Missouri law separates murder into first and second degrees, each with its own definition and punishment. Knowing the difference between murder and other types of homicide and what the possible penalties are demonstrates why having an experienced defense attorney matters.

Homicide vs. Murder

You may have heard the terms “homicide” and “murder” used interchangeably, but there’s a difference. Homicide is any situation where one person causes the death of another, even unintentionally. In contrast, murder is a specific type of criminal homicide. Murder happens when someone intentionally causes another person’s death.

First-Degree Murder

First-degree murder involves knowingly causing the death of another person after deliberation. “Deliberation” doesn’t require a detailed plan – it simply means you made a conscious decision to kill, even if the decision happened quickly.

This charge is the most serious form of homicide under Missouri law. It’s a Class A felony, which is the most serious classification. If you’re convicted of first-degree murder, the sentencing options are life in prison without the possibility of parole or the death penalty.

The death penalty is only imposed after a separate sentencing phase. The prosecution must prove specific aggravating factors. These include:

• Killing an elected official, law enforcement officer, judge, prosecutor, or fireman acting in the line of duty
• Killing someone while committing another serious felony, including robbery, rape, burglary, or kidnapping
• Killing someone in an “outrageously or wantonly vile, horrible or inhuman” manner (such as torture)
• Killing someone while hijacking an airplane, train, ship, bus, or “other public conveyance”
• Killing someone in an attempt to cover up another crime
• Killing someone while participating in criminal street gang activity

Second-Degree Murder

Second-degree murder involves three broad situations:

• Knowingly causing someone’s death without deliberation, or
• Killing someone while intending to cause serious physical injury, or
• Causing someone’s death while committing or attempting to commit another felony (such as burglary or arson), even if you didn’t intend to kill anyone

This third category is commonly known as felony murder. You don’t need to have planned the death or even directly caused it. If someone dies during the course of a felony you’re involved in, you could still be charged with second-degree murder.

Second-degree murder is also a Class A felony, but the penalties are less severe than those for first-degree murder. If convicted, you face:

• 10 to 30 years in prison, and
• Up to life imprisonment, with possible parole eligibility

Other Consequences of a Murder Conviction

A murder conviction affects far more than your prison sentence. You could lose basic civil rights like voting or owning firearms. The conviction will follow you for the rest of your life, which affects employment, housing, and family matters. Finally, any effort to reduce a sentence or seek parole down the line depends heavily on the specific offense and your record while incarcerated.

Common Defenses to Murder Charges

Being charged with murder doesn’t necessarily mean you’ll be convicted – especially if you work with an experienced attorney. There are several common defenses, depending on your situation. These include:

• Self-defense or defense of another person
• Lack of intent or accidental death
• Mistaken identity or false accusation
• Mental health issues (insanity defense)

In some cases, your charge may be reduced to a lesser offense, like voluntary manslaughter.

Discuss Your Case with Knowledgeable Missouri Criminal Defense Attorneys

Murder charges involve complex legal rules and a high burden of proof. Prosecutors must prove every element of the charge beyond a reasonable doubt. You have the right to challenge that evidence and present a defense. A skilled attorney will build a custom defense and fight to protect your rights throughout the process.

If you’ve been charged with murder, or if law enforcement is questioning you about a suspicious death, contact Frank & Juengel Law Group P.C. to find out how we can help.