Classifications Of Murder: What Determines The Degree Of A Murder?

Murder, or criminal homicide, is considered the most serious of felonies and, as such, generally carries the most severe penalties, including, in some states, death. Although there has traditionally been debate over what sorts of acts constitute murder, it is generally defined as the intentional, unjustifiable, and illegal taking of someone else’s life. Although it is generally presumed that murder results in the immediate death of a person, any death that directly occurs to someone else’s actions within a year of those actions may be characterized as murder.

The law classifies murder according to degrees of severity. First-degree murder is the most egregious and sinister type of murder; it involves causing someone else’s death through forethought, deliberation, and/or malice. Those convicted of first-degree murder have been found guilty in a court of law of purposely acting upon another person with the intent of causing great harm or death.

Second-degree murder, or voluntary manslaughter, arises out of spontaneous and sudden emotion. Those convicted of second-degree murder have been found guilty of acting out of overwhelming anger, fear, or jealousy.

Finally, third-degree murder, or involuntary manslaughter, is an act of murder that was committed without forethought or malice. These “accidental” murders usually occur due to reckless or wrongful use of firearms, drugs and other medications, explosives, motor vehicles, and other objects that can be deadly when misused. The charge of third-degree murder is often founded on an act of negligence, or a failure to act as a reasonable person would under similar circumstances.

Further complicating murder trials are issues of state of mind, upon which the degree of murder hinges. Prosecuting attorneys must prove that the criminally accused was in the state of mind consistent with first-, second-, or third-degree murder in order to convince the court that the accused should be found guilty of a given type of murder. This is particularly difficult in cases involving people who are permanently or temporarily mentally challenged or disabled. An experienced criminal defense attorney will often be able to negotiate a lesser charge on behalf of
1000
his or her client.

By: Daniel Beasley

Article Directory: http://www.articledashboard.com

The Beverly Hills attorneys at Cavalluzzi & Cavalluzzi are skilled criminal defense attorneys serving West Hollywood and surrounding areas. If you have been arrest for murder, our lawyers serving West Hollywood can help you.

When it comes to defending you or a loved one in a criminal proceeding, you cannot take chances with your legal representation. This is an entirely different situation than if you are hiring an attorney to handle some business or other non-criminal matters. In a criminal trial, your very life or livelihood could be at stake. The advice in this article will help you hire the right criminal defense lawyer.

Possibly the number one thing you need to keep in mind is that you should hire a lawyer experienced with your kind of case. So it goes without saying that he or she needs to be a criminal lawyer. No business attorneys, no divorce lawyers, no personal injury lawyers. You need a specialist in the area of criminal law. But don’t stop there!

Does the lawyer have experience with your type of case? Federal crimes are different from state crimes. Felonies are different than misdemeanors. Is it on record that your potential lawyer has handled cases like yours?

After narrowing down your potential list of lawyers to those who have the right experience, the next step is to set up appointments to go talk to them. Every lawyer is different and does things a different way. So the main thing is to make sure it is a lawyer you feel comfortable with and who will not push you to do something you don’t feel is right, such as taking a plea.

Another factor in hiring the right attorney may be your own opinion of how winnable your case is. If the evidence against you is very strong, you might be better off to hire an attorney with a history in negotiating favorable deals for his clients. If the evidence is weak, then you may be better off with a monster in the court room.

And don’t forget about the money part. While it probably should not be your number one consideration for a criminal lawyer, you should hire a lawyer whose terms you agree with. Some lawyers will only charge a flat fee for certain types of cases, although a complicated criminal case is generally going to involve an hourly rate.

Hiring the right criminal defense lawyer is a big, big decision. Consider all of the above factors, and then go with your gut. Make a decision that you are comfortable with, and then hold on tight. A criminal trial is a wild ride.

If you are looking for a New Jersey criminal defense lawyer, then meet Clark & Clark, LLC. Former prosecutors turned criminal defense attorneys, the lawyers at Clark & Clark have handled hundreds of criminal trials, including over 100 felony jury trials. They have the experience and dedication to make sure their clients’ cases are dealt with properly.

Article Source:

http://EzineArticles.com/?expert=Jerry_L_Work

Like this post? Subscribe to my RSS feed and get loads more!