Indiana law defines murder as the “knowingly or intentionally” killing of another human being. However, an individual can also be charged with murder, if a person is killed during the commission of certain felonies listed under Indiana Code 35-42-1-1. A conviction for murder carries a minimum penalty of 45 years in prison with a maximum penalty of 65 years. A prosecutor may also seek to file the death penalty or life without parole if statutory aggravators apply.
Often times there are “lesser included” offenses such as voluntary manslaughter, involuntary manslaughter, or criminal recklessness causing death that carry far less severe penalties than that of a murder conviction. If unique circumstances exist in a homicide, it is possible to have the sentence of an accused significantly reduced.
In any homicide case, whether it is murder, or one of the lesser included offenses, certain affirmative defenses like self-defense, insanity, involuntary intoxication, or battered woman syndrome may be available. These affirmative defenses can be waived if not filed properly and in a timely manner.
Unlike most attempt charges, Attempted Murder is codified as its own distinct crime separate from an actual murder charge. Attempted Murder is a Level 1 felony, carrying a possible penalty of between 20 and 40 years in prison. An Attempted Murder conviction requires that a person act with the specific intent to kill another person as opposed to acting in a reckless manner.
When you are looking to hire a murder attorney or an attempted murder lawyer it is important that you find a team of attorneys that are educated in the nuances of the law and who have experience in arguing these complex issues to a jury. Successfully defending a murder case may require your murder attorney to be well versed in cross-examining forensic experts in fields such as DNA, Serology, Ballistics, and Cell Phone technology.
The attorneys at Hayes Ruemmele LLC have over 40 years of combined legal experience, and have collectively tried well over a 100 jury trials. We have defended Murder and Attempted Murder cases at both the trial court and appellate levels. We can provide representation from the early stages of a rape investigation all the way to an appeal at the Indiana Supreme Court.