Arkansas Defense Attorneys Giving You the Representation You Need to Defend Against Murder Charges
Murder is the most severe crime a person can be charged with. Unlike any other crime someone can commit, murder is irreversible. This is why murder cases are taken so seriously by every state in the country. This is especially true in Arkansas.
As a deterrent to murder, Arkansas still imposes the death penalty. As of 2024, 26 people are currently awaiting execution in Arkansas on murder convictions. This is why if someone is charged with murder, it’s vital they have the services of an experienced attorney. A lawyer may be the one thing literally standing between someone and a matter of life and death.
What is Murder in Arkansas?
In Arkansas, murder charges are divided into three categories: Capital Murder, First-Degree Murder, and Second-Degree Murder.
Capital murder is the premeditated, intentional taking of someone else’s life. Someone can also be charged with capital murder if someone died as a result of their actions during the commission of a violent felony. For example, if a burglar kills a homeowner during a robbery, even if it was not premeditated, they can still be charged with capital murder. For purposes of capital murder, violent crimes include:
- Rape
- Kidnapping
- Carjacking
- Robbery
- Burglary
- Prison Escape
- Arson
- Felonies Involving Controlled Substances
- Terroristic Activities
First degree murder is the killing of another person during the commission of a nonviolent felony, or accidentally causing the death of a person while trying to intentionally kill another person.
Second degree murder is the unintentional taking of human life while engaging in reckless or harmful behavior. Someone commits second degree murder if they:
- Cause the Death of Another Person While Demonstrating a Disregard for Human Life
- Cause the Death of Another Person While Intending to Harm that Person
For example, if someone gets into an argument and strikes another person, they fall, hit their head, and die from their injuries, the person who hit them could be charged with voluntary manslaughter. This means the person being charged intended to harm but not kill the other individual.
What are the Penalties for Murder in Arkansas?
The penalties for murder vary according to a variety of factors. Whether a person committed first or second-degree murder, the circumstances of the crime, and other factors will be taken into account by a judge and jury. For Capital Murder, the potential penalties are:
- Life Without Parole
- Execution
For first degree murder the potential penalties are:
- Ten to Forty Years in Prison
- Life in Prison
Those given non-life sentences must serve a minimum of time before they are eligible for parole. Someone convicted of first-degree murder must serve at least ten years. A juvenile convicted of murder must serve 25 years before they are eligible.
Penalties for second degree murder include:
- Six to Thirty Years in Prison
- A $15,000 Fine
Although it does not carry a life sentence, a second-degree murder conviction can still have major consequences. Depending on a person’s age, a thirty-year conviction could functionally be a life sentence. Even for a younger person, thirty years in prison could make up half of a person’s life. This is why it’s important to have an attorney experienced in criminal defense if you are facing murder charges.
What Are Defenses Against Murder in Arkansas?
People are not presumed guilty just because they are arrested. If someone is charged with murder, they have the opportunity to defend themselves in court. Part of this defense is demonstrating why they should not be held liable for murder. Depending on the charges, there are multiple defenses available. These include:
- Actual Innocence
- Lack of Evidence/Poor Evidence
- Self Defense
- Insanity
- Affirmative Defense
Actual innocence is demonstrating that you were not guilty of the crime. This can be done by presenting evidence attesting to your innocence. Such evidence can include but is not limited to:
- Surveillance Footage
- Eyewitness Testimony
- Testimony Establishing an Alibi
- Emails or Text Messages Establishing an Alibi
You can also defend yourself by citing a lack of evidence or poor evidence on the prosecution’s part. Remember, a person is presumed innocent when they go to trial. It is the state’s responsibility to prove their guilt. If the state has poor evidence, or evidence was handled or collected improperly, these can be valid defenses against murder charges.
Self-defense is also a valid defense against murder charges. Under Arkansas law, if you can prove that you felt a use of force was required to protect yourself or others from harm, you can be found not guilty of murder.
Insanity is a difficult defense but it applicable in certain cases. Under Arkansas law, insanity for purposes of a murder defense means the person being charged:
- Was Unable to Understand the Nature of their Actions
- Could Not Distinguish Right from Wrong
- Could Not Understand Their Actions were Criminal
Because many people charged with murder will contemplate an insanity defense, it can be difficult to establish. The person being charged will have to undergo an examination by a qualified court-appointed psychiatrist or psychologist. Insanity defenses are only successful 26% of the time.
Another defense is called Affirmative Defense. This can only be cited in specific circumstances in which someone died during the commission a crime being carried out by two or more people.
An affirmative defense is only applicable if:
- You Did Not Actually Kill the Other Person
- You Were Not Armed
- You Did Not Believe Anyone Else War Armed
- You Did Not Believe Any Other Participant in the Crime Intended to Cause Death
An Affirmative Defense may be difficult to prove, but may be the best route under certain circumstances. Every case is different and there is no one perfect defense to murder charges. This is why it’s vital anyone being charged with murder consult an experienced defense attorney. They will be able to review the specific circumstances of your case and help you build the strongest defense.
What Should I Do if I’m Charged with Murder in Arkansas?
Murder is a serious charge. Being convicted could cost you your freedom and potentially even your life. If you are sent to prison, there is no way to get back the years you are incarcerated. If you are sentenced to death, even if you are not executed, you could spend years on death row awaiting appeals. This is why it’s key to have an experienced defense attorney on your side.
If you or a loved one have been charged with murder in Arkansas, don’t hesitate to contact Big Rock Legacy Law Group at 425 W Capitol Ave Ste. 1234, Little Rock, AR 72201. Our attorneys are experienced in homicide defense and know how to build a solid case. We’ll review every element of your case and help construct a customized defense based on your specific circumstances. We believe everyone is innocent until proven guilty. We also know how high the stakes are in a homicide case.
A homicide conviction could result in a permanent sentence. Don’t lose your freedom or your life. If you or a loved one have been charged with murder in Arkansas, call Big Rock Legacy Law Group immediately at 501-988-3302 or contact us for a consultation. Your life could depend on it.