If you have been arrested and charged with murder, it is important that you understand the charges against you and what your legal rights are. Call me to discuss your case, your options, and the potential outcomes.
Murder is the intentional and unlawful killing of a human being (Idaho Code §18-4001). It is often considered the most serious crime that can be charged under our criminal justice system. Murder charges are classified as either 1st-degree or 2nd-degree (Idaho Code §18-4003). Second degree murder is punishable by not less than 10-years in prison and up to a fixed life sentence (no possibility of release). First degree murder is punishable by not less than 10-years in prison and can result in the death penalty! (Idaho Code §18-4004).
Second Degree vs. First Degree Murder
Classification of the degree of murder is determined by the facts and circumstances of the accusations. The most common difference is "premeditation." Premeditation involves any lying in wait, torture, poisoning, or vengeance. Premeditated murder is always first-degree murder.
Murder can also be classified in the first degree if the victim is a police officer, officer of the court, child under 12, or if the crime was committed in furtherance of another serious felony (arson, rape, robbery, etc.) or an attempted escape from a correctional facility (See: Idaho Code §18-4003
All murder that is not first degree murder is considered second degree murder. Generally, this is a purposeful killing that is not premeditated, meaning it took place in the heat of the moment.
A conviction for murder can also result in a court order that the defendant pay restitution. Restitution is the actual financial harm caused by the defendant's criminal conduct. It is not a punishment or a fine, it is mean to compensate the victims of a crime for their financial loss. In cases where the crime involves the victims death, the restitution can be a very large amount - ranging into the hundreds of thousands or even millions of dollars.
Hire A Lawyer That Will Fight For You!
If you are charged with murder, your freedom and your future are on the line! Let me fight to protect your rights and keep you out of jail! Call me today for a free consultation!