HOMICIDE
HOMICIDE
OVERVIEW
Few charges carry higher stakes than homicide. In Missouri, a single accusation can lead to life in prison—or even the death penalty. Police and prosecutors act quickly in these cases, often before all the facts are clear. If you’re under investigation or already facing charges, you need a defense attorney who knows how to handle high-pressure, life-altering cases. We protect your rights, investigate the facts, and fight to defend your future.
TYPES OF HOMICIDE CASES IN MISSOURI
Missouri law separates homicide into several distinct charges, each with different elements and penalties. Here’s what you need to know:
First-Degree Murder (RSMo § 565.020): You intentionally killed someone after planning it. This charge carries life in prison without parole or the death penalty.
Second-Degree Murder (RSMo § 565.021): You knowingly caused someone’s death or killed someone while committing a felony. This charge carries 10 to 30 years or life in prison.
Voluntary Manslaughter (RSMo § 565.023): You killed someone in the heat of the moment, under sudden provocation. This is a Class B felony, punishable by 5 to 15 years.
Involuntary Manslaughter – First Degree (RSMo § 565.024): You recklessly caused someone’s death. This is a Class C felony, with 3 to 10 years in prison.
Involuntary Manslaughter – Second Degree (RSMo § 565.027): You acted with criminal negligence. This is a Class E felony, punishable by up to 4 years in prison.
Vehicular Manslaughter / DWI Causing Death: If you caused someone’s death while driving under the influence, prosecutors may charge you with involuntary manslaughter or a separate felony under Missouri DWI laws.
Each charge depends on the details—what happened, what you knew, what you intended, and how prosecutors interpret the evidence.
PENALTIES
Homicide convictions carry the harshest penalties under Missouri law. Here’s what you could face:
First-Degree Murder:
Life without parole
Death penalty (in capital cases)
Second-Degree Murder:
10 to 30 years or life in prison
Limited or no parole, depending on the circumstances
Voluntary Manslaughter:
5 to 15 years in prison
Involuntary Manslaughter – First Degree:
3 to 10 years in prison
Involuntary Manslaughter – Second Degree:
Up to 4 years in prison and/or a $10,000 fine
In addition to prison time, a homicide conviction can lead to:
Loss of voting and firearm rights
Permanent felony record
Ineligibility for parole or probation
Lifetime stigma and media attention
Your entire life changes with one conviction. That’s why we fight like everything is on the line—because it is.
COMMON SCENARIOS WE SEE
Every case is unique, but we regularly defend clients facing homicide charges in these situations:
Domestic disputes where a fight escalated to deadly violence
Bar fights or street confrontations that ended in fatal injuries
Self-defense cases where the other person was armed or aggressive
Car accidents or DWI incidents where someone died unexpectedly
Illicit deals gone bad where someone showed up to a deal and a gun gets pulled instead
Group incidents, where prosecutors charge multiple people for one death
In many of these situations, our clients didn’t intend to kill anyone—or weren’t the ones responsible. We dig into the details to uncover the truth and defend your side of the story.
DEFENSES AGAINST HOMICIDE CHARGES
We build our defense around facts, evidence, and the law. Some of the most powerful defenses we use in homicide cases include:
Self-defense or defense of others: You had the legal right to protect yourself or someone else from serious harm or death.
Accident: The death occurred unintentionally, without recklessness or criminal behavior.
False accusation: You weren’t involved, or someone else committed the crime. This is often known as the “SODDI” defense, or “some other dude did it.”
Mistaken identity: Witnesses or police identified the wrong person.
Lack of intent: You didn’t plan or intend to kill anyone, which can lead to reduced charges.
Police misconduct or constitutional violations: Officers may have performed illegal searches, coerced statements, or violated your rights during the investigation.
We tailor your defense strategy to the specific facts of your case, using expert witnesses, private investigators, and forensic analysis when needed.
WHAT TO EXPECT DURING A HOMICIDE INVESTIGATION
If police suspect you of homicide, they’ll move quickly—and aggressively. Here’s what typically happens:
Police investigation begins immediately, often before charges are filed.
Arrest may occur suddenly, often based on witness statements or circumstantial evidence.
No bond is available in many homicide cases, especially first-degree murder.
Prosecutors may convene a grand jury or file charges directly.
You face hearings, discovery, and trial prep, often over many months or even years.
Media attention and public scrutiny can complicate things further.
You don’t have to face this alone. We guide you through every step and fight to keep the process fair.
HOW WE CAN HELP
Facing a homicide charge can be overwhelming—but you don’t have to face it alone. At The Hartley Law Firm, we bring experience, strategy, and results-driven advocacy to every case we handle. No matter the charge, we’re here to fight for you!
Here’s what we do for you:
1. Thorough Case Evaluation
We’ll start by reviewing the details of your arrest, the alleged conduct involved, and how law enforcement conducted the search or seizure. Our team looks for any legal flaws, rights violations, or procedural mistakes that could lead to a dismissal or suppression of evidence.
2. Build a Tailored Defense Strategy
No two cases are the same. We develop a defense strategy based on the specific facts of your case—whether that means challenging identity, asserting self-defense, or arguing unlawful police conduct.
3. Negotiate on Your Behalf
In many cases, we can negotiate reduced charges, limit incarceration length, or even alternatives to prison depending on the circumstances. Our relationships with local prosecutors and our knowledge of Missouri’s legal system give us a strong negotiating position on your behalf.
4. Relentlessly Fight for You in Court
If your case goes to trial, we’re ready to defend you in court. We have the trial experience and legal skill necessary to challenge the evidence, cross-examine witnesses, and advocate for a not guilty verdict.
5. Protect Your Rights and Your Freedoms
A conviction can affect your job, housing, education, and even your right to vote or own a firearm. Our goal is to help you avoid a criminal record or minimize the long-term impact of these charges on your life.
WHY EARLY HELP FROM AN ATTORNEY MATTERS
Why Early Legal Help Makes the Difference
The sooner you hire an attorney, the stronger your defense will be. We step in early to:
Block illegal police tactics and protect your rights
Preserve favorable evidence (surveillance, messages, witness statements)
Stop you from making statements that could hurt your case
Negotiate with prosecutors before charges are finalized
Challenge overcharging or push for bond hearings
In homicide cases, every move matters. Don’t wait until it’s too late.
FREQUENTLY ASKED QUESTIONS
What’s the difference between murder and manslaughter?
Murder usually involves intent or knowing conduct. Manslaughter typically involves sudden provocation, recklessness, or negligence.
Can I get bail in a homicide case?
In many homicide cases, especially first-degree murder, judges may deny bail. We fight for bond when possible and prepare arguments to support your release.
Will I face the death penalty?
Only certain first-degree murder cases qualify for the death penalty in Missouri. Prosecutors must also put forth an affirmative notice that they will be pursuing the death penalty. If that happens, yes, you could face the death penalty and you need an attorney to do everything possible to avoid that outcome.
What if I acted in self-defense?
Missouri law allows you to defend yourself if you reasonably feared for your life or safety. We often use self-defense to fight murder and manslaughter charges.
ATTENTION: Nothing in this article is meant to be construed as legal advice and does not constitute an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely on advertisements.