How to Defend Against Second Degree Murder

Legally, second degree murder is defined as murder that was not planned or premeditated, but instead resulted from a vicious assault or attack in which the death of the victim was a distinct possibility. Each state has its own exact definition of what does and does not constitute second degree murder, with slight variations from place to place.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Attorney (ideally a lawyer who specializes in murder cases)
• Suitable attire

1. Research the various criminal lawyers available to defend you in court. Find out which attorneys have the best credentials and the best success rates in murder trials. Think of the money you'll spend on a good lawyer as an investment in your freedom.
2. Be honest with your lawyer. You are protected by counsel-client confidentiality laws. Disclose any and all information your attorney asks you for without fear that it will be used against you later--it may prove crucial to a successful defense, even if it's highly sensitive.
3. Plan a defense strategy that will focus not necessarily on proving that you were innocent (especially if you're not), but one that casts doubt upon whether or not you certainly committed the crime. Insanity defenses work much better on television than they do in the courtroom, and you should only plead guilty to lesser charges if you have no hope of being found not guilty.
4. Maintain a respectful demeanor during each and every court appearance you make. You don't want to give the jury any additional reason to presume your guilt through inappropriate behavior. Dress well and show up on time, if you were released on bail following your arraignment.
5. Defend yourself against second degree murder charges by calling character witnesses, calling prosecution testimony into question, offering a reliable alibi and anything else that can be used to show that you may not have (or did not) commit the crime you're accused of. If even one person in 12 is uncertain of your guilt, you stand a chance of beating the charges.

Tips & Warnings

• You might get a reduced sentence if you plead guilty. This should be considered only if there is damning evidence against you and you have virtually no hope of establishing reasonable doubt in a criminal trial.
• Being found guilty of murder in the second degree will lead to a lengthy prison sentence. Defend yourself as best you can by hiring the most effective and experienced lawyer you can afford.