How to Defend Against First Degree Murder

By eHow Legal Editor

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First degree murder is legally defined as a killing that was premeditated and intentional. Persons found guilty of committing first degree murder face severe sentences in the form of lengthy prison terms and, in some states, the death penalty.

Instructions

Difficulty: Challenging

Things You’ll Need:

  • Legal representation
  • Respectable attire

Find a Lawyer to Defend You in Court

Step1
Use state-appointed counsel only if you cannot afford to hire a lawyer who specializes in defending clients against first degree murder charges.
Step2
Search for a legal specialist who has a solid, proven track record in the defense of parties charged with murder in the first degree. Collect recommendations by doing thorough research on the available murder defense specialists in your area.
Step3
Hire the best lawyer you can afford. Liquidate any investments you have in order to raise additional capital to cover legal fees, if possible.

Weigh Your Options for Defense Strategies

Step1
Defend yourself against a first degree murder charge by focusing on establishing "reasonable doubt." This can take many forms: raising questions as to your whereabouts on the night of the murder and the reliability of witnesses, having a proven alibi and so on, depending on the circumstances of the crime in question. Your lawyer's defense strategy is likely to revolve around this in some way, unless you plan to enter a guilty or no-contest plea.
Step2
Prepare for a tough battle if you're going to try to enter an insanity plea. It will have to be demonstrated beyond a doubt that your psychological condition at the time of the murder rendered you incapable of understanding the moral difference between right and wrong.
Step3
Reach a plea bargain. Plead guilty to a reduced charge, such as second-degree murder or manslaughter, to save the court system the burden of a trial and the family of the victim the emotional agony of having to sit through one.

Stand Trial for First Degree Murder

Step1
Appear punctually for all criminal proceedings.
Step2
Dress suitably for your trial. You want to give the judge and jury a first impression of cleanliness and respect.
Step3
Show propriety. Address the judge courteously at all times, and don't belie your claim of innocence with behavior that suggests you're anything but.

Tips & Warnings

  • If there is overwhelming evidence against the defendant, an attempt to reach a plea bargain--including entering a guilty plea to a lesser charge--should be sought by the accused's counsel.
  • Trying to defend yourself in court is not considered a wise option. Always use legal representation. You stand a greatly improved chance of a favorable trial outcome with a state-appointed attorney than you do on your own.

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eHow Article: How to Defend Against First Degree Murder

eHow Legal Editor

eHow Legal Editor

Category: Legal

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