Even though murder charges fall under violent felonies, they are defensible. Examples of common defenses against murder may include mistaken identity, insanity, accident, diminished capacity, intoxication, and more. If you or a family member are convicted for capital murder in New Mexico, the maximum penalty is up to life in prison without the possibility of parole under NMSA § 30-2-1.
In This Post
In this blog post, I discuss five (5) possible defenses to murder and why you should hire a murder defense attorney in New Mexico to represent your case. Since murder charges are among the most severe that a person can ever face, it is vital to seek the legal help of a criminal defense attorney in New Mexico with experience handling these types of cases.
5 Possible Defenses to Murder
There are two categories of murder charge defenses: assertions and admissions. Assertions are defenses that state you did not commit the crime, whereas admissions are defenses that state you committed the crime, but it was not intentional or preventable. In some matters, your murder defense attorney could argue that the prosecutor has not proven the charges against you.
As described in the introduction of this article, here is a closer look at more common and specific defenses that fall under assertions and admissions:
1. Mistaken Identity
If you are wrongfully accused, you can argue a case of mistaken identity, or more formally, that prosecution has filed charges against the wrong defendant. Other arguments may include challenging the prosecutor’s accusations that you were at the crime scene, as well. Your attorney could submit proof that exonerates you or identifies another individual.
2. Inability to Form a Deliberate Intent
The inability to form deliberate intent is the issue of intoxication or mental disease or disorder, making the defendant incapable of forming a deliberate intention to take the life of another or to know the defendant’s conduct was greatly dangerous to the lives of others. This is a defense to a charge of a willful and deliberate murder or depraved mind murder.
3. Misfortune or Accident (Excusable Homicide)
Accidental death is not necessarily considered murder. Some fatalities are due to manslaughter. Manslaughter charges reduce your penalties since they are not capital or first-degree felonies. However, excessive force or acting unreasonably can increase the charges from manslaughter to murder. Your attorney will help you understand the particulars of your case to determine if it is possible to get your charges dropped or reduced.
4. Self Defense or Defense of Another (Justifiable Homicide)
Self Defense or Defense of Another is another type of defense against murder charges. Self defense or defense of another is an appearance of an immediate danger of death or great bodily harm to the defendant or another as a result of the decedents actions. The decedent’s action resulted in the defendant being put in fear and in reaction to that fear, the defendant killed the decedent. In addition, a reasonable person would have acted as the defendant did.
5. The Insanity Defense
Your jurisdiction may allow for an insanity defense in a first-degree murder case. Insanity is marked as a cognitive inability to understand or recognize the severity of the crime committed. It is also described as the inability to realize that the act is immoral or wrong. A murder defense lawyer will look at your or your loved one’s case with experts to determine if an insanity defense is possible. I will also help you understand the legal implications of making such an admission.
Hire a New Mexico Criminal Defense Attorney to Defend Murder Charges
Regardless of the degree of murder charge you are facing, do not leave your case to chance or in the hands of a public defender. While a public defender will handle your case, he or she has an extensive caseload and budgetary limitations. Get the help you want and deserve by hiring a private murder defense attorney in New Mexico to investigate the facts of your case and mount a defensive strategy that fights for your rights.
Consider Your Options with a Free Case Strategy Session
If you or your family member is accused of murder, get help right away from Grano Law Offices, P.C. We have the experience and unrelenting tenacity that you want in your defense counsel. Learn more about your options and how Marc Grano and his legal team could help you with a Free Case Strategy Session by calling (505) 426-8711 or by messaging us here.
