HOMICIDE EXPLAINED BY AN ALBUQUERQUE HOMICIDE DEFENSE ATTORNEY
The killing of one human being by another without lawful justification or excuse is homicide. There are different degrees of homicide, and the punishment, if convicted, is the loss of freedom. If you are accused of homicide, it is imperative to contact a Albuquerque Homicide Defense Attorney to defend you in a court of law.
Like other states, New Mexico distinguishes types of homicide:
- First degree murder is a killing caused (1) with willfulness and premeditation; (2) during a felony or attempted felony (felony murder); or, (3) by engaging in extremely reckless conduct that demonstrates an utter disregard for human life (depraved mind). This is a capital felony punishable by life imprisonment, possibly without parole.
- Second degree murder involves a killing wherein a person acted without sufficient provocation, upon sudden quarrel or in the heat of passion. This is a second degree felony, and is punishable by up to 15 years imprisonment and $12,500. First degree felony resulting in a death of a child is punishable by life imprisonment and $17,500.
- Voluntary manslaughter is the unlawful killing of someone in the heat of passion or during a quarrel but with sufficient provocation. This is a third degree felony and is punishable by up to six years’ imprisonment and $5,000.
- Involuntary manslaughter is the unintentional killing of someone while committing a misdemeanor or during a lawful act, but death results from negligence or lack of due care. This is a fourth degree felony punishable of up to 18 months imprisonment and $5,000.
An Albuquerque Homicide Defense Attorney may argue self-defense, lack of evidence, or defend by seeking to exclude key evidence due to violation of constitutional rights, i.e. illegal search or arrest. For example, Ray Twohig, an Albuquerque Homicide Defense Attorney, successfully argued self-defense in murder cases such as those of Russell Harris, Josh Arnold, and Luke Sanchez.
Charges that involve the death of another require sophistication and experience. Forensic experts, including those in the growing area of crime reconstruction, are very likely. The defense must contend with such prosecution experts and litigate often-challenging legal issues, as well as separately investigate the individual aspects of each case. Experienced crime scene investigation and review is especially important because of the significance of physical evidence in homicide cases.
Finding an Albuquerque Homicide Defense Attorney
For more information, contact an Albuquerque Homicide Defense Attorney with Twohig Law Firm at (505) 898-0400.