Minnesota Murder Lawyer Talks Possible Defenses
Murder is the most serious and frequently brutal charge anybody can face in the criminal justice system. Minnesota also aggressively prosecutes these charges. Frequently, the high profile nature of the charges and the impact from the media and the public in general drives the police and prosecutors to spend enormous resources in order to investigate, document, research, interview, interrogate, charge and, if they can, convict people of these kinds of charges. While there are various kinds of murder, homicide, and manslaughter charges, this article will focus on possible murder and manslaughter defenses. If you are facing charges or even an investigation, call Jack Rice Defense for a free confidential consultation at 651-447-7650 or fill out the confidential form and Jack or his team with follow up.
Building a Defense Against Murder/Manslaughter/Homicide Charges
When facing murder charges, it is important to build a defense stone by stone, wall by wall, shingle by shingle. It needs to be as solid as possible and address the assaults that the prosecutor and police will throw at it. The State also has limitations too. Investigators can be myopic. If they think they have to perpetrator even if they are wrong, they start looking for anything to support that, even if it makes no sense. However, there are generally four defenses to work with in murder, manslaughter and homicide cases.
Mistaken Identity. Mistaken identity is synonymous with “you got the wrong guy.” Simply put, mistaken identity means that somebody died but you didn’t do it. While this may seem simple and obvious, it can still create dramatic challenges because investigators frequently become myopic during their investigations. If they think you did it, they look for evidence that supports that contention regardless of whether it makes sense. Hence, inconsistent statements which can always happen and they use it as proof of the murder. They may also use a lack of alibi meaning if we don’t have independent proof of where we might have been, it shows guilt. And yet, who has that 24 hours a day? However, forensics, witnesses and other evidence can frequently be helpful to support this kind of defense.
Justified Homicide. There are instances when a homicide may not be a crime. The most common justifications for homicide are self-defense and defense of others. If you acted with reasonable use of force to a reasonable threat of death or great bodily harm to yourself or another, it is justifiable homicide.
Misfortune or Accident. If you killed somebody by accident while performing a lawful activity, it is not a crime, so long as you weren’t acting recklessly or negligently. In the event that there was recklessness or simple negligence, that may be enough to reduce murder charges to manslaughter or criminal vehicular homicide something lesser.
Insanity. A difficult but sometimes applicable defense is Insanity. If somebody has mental illness and they are cognitively unable two to appreciate the consequences fo what they did, an insanity defense may apply. While this defense typically applies in less that 1% of all murder cases, it may apply either by showing that the person didn’t understand the killing was wrong or if they are simply unable to participate in the defense of their case.
Sometimes, the best defense is a good offense. Show how it couldn’t have been you.
If the police are investigating you or a loved one for a murder or if you you’ve been charged, you need experienced representation and somebody who knows how to build a proper defense. Jack Rice is an award winning, nationally known criminal defense attorney. Call Jack Rice Defense for a free confidential consultation, 651-447-7650 or fill out the confidential form and Jack or his team with follow up.