Murder is the most serious crime that you can be charged with, and it carries a substantial penalty. As such, if you or a loved one have been arrested and charged with murder, you will want to hire a criminal defense attorney to represent you. A criminal defense lawyer will raise possible defenses that may help to raise reasonable doubt in the mind of the judge or jury that you may not be the person responsible for the crime that you are charged with. Read on to learn more about the common defenses a criminal lawyer may raise if you have been charged with murder.
If there is no way you could have committed the murder, the factual impossibility defense may be used. You may have been out of the state or country at the time the murder took place, you may have been photographed or on camera at another location when the crime was committed, or you may have disabilities that prevent you from committing the murder in the manner in which it was committed.
If you live in a state that has a self-defense law, a criminal defense attorney may raise this defense if there was a struggle. Your lawyer may argue that you only committed the crime because you feared for your life or your life was in danger.
If you or a loved one has a mental illness, a criminal defense lawyer may use an insanity defense. It is important to note that if the courts find you legally insane, you may not be released from jail and free. This defense allows you to be institutionalized, instead of jailed, helping you to get the mental help you may need.
Not Meeting the Definition of Murder
The last common defense that is used by defense attorneys in murder cases is arguing that your case does not meet the definition of murder. They may argue that you should be found guilty of lesser crimes, such as homicide or manslaughter. This is a common tactic that is used if there is substantial evidence you are guilty of killing an individual, but that killing may not meet the legal requirements of a murder charge.
These are the most common defenses that a defense attorney may use to help you if you are charged with murder. However, they are not the only defenses that may be raised. If you or a loved one have been charged with murder, reach out to a criminal defense attorney to learn more about the possible defenses they may raise based on the specifics of your case.Share