Murder

What You Need to Know and How an Overland Park Murder Lawyer Can Help

Few things in life are as stressful as being accused of murder. While any charge like this must be taken very seriously, it is important to remember that not all homicide cases are the same. Kansas has different degrees of murder, as well as manslaughter charges, depending on the facts of the case and the evidence available.

Understanding Capital Murder in Kansas

Under Kansas law, capital murder is the most serious charge for a homicide in Kansas. It is reserved for those who kill with premeditation and intention in various instances, including, but not limited to:

Killing a police officer
Killing of an adult or a child under the age of 14 during a kidnapping (or an aggravated kidnapping with intent to commit a sexual offense)
Multiple victims
Murder for hire
Murder during the course of another serious, violent felony

Conviction of capital murder can lead to life in prison without parole, and in certain cases, the death penalty.

The Different Types of Murder and How an Overland Park Murder Lawyer Can Help

While capital murder is the most serious of all murder charges, there are various levels or degrees of murder, such as:

First-Degree Murder

Kansas’ first-degree murder charges can come in two forms:

Intentional and premeditated killing
Murder committed during the course of an “inherently dangerous” felony (the “felony-murder” rule)

Penalty for first-degree murder: Life in prison. Parole eligibility depends on the circumstances, and “life” can be 25 years or 50 years.

How a lawyer can help: Prosecutors may use circumstantial evidence to prove premeditation. Jerry Merrill, Attorney at Law, can present evidence or testimony to dispute this fact, which can reduce charges to a lesser degree of murder or even manslaughter. In felony-murder cases, Jerry may be able to challenge the determination that the felony was “inherently dangerous” or that the defendant even played a role in it.

Second-Degree Murder

Second-degree murder covers two scenarios:

An intentional killing that was not premeditated
A killing caused by reckless or negligent behavior showing extreme indifference to human life

Penalty for second-degree murder: Sentences for intentional second-degree murder can range from more than a decade to multiple decades in prison, depending on the exact circumstances. Sentences for reckless second-degree murder tend to be shorter.

How a good murder attorney can help: Second-degree murder can be more difficult to defend because it often turns on what was going on in the defendant’s mind at the time of the crime. A good lawyer can question whether the act was really intentional, or whether the conduct was reckless to the degree that the law requires. Witness testimony, incident reconstruction, and other forms of expert testimony may all play an important role in building a strong defense.

Manslaughter vs. Murder

Manslaughter is also a serious charge, but it involves less intent than murder. Kansas law distinguishes between two types of manslaughter:

Voluntary Manslaughter

Voluntary manslaughter is when someone knowingly kills another person during a sudden argument or while honestly (but unreasonably) believing self-defense is necessary.

Penalty for voluntary manslaughter: Voluntary manslaughter is a felony punishable by several years in prison, plus potentially large fines.

How an attorney can help: The primary issue in voluntary manslaughter cases is often a matter of emotion and provocation. Jerry Merrill, a skilled Overland Park murder lawyer, can argue that the client acted in the heat of the moment and did not have the necessary premeditation required for murder, which can sometimes move the case in the eyes of the jury or prosecutor to a less serious charge.

Involuntary Manslaughter

This involves unintentionally killing another person, most often due to reckless or negligent conduct. Examples include vehicular homicide and other accidents caused by operating a car or other machinery recklessly or illegally, and mishandling a firearm.

Penalty for involuntary manslaughter: Involuntary manslaughter is a felony, but with lower maximum penalties than murder or voluntary manslaughter.

How a murder lawyer can help: In such cases, your attorney may point out that the accused person’s actions may not actually meet the legal definitions of recklessness or negligence required. An attorney can also push for other sentencing options, like probation or diversion programs, instead of jail or prison time.

Murder and Manslaughter Penalties at a Glance

Capital murder: Life without parole or the death penalty in some cases.
First-degree murder: Life in prison with possible parole after decades (depending on the specifics of the case).
Second-degree murder: Long prison sentences of 9 or more years, but shorter than first-degree murder.
Voluntary manslaughter: Prison terms of several years, as well as the possibility of heavy fines.
Involuntary manslaughter: Lower felony class with correspondingly lower penalties.

Note that even the “lesser” charges can involve years of lost freedom, ruined careers, and criminal records that will haunt a person for the rest of their lives.

Kansas Murder Statute of Limitations

Kansas has no statute of limitations for murder. This means that there is no time limit within which the state must file murder charges, although in practice, charges must still be filed within a few years after the alleged incident. There is some limited relief available to defendants in some cases under special circumstances, but it is very important to work with an Overland Park murder lawyer immediately if accused of murder.

Defense Strategies for Homicide Cases

Each case is different, but some common defense strategies in murder and manslaughter cases include:

Self-defense
Lack of intent
Mistaken identity
Challenging forensic evidence

Don’t Go It Alone – Work with Jerry Merrill, Attorney at Law

The most important step a person can take if they are facing murder charges in Overland Park or elsewhere in Kansas is to talk to a well-versed criminal defense lawyer as soon as possible. Having a knowledgeable and experienced murder lawyer is often the most important difference between spending the rest of one’s life in prison, serving a shorter sentence, or even experiencing no jail time at all and having the charges dismissed.

At Jerry Merrill, Attorney at Law, we know how to fight these cases and understand the law in Kansas. We work to secure the best possible outcome and help our clients through this difficult time. Contact our office today for a free consultation.