There are actually several common defenses that are regularly used to fight
off first degree
Criminal defense attorneys like the ones at our law firm sometimes get the question, “How
could you defend a cold-hearted murderer?” The truth is, the best
defense lawyers play an important role in make sure that Constitutional
rights of the accused are not violated. Even if a man has killed, he still
deserves a fair trial that carefully tests the evidence and he also deserves
to not be punished more than necessary. As we discussed in previous posts,
thissuch a man deserves to be punished appropriately – this can
the man may be guilty of second degree murder, or manslaughter, or even
nothing at all. Take a look at some of the ways a
murder charge may be questioned in court:
- Actual Innocence: The most common and obvious defense is one that proves
the defendant did not perpetrate the killing. There are several ways of
going about this defense: an experienced defense lawyer will have to powerfully
challenge weaknesses in the prosecution’s evidence or help the defendant
demonstrate a convincing alibi. In all unlawful killing cases, the burden
of proof is on the prosecution’s side which means that it must prove
beyond reasonable doubt that the defendant committed the killing.
- Self-Defense or Defense of Others: Even if the prosecution can prove beyond
a doubt that the defendant committed the killing, it must also prove that
the killing was unlawful. One of the ways a killing may be lawful is if
the defendant can successfully argue that the killing only happened because
he or she used reasonable force in self defense to a serious threat. Of
course, it is important that the defendant be sure to prove that the force
used was proportionate to the perceived danger.
Accidents and Defense of Provocation: A killing can be downgraded to a
second degree murder or even voluntary or involuntary manslaughter depending
on the circumstances. In a previous post, we explained that
manslaughter is very different from murder. An experienced defense attorney can help a defendant prove that the killing
was the result of negligence or that it occurred in the heat of the moment.
Of course, each case is unique and the best way to learn what options are
available to somebody facing criminal charges is to consult with a
successful criminal defense attorney. The Kyle Law Firm offers a free consultation to anybody facing criminal
New Braunfels, and surrounding areas.
Contact us online if you’d like to schedule a completely free consultation with some of the best defense lawyers in the country.