Being charged for a murder can be one of the most stressful and life-changing things you’ve ever faced, but what if you didn’t actually commit the murder in question or there was a reasonable excuse for the murder, such as defending oneself? There are two types of defenses that you will be able to bring for first degree murder charges, which include the fact that you did not commit the crime, and admitting that a crime was committed but not first degree murder. Today we will take a look at some of these defenses.
Mistaken Identity: In these cases, you the defendant would claim that you were not the one that committed the murder and you were wrongly charged. You may have a valid defense if you have an alibi and can prove that you were not at the scene of the crime, such as in cases where you were in a different state when the crime occurred. Perhaps you can prove that a witness misidentified you because you look similar to the actual defendant. There are many varieties in these cases.
Self-Defense or Defense to Others: If you used a reasonable force against somebody, then self-defense would hold in a murder charge. Let’s suppose that somebody had a gun to your head and was threatening to kill you. If you grabbed ahold of a knife and stabbed them, accidentally killing them, this could be seen as self-defense to get out of that dangerous situation. However, you are required to first attempt to avoid the danger as much as possible before taking drastic measures in retaliation.
Accident: If an accident led to the death, then it is not murder. However, certain crimes can lead to murder even if they were deemed an “accident.” Perhaps a parent used too much force in discipline and it led to the death of a child – in these cases, it could be pushed into the realm of first degree murder.
Insanity: Perhaps you did not realize that the act of murder was wrong because of insanity. However, this defense will not always apply, or get you the best results.
Because these defenses can be difficult to prove at times, it is always a good idea to turn to an attorney that has experience in these cases. If you have been charged with first degree murder, call us today. We can help.