If you, or a loved one, are accused of murder, then it is vital that you get experienced legal representation as soon as possible. The sentence for this offence means life in prison, and the ability to successfully argue one of the three partial defences that exist can mean the difference between a murder and manslaughter charge. Although the latter is still considered extremely serious, and carries serious penalties, it will typically mean a shorter term, when it comes to sentencing.
The prosecution must prove that the defendant set out to cause serious harm to the victim, and that their actions directly led to the death of the individual. It is not necessary to show that the intention was to kill, but to cause serious harm. The prosecution will attempt to prove that this was the case, they will often attempt to argue against any partial defences, and they may try and argue that the offence was serious enough for the court to remove the possibility of early release.
Three partial defences exist, that may see the charge reduced from murder to that of voluntary manslaughter. Acting in accordance with a suicide pact, provocation, and diminished responsibility defences can make a big difference in the eventual sentencing that is given, but they will require considerable effort on the part of your legal team.
The charge of attempted murder also exists. In order for the prosecution service to be able to successfully argue this charge, they must show that the defendant set out with the primary intention of killing the victim. If this can be proven, then sentencing for this crime can be as severe as for murder charges. Factors such as the extent of physical and mental injuries sustained following the attempt will be taken into account, along with other factors such as age and any partial defences.
Murder is considered one of the most heinous crimes, and it carries penalties that are appropriately lengthy as a result. If a loved one has been taken in for questioning, if the police interview has already occurred, or if you are looking to appeal a decision already handed out, contact Ashcott Solicitors for access to high quality, professional, and experienced legal assistance.
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