Murder

Homicide cases are among the most interesting and difficult cases from the lawyer’s perspective. They involve high stakes and require the most experienced and talented lawyer you can retain. Because the case is missing the main witness, and because homicides usually do not happen in public, they require a reconstruction of what happened from clues found on the body, at the scene, and what witnesses heard or saw.

When someone is charged with a homicide, it means they could be convicted of something ranging between Involuntary Manslaughter (reckless act resulting in death) to First Degree Premeditated Murder.  Murder is usually the intentional killing of another human being with malice, which means without legal justification.  Manslaughter is either the intentional killing of another in the heat of passion or the reckless unintentional killing of a person.  At the onset of a case, the accused is generally charged in a way that covers the entire range of homicide crimes.  What happened in any particular case is usually a matter of intense analysis and extensive investigation.

The attorney needs to be experienced in a lot of areas so they can spot potential evidence to help their clients. Some of these areas involve forensic evidence such as autopsy, DNA, blood spatter, fingerprints, toxicology, firearm/ballistics, and crime reconstruction. While the attorneys rely on experts, an experienced homicide attorney knows what trails to follow and develop.

The attorney needs to also be experienced in psychology and mental state defenses.  Many of these cases involve self-defense or the heat of passion, which can reduce the case to manslaughter or even to a not guilty verdict.  Some of these cases involve defeating premeditation or showing mentally diminished capability to reduce the degree of murder to second degree or reduce it further to manslaughter.  This requires an in-depth understanding of human behavior and the human mind.  Psychologists or psychiatrists are often needed and work closely with the lawyer to analyze the conduct between the parties to mitigate the mental state of the accused.

If some other person was the killer, the investigation needs to focus on proving that fact either with direct or circumstantial.  In this situation, you might not be able to show exactly who did it, but you may be able to show that it is likely that another person committed the killing. This requires a team effort between the accused, the lawyer, and a private investigator. Leads must be followed that would show a possible motive and the opportunity and means for another person to have killed the deceased.