Indianapolis Murder or Homicide Defense Attorney
Murder is a charge that carries the possibility of severe punishment including fines, incarceration, or even the death penalty. When you face an accusation of murder, you need a lawyer with the experience to handle your case, and the commitment to see your rights protected. The attorneys of Banks & Brower LLC are former prosecutors, including a former homicide prosecutor. When a murder charge is on the line, our attorneys have a proven track record of helping defendants get the best possible outcome.
Indiana Laws Against Murder
Indiana state law defines murder as the unlawful taking of human life. Additionally, you may be charged with felony murder if someone was killed while you were in the process of committing another crime including:
- Child molestation
- Drug dealing or manufacturing
Even if you did not intend to kill anyone while committing one of those acts, their death may result in a murder charge.
The Process of a Murder Trial
The first part of a murder trial will deal with whether you are guilty of the charge. Here your attorney will present the evidence that shows your innocence of the charges, and any mitigating circumstances.
Should you be found guilty, the next phase of the murder trial is the sentencing phase.
You may be sentenced to death in a number of circumstances including:
- The murder happened in the process of committing another felony.
- The murder was planned beforehand.
- You have been previously convicted of murder.
- You were in police custody or on parole when the murder took place.
- You mutilated or tortured the victim or dismembered them.
- You intentionally fired a gun into a home or automobile.
- The victim was a police officer, judge, fireman on duty, and the murder was motivated by their job.
- The victim was under 12 years of age.
- You had been convicted of kidnapping the victim or committing a sex crime.
- The victim was a witness against you.
- The victim was pregnant, and the murder resulted in the death of the fetus.
Should any of these be true, you may be sentenced to death if convicted.
The Right Attorney Makes a Difference
The attorneys of Banks & Brower will present the evidence on your behalf, and ensure that the police followed all the proper procedures in investigating and collecting evidence. In order to prove you are guilty of murder, the prosecution must prove that you committed the crime and that you intended to commit the crime.
Your attorney will present the evidence of your innocence, or your lack of intent to kill the victim. Perhaps the deceased was the unfortunate victim of an accident that resulted in their death.
If you were being attacked by the deceased, you have the right to defend yourself. Self-defense is a defense against murder and your attorney will present the evidence showing the deceased was attacking you and you were merely defending your own life in taking theirs.
If found guilty, your attorney will present any mitigating circumstances on your behalf during the sentencing phase of your trial. If you have no prior significant criminal history, you may warrant a lesser sentence. If you were under extreme mental or emotional stress when the crime occurred, you may not have been fully aware of the circumstances, or unable to control yourself. In other cases, if you were too intoxicated to understand what was happening, you may be guilty of a lesser manslaughter charge, or may not receive as harsh a sentence.
You have the right to legal counsel to preserve your rights when accused of murder. The Indianapolis criminal defense attorneys of Banks & Brower have the expertise to ensure you receive a fair hearing under the law.