knows how to defend you against these serious allegations.
At Rose Legal Services, we’ve defended thousands of clients against criminal charges. We know what it takes to win. Our team will investigate your case, challenge the state’s evidence, and advocate for the most favorable outcome.
We understand that this is likely the most difficult thing you’ve ever faced. That’s why we’re committed to being accessible, answering your questions, and supporting you throughout the process. We’ll treat you with the respect and compassion you deserve.
Don’t wait to get help. Contact Rose Legal Services today for a confidential consultation. Let us use our decades of experience to protect your rights and secure your future.