Murder Case : Homicide Case
Best Murder Crime Attorney in Kentucky

Oldham County Criminal Defense Lawyer

They are interesting cases to try.  I have had 4 murder trials.  One was a capital murder, death qualified, my client was acquitted and everyone else plead.  Two cases they were found guilty of Manslaughter in the Second Degree, and a Robbery was dismissed.  The murder trial is an unusual circumstance in that in each trial I was moving for acquittal, not a lessor included.  It is just how it is.  However, if they convict on murder they are telling you they do not believe YOU.  Hello sentencing...

Oldham County Murder Charge Attorney


Definition of Mens Rea:

This is latin for something like the "guilty mind."  So, in order to be guilty of a crime the prerequisite is the guilty mind.  There are four mental states possible for any crime punishable in the United States.  Intentionally, Knowingly, Wantonly and Recklessly.  
A chart below the definitions here is fantastic in representing the mental state that corresponds to the homicide or degree, thereof.  
Without getting into, too much, there are two degrees of Wanton behavior.  So, like there is a Wanton Endangerment First Degree charge, there is a second degree, also.  
So, Murder - Class A Murder, is defined as "Big Wanton" and Second Degree Manslaughter is "little wanton."  That is why one is the lessor included of the other.  Manslaughter first does not lend itself for a lessor included that would fit between them.  


Murder Charge Lawyer in Oldham County, Ky.  

Murder, Manslaughter First Degree,  Manslaughter Second Degree, Reckless Homicide.  

Murder, or Homicide

KRS 507.010 Definitions 
A person is guilty of criminal homicide when he causes the death of another human being under circumstances which constitute murder, manslaughter in the first degree, manslaughter in the second degree, or reckless homicide. 

KRS 507.020 Murder 
(1)A person is guilty of murder when: 
(a)With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or 
(b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person. 
(2)Murder is a capital offense. 
KRS 507.030 Manslaughter in the first degree 
(1)A person is guilty of manslaughter in the first degree when: 
(a)With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or 
(b)With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507 020. 
(2)Manslaughter in the first degree is a Class B felony. 
KRS 507.040 Manslaughter in the second degree 
      (1)A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's: 
      (a)Operation of a motor vehicle; or 
      (b)Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child. 
      (2)Manslaughter in the second degree is a Class C felony. 
KRS 507.050 Reckless homicide 
(1)A person is guilty of reckless homicide when, with recklessness he causes the death of another person. 
(2)Reckless homicide is Class D felony.

Check out the nifty chart below.  
Murder Charge in Oldham County, Kentucky
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