What Is Homicide? Punishment, Types And Meaning – Forbes Advisor – Technologist

There are many potential defenses you could raise if you’re charged with a crime after committing a homicide offense such as murder or manslaughter. Here are some potential defenses.

Self-Defense or Defense of Others

Although state laws vary, you are generally allowed to use deadly force to protect against an imminent threat to yourself or to others.

Mistaken Identity

You may be able to argue that you are not the actual killer and that you have been mistaken for the perpetrator who actually committed the crime.

Insanity

If you can demonstrate insanity and show you did not rationally form the intent to act, you may be found not guilty by reason of insanity. If you plead insanity successfully, usually, this will result in required inpatient mental health treatment rather than an acquittal or incarceration.

Innocence

You can demonstrate that you did not commit the offense you have been charged with to avoid conviction. Defendants commonly do this by showing they could not have committed the homicide at the time the offense was committed.

Lack of Evidence

If there is insufficient evidence to prove any element of the offense, then you should be acquitted. If the police engaged in unlawful search and seizure or violated your Miranda rights, the evidence they collected may be suppressed, which would mean it couldn’t be used to make a case against you.

The prosecutor has the burden of proving you’re guilty beyond a reasonable doubt.

Penalties for Committing Homicide

Unlawful homicide is a crime, so you will face criminal, not civil, penalties. Generally, it is a felony and not a misdemeanor, so the consequences can be very serious.

Penalties for committing a homicide crime vary depending on the specific offense. The penalties for murder are much more serious than those for manslaughter, for example. Still, some common consequences of conviction include:

• jail time, up to and including life imprisonment
• death penalty for first-degree murder in states where the death penalty is still allowed
• fines, which can include substantial monetary penalties
• community service, which is more likely with less serious homicide offenses
• probation, which is more likely with less serious offenses

You will likely face a lengthy prison sentence if you are found guilty of any homicide offense, so it’s very important to get the right legal help from a skilled criminal defense attorney to fight against the charges. It’s also important to remember that the Eighth Amendment protects against cruel and unusual punishment, even after a homicide conviction.