Fort Worth Murder and Manslaughter Attorney

While there are other legal defenses to murder and/or manslaughter, perhaps the most popular is self-defense. Self-defense entails the use of force that is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances. Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm. Murder and manslaughter are the most serious types of criminal charges. If you are a loved one are potentially or actually facing murder or manslaughter charges you need a aggressive, knowledgeable, and experienced Fort Worth murder and manslaughter attorney. The legal professionals at the Law Offices or Roderick C. White have successfully defended numerous murder and manslaughter cases and are ready to aggressively put their knowledge and experience to work for you. Contact us immediately for a free initial consultation.

Below are links to a more detailed discussion of federal murder and manslaughter charges:

• MURDER (FIRST DEGREE) 
  
• MURDER (SECOND DEGREE) 
  
• MANSLAUGHTER
  

MURDER (FIRST DEGREE)

18 U.S.C. § 1111 makes it a crime for a person to murder another human being with premeditation. The punishment for first degree murder is death or life in prison. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged unlawfully killed another person;

That the individual committed the killing with malice aforethought;

That the killing was premeditated; and

That the killing took place within the territorial or special maritime jurisdiction of the United States.

To kill "with malice aforethought" means either to kill another person deliberately and intentionally, or to act with callous and wanton disregard for human life. In a federal first degree murder setting malice aforethought also requires that a finding that the individual charged hated the person killed, or felt ill will toward the victim at the time. In determining whether the killing was with malice aforethought, consideration must also be made of the weapon or instrument used and the manner in which death was caused.

A killing is "premeditated" when it is the result of planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough for the killer, after forming the intent to kill, to be fully conscious of that intent. Consideration must be made of all the facts and circumstances preceding, surrounding, and following the killing which tends to shed light upon the condition of mind, before and at the time of the killing. No fact, no matter how small, no circumstance, no matter how trivial, which bears upon the questions of malice aforethought and premeditation, should escape careful consideration.

There are also other methods of committing first degree murder, including a killing in the perpetration of a felony. This is commonly called felony-murder.

MURDER (SECOND DEGREE)

18 U.S.C. § 1111 makes it a crime for anyone to murder another human being. The punishment for second degree murder is any number of years in prison or life in prison. In order to convict the government must prove each of the following beyond a reasonable doubt:

That the individual charged unlawfully killed another person;

That the individual killed the other person with malice aforethought; and

That the killing took place within the territorial or special maritime jurisdiction of the United States.

The intent required for second-degree murder is malice aforethought; it is distinguished from first-degree murder by the absence of premeditation.
In a federal second degree murder charge to kill "with malice aforethought" means either to kill another person deliberately and intentionally, or to act with callous and wanton disregard for human life. Here, malice aforethought does not require that the individual charged hated the person killed, or felt ill will toward the victim at the time. In determining whether the killing was with malice aforethought, consideration must be made of the use of a weapon or instrument and the manner in which death was caused. Consideration must also be made of all the facts and circumstances preceding, surrounding, and following the killing which tend to shed light upon the condition of mind, before and at the time of the killing. No fact, no matter how small, no circumstance, no matter how trivial, which bears upon the issue of malice aforethought, should escape your careful consideration.

MANSLAUGHTER

18 U.S.C. § 1112 makes it a crime for anyone to unlawfully kill another human being, without malice. Voluntary manslaughter contemplates a killing that is without malice and committed upon a sudden quarrel or in the heat of passion. In contrast to the felony-murder rule briefly discussed above, involuntary manslaughter contemplates a killing done in the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death. The punishment for voluntary manslaughter is a fine, imprisonment for not more than ten years, or both. The punishment for involuntary manslaughter is a fine, imprisonment for not more than six years, or both. In order to convict of either voluntary or involuntary manslaughter the government must prove each of the following beyond a reasonable doubt:
That the individual charged unlawfully killed another person;

That the individual did so without malice, that is, (for voluntary manslaughter) upon a sudden quarrel or in the heat of passion, or (for involuntary manslaughter) in the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death; and

That the killing took place within the territorial or special maritime jurisdiction of the United States.

The term "heat of passion" means a passion of fear or rage in which the defendant loses his normal self-control as a result of circumstances that would provoke such a passion in an ordinary person, but which did not justify the use of deadly force.

If you have been charged with murder or manslaughter you will be in need of a skilled Fort Worth murder and manslaughter lawyer. By calling the law offices of Roderick C. White you can speak to a Fort Worth criminal attorney who has the experience and skill to handle murder and manslaughter charges.