Defendants charged with murder often feel overwhelmed, like the entire world is against them. Murder charges have a way of rippling across communities, and countless people may feel affected. The potential penalties are severe, and you should hire an attorney for help immediately.
Murder is often used broadly to refer to numerous homicide offenses. However, murder is a specific offense where a defendant is accused of intentionally killing someone or intentionally causing serious bodily harm that results in death. Your specific circumstances are unique, and so are your defense options. Our legal team can help you understand your rights, how to defend yourself, and make sure you get a fair trial.
Obtain a free, private case review by calling Overson & Bugden at (801) 758-2287 and speaking to our murder defense attorneys.
What Constitutes Murder in Saratoga Springs?
According to Utah Code § 76-5-203(2), there are many ways to charge murder. First, they can charge you for knowingly or intentionally causing another person’s death. The intent to kill is a necessary element. If the defendant did not actually intend to cause harm at all, they may be charged with a lesser offense like manslaughter.
You may also be charged if you did not intend to kill but intended the deadly act. For example, you may be charged if you commit a deadly act with the intent to cause harm, and that act results in someone’s death. Similarly, you can be charged if, with depraved indifference to human life, you knowingly engage in conduct that risks their death and that conduct actually causes death.
Murder charges also apply if you are in the middle of committing another offense (e.g., robbery, kidnapping, rape) and someone dies. For example, a bank robbery gone wrong where the bank teller is shot and killed may result in murder charges even if you never meant to kill anyone.
Murder charges may also depend on the identity of the victim. You may be charged if you recklessly cause the death of a peace officer (e.g., police officer, military servicemember) while assaulting that officer or interfering with their duties. Again, this does not require the intent to kill. However, because the victim is a peace officer, the charges may be more serious.
How to Fight Murder Charges
There may be multiple methods to defend yourself against murder charges based on your circumstances.
Challenging Evidence
Prosecutors must have enough evidence to prove the charges against you beyond a reasonable doubt. This is an incredibly high burden of proof, and prosecutors do not always have the proof they need.
If the evidence is so insufficient that prosecutors cannot possibly meet their burden of proof, our murder defense attorneys may move to dismiss the case. While this is rare, it is possible in cases where prosecutors have a serious lack of evidence.
If we cannot get the case dismissed, we can still challenge the evidence. If it really is insufficient, a jury may be more easily persuaded to acquit.
Plea Agreements
If acquittal is very unlikely, you might consider a plea agreement. In a plea agreement, the defendant agrees to plead guilty, and the prosecutor agrees to reduce the charges or penalties. Instead of going to trial and being convicted of murder, we might negotiate a plea to manslaughter. Agreements can also mean life in prison instead of the death sentence.
Plea agreements must be negotiated. If the deal is bad, you do not have to accept. At the same time, prosecutors do not have to offer a plea bargain at all.
Self-Defense
It is common for defendants to claim self-defense. According to Utah Code § 76-2-402(2), self-defense may be used as an affirmative defense if you reasonably believed that using deathly force was necessary to prevent your death from someone else’s imminent unlawful force. Similar standards apply to defense of another.
Under subsection 3 of the law, you may not claim self-defense if you provoked the other person. Additionally, you cannot claim self-defense if you were committing, attempting, or fleeing from a felony unless your actions were unrelated to the felony. Finally, self-defense is not allowed if you were the initial aggressor or were in a mutual fight, unless you effectively communicated your withdrawal from the fight first.
How Your Attorney Can Assist You in Your Murder Case in Saratoga Springs
Your lawyer can begin by helping you protect yourself from the authorities. Remember, the police are actively working against you and trying to find more evidence. When they say that anything you say can and will be used against you, they mean it.
Your lawyer will advise you on when and how you should speak to the police, evaluate evidence and facts, and determine the best defense strategies.
Contact Our Saratoga Springs Murder Defense Lawyers Immediately
Obtain a free, private case review by calling Overson & Bugden at (801) 758-2287 and speaking to our murder defense attorneys.
