In Missouri, a person commits homicide when they kill another person located within or under the jurisdiction of the state of Missouri. A person may face criminal liability for homicide when they allegedly kill another person without legal justification. 

Types of Homicide Offenses in Missouri

Missouri law recognizes several classes of homicide, which each reflect the mental culpability of the defendant. Homicide offenses in Missouri include:

• First-degree murder: A person commits first-degree murder if they knowingly cause another person’s death after deliberating or premeditating the conduct causing the other person’s death.
• Second-degree murder: An individual commits second-degree murder by knowingly causing another person’s death or, with the intent to injure another person severely, causes that person’s death. A second-degree murder may also occur when an individual commits or attempts a felony and, in perpetrating or attempting that felony or fleeing from the commission or attempt of such felony, causes another person’s death.
• Voluntary manslaughter: A person commits voluntary manslaughter if they cause another person’s death under circumstances that would constitute second-degree murder while the perpetrator acts under the influence of sudden passion arising from adequate cause. A person can also commit voluntary manslaughter by knowingly assisting another person in committing suicide.
• First-degree involuntary manslaughter: A person commits first-degree involuntary manslaughter by recklessly causing another person’s death. Reckless behavior may include consciously disregarding a substantial risk that one’s actions may severely injure or kill another person.
• Second-degree involuntary manslaughter: A person commits second-degree involuntary manslaughter by acting with criminal negligence to cause another person’s death. A person acts with criminal negligence when they fail to recognize a substantial and unjustifiable risk that severe injury or death will result from their conduct, and such failure constitutes a gross deviation from the standard of care that another reasonable person would act with.

Defenses to Homicide Charges

A defendant faced with a homicide charge in Missouri may assert various defenses to avoid a conviction. For example, a defendant may claim they acted in self-defense or defense of others. In Missouri, a person may act in self-defense or defense of others if they reasonably perceive that another person poses an imminent threat of inflicting violence or injury. Self-defense requires a person to employ reasonable and proportional force. Thus, in a murder case, a defendant must prove that they or another person faced imminent deadly force from the alleged victim.

Other defenses to homicide charges include:

• Mistaken identity
• Alibi
• Lack of or unreliable forensic (DNA, fingerprint, ballistics) evidence
• Lack of proof of the victim’s death
• Sudden passion or provocation (which may decrease the grading of a homicide charge)

Contact a Criminal Defense Attorney Today

If you’ve been arrested and charged with homicide in Missouri, you need highly experienced and dedicated legal representation from a dedicated homicide defense attorney who will fight to protect your rights, reputation, and future. Contact Frank & Juengel Law Group P.C. today for a confidential consultation with our legal team to discuss your options for facing your charges and pursuing a favorable resolution.