Defenses to a Homicide Charge
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
What is the Legal Definition of Homicide?
Homicide is defined as the unlawful killing of another human being. The legal definition of homicide includes several types of acts including intentional crimes like murder and involuntary acts like manslaughter. Each classification of homicide crimes carries with it different legal consequences. Also, the types of defenses available for each homicide crime may vary depending on the nature of the crime.
How do Homicide Defenses Work?
In a homicide charge, the purpose of a defense may not always be to completely remove the charges. Instead, it is common for the defense to serve the purpose of reducing a more serious type of homicide to a less serious charge. An example of this is when the defense is used to reduce the defendant’s charges from first degree murder to involuntary manslaughter.
In order to be found guilty of homicide, the prosecution must prove that the defendant acted with the required mental state. For example, in first degree murder, criminal defense lawyer must prove that the defendant acted intentionally and premeditated the act. Many defenses to homicide are based on a lack of the required mental state
What are the Different Types of Homicide Defenses?
Some of the common defenses available for defendants charged with homicide include:
- Self-Defense (“justifiable homicide”): It is a defense to homicide if the person has acted out of self-defense. The defendant will usually be required to prove that they did not initiate the violence, and that they used an equal amount of force in responding to the aggressor
- Insanity: Criminal laws outline various defenses under the category of insanity. It usually must be proven that the defendant was not mentally sound at the time of the act, and that they lacked the required mental state for homicide. Records will indicate that the defendant claimed an insanity defense, which may have consequences in other areas of the defendant’s life
- Intoxication: This type of defense is usually used to reduce murder charge to less serious charges. Intoxication sometimes has the effect of rendering a person unable to form the required mental state for homicide.
- Duress/Necessity: If the defendant was forced to commit the killing, it may be a possible defense. For example, if they were held at gunpoint and forced to kill another person, it may relieve them of the charges. Not available for murder charges.
- Mistake: Mistakes of fact can be a defense, but not a mistake of law (i.e., the person was unaware of felony-murder statutes). The fact ual mistake must serve to negate the required mental state for the homicide charges. Also, the conduct must have been lawful if the mistaken facts were true.
- Defense of Property: It usually must be proven that the intruder or trespasser had threatened the life of the property owner
- Unconsciousness: The defendant was unconscious at the time of the killing, for example, they were sleepwalking
- Crime Prevention: If the defendant committed a killing in the course of preventing a crime, it can be a defense if is proven that they were reasonable in their intervention
- Entrapment: A defense exists when a law enforcement agent or officer encourages, induces, or solicits a person to commit a homicide which they would not otherwise have committed
Do I Need a Lawyer for Homicide Charges?
If you are faced with homicide charges, you should consult with an attorney immediately to see if any are defenses are available. As you can see, homicide charges do not necessarily result in a guilty sentence. An experienced criminal defense lawyer may be able to help you get the charges removed or reduced to a lesser crime.
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Last Modified: 12-03-2010 03:15 PM PST
