• Federal
  • State
  • Municipal

Homicide

If you have been charged with a homicide-related offense in Missouri, you no doubt understand that you face a significant legal problem, and the result of this issue will affect the rest of your life. Missouri is known to be very “tough on crime,” and given the brief explanations of the homicide-related statutes below, you’ll soon understand why. If any of the charges below apply to your situation, or you’ve been charged with any other crime in or around Kansas City, you need to contact homicide defense lawyer John Anthony Picerno for an immediate consultation. Attorney Picerno has been zealously fighting for his clients’ rights since 1990, and you need to take no chances with your future or your freedom.

First degree murder, penalty–person under sixteen years of age not to receive death penalty.

565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.

2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.

This charge also carries the potential for the ultimate consequence if a defendant is convicted- the death penalty.

Beginning January 1, 2017–Second degree murder, penalty.

565.021. 1. A person commits the offense of murder in the second degree if he or she:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2. The offense of murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.

3. Notwithstanding section 556.046 and section 565.029, in any charge of murder in the second degree, the jury shall be instructed on, or, in a jury-waived trial, the judge shall consider, any and all of the subdivisions in subsection 1 of this section which are supported by the evidence and requested by one of the parties or the court.

Beginning January 1, 2017–Voluntary manslaughter, penalty–under influence of sudden passion, defendant’s burden to inject.

565.023. 1. A person commits the offense of voluntary manslaughter if he or she:

(1) Causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or

(2) Knowingly assists another in the commission of self-murder.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. The offense of voluntary manslaughter is a class B felony.

Beginning January 1, 2017–Involuntary manslaughter, first degree, penalty.

565.024. 1. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.

2. The offense of involuntary manslaughter in the first degree is a class C felony.

Beginning January 1, 2017–Involuntary manslaughter, second degree, penalty.

565.027. 1. A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.

2. The offense of involuntary manslaughter in the second degree is a class E felony.

Overall, no criminal charges are more serious than those associated with homicide. If you have been arrested and charged, or you’re merely being questioned in regards to someone’s death, the first thing you need to do is contact homicide attorney John Anthony Picerno for a consultation.  The Constitution guarantees you certain rights, and Attorney Picerno will make sure that you understand all of them as they relate to your situation.