Types of Homicide Crimes
Murder
First-degree murder involves a deliberate and premeditated killing and is punishable by the death penalty or life imprisonment without parole (RSMo § 565.020). Second-degree murder involves knowingly causing death or causing death during the commission of another felony (RSMo § 565.021), which carries 10–30 years or life in prison. Both offenses are Class A felonies.
Voluntary Manslaughter
Voluntary manslaughter involves causing a death under circumstances that would otherwise qualify as second-degree murder, except that the act occurred in the “heat of passion” due to adequate provocation, or where a person knowingly assists in a suicide. It is generally charged as a Class B felony punishable by 5–15 years in prison.
Involuntary Manslaughter
First-degree involuntary manslaughter (RSMo § 565.024) occurs when someone recklessly causes the death of another person. This Class C felony carries 3–10 years in prison. Second-degree involuntary manslaughter (RSMo § 565.027) involves criminal negligence resulting in death. This Class E felony carries up to four years in prison.
DWI with Death
When a DWI fatality occurs, defendants may face first-degree involuntary manslaughter charges. Enhanced penalties may apply depending on prior offenses, blood alcohol concentration, and other aggravating circumstances. This offense is typically charged as a Class C or Class B felony.
The Criminal Investigation Process
Many people don't realize that homicide charges often aren't filed immediately after a death occurs. In Missouri, prosecutors frequently wait weeks or even months while detectives complete forensic testing, interview witnesses, and build a case file before formally charging a suspect. This "pre-charge" period can be one of the most consequential windows in the entire case.
Anyone who has been named a person of interest, questioned by detectives, or served with a search warrant in connection with a death should treat that moment as seriously as an actual arrest. Statements made during this stage, even ones intended to be helpful or cooperative, are often used to build the prosecution's later theory of the case. Involving an attorney before charges are filed allows for early intervention, including contact with investigators on your behalf and preservation of evidence that might otherwise be lost.
Common Legal Defenses to Homicide Charges
Every homicide case turns on its own specific facts, but defense strategies in Missouri homicide cases often center on a handful of recognized legal theories, including:
- Self-Defense or Defense of Others — Missouri law permits the use of force, including deadly force in certain circumstances, when a person reasonably believes it's necessary to protect themselves or another person from serious harm.
- Accident or Lack of Intent — Many homicide charges hinge on whether the state can prove a required mental state, such as knowing or purposeful conduct. Demonstrating that a death resulted from an accident rather than intentional or reckless conduct can significantly affect how a case is charged or resolved.
- Mistaken Identity — Eyewitness misidentification remains one of the most common contributing factors in wrongful homicide charges nationally, making forensic and alibi evidence critical in cases built on witness testimony alone.
- Insufficient Evidence of Causation — In some cases, the state cannot conclusively establish that the defendant's actions were the direct cause of death, particularly in cases involving pre-existing medical conditions or intervening factors.
- Constitutional Violations — Evidence obtained through an unlawful search, a coerced confession, or a violation of Miranda rights may be suppressed, which can significantly weaken the prosecution's case.
Identifying which defense theory applies — and building the evidentiary record to support it — is one of the most important early steps in any homicide defense strategy.
Bail & Pretrial Detention in Missouri Homicide Cases
Bail in homicide cases works differently than in most other criminal matters. Missouri law allows judges to deny bail altogether in cases involving certain violent felony charges, including many homicide offenses, when the court finds that no combination of conditions would reasonably protect the community or ensure the defendant's appearance in court.
For defendants who are granted bail, conditions are often strict and may include GPS monitoring, surrender of firearms, or house arrest. Because pretrial detention can last for months while a homicide case moves through the court system, having an attorney advocate for reasonable bond conditions at the earliest possible hearing is critical to preserving a defendant's ability to assist in their own defense and maintain employment, housing, and family stability while the case is pending.
Frequently Asked Questions
Is there a statute of limitations for homicide charges in Missouri?
No. Missouri does not impose a statute of limitations for murder charges, meaning prosecutors can file charges at any point after a death occurs, even decades later, if new evidence comes to light.
Can a homicide case be prosecuted in federal court instead of state court?
In certain circumstances, yes. Homicides that occur on federal property, involve federal officials, or are connected to other federal offenses may fall under federal jurisdiction, which carries its own set of procedures and sentencing guidelines separate from Missouri state law.
What's the difference between being a "person of interest" and being formally charged?
A person of interest is someone investigators want to speak with or who may have information relevant to a case, but this status alone doesn't carry formal legal consequences. Being formally charged means the prosecutor's office has filed an official complaint or indictment, triggering the criminal court process, including arraignment and the right to bail consideration.
Can homicide charges be reduced through plea negotiations?
In some cases, yes. Depending on the strength of the evidence and the specific circumstances, charges such as second-degree murder may be negotiated down to manslaughter, or sentencing terms may be adjusted through plea agreements. This outcome depends heavily on the facts of each case and is never guaranteed.
Can a first-degree murder charge be reduced in Missouri?
Yes. Through pre-trial motions, forensic re-testing, and establishing a lack of deliberation or premeditation, a skilled defense attorney can challenge the state's evidence to get charges dismissed, reduced to second-degree murder, or downgraded to manslaughter.
What is the "Felony Murder" rule in Missouri?
Under Missouri's second-degree murder statute, a person can be charged with murder if someone dies during the commission—or attempted commission—of an underlying felony (such as robbery, burglary, or kidnapping), even if the defendant did not directly inflict the fatal harm or intend for anyone to die.
What should I do if police want to question me about a homicide in Kansas City?
Exercise your constitutional right to remain silent immediately. Do not answer questions, clarify facts, or attempt to "explain your side" without an attorney present. Respectfully state: "I am invoking my right to remain silent and I want to speak with my lawyer," then contact our office.
Contact Our Homicide Defense Lawyers for a Case Evaluation
Facing any type of homicide charge is one of the most terrifying situations a person can endure. Consulting with our homicide defense lawyers is paramount to pursuing a fair outcome. Our attorneys are dedicated to providing the aggressive advocacy you deserve while safeguarding your rights at each stage of the criminal process.
If you were charged with a homicide, don’t put off legal representation until it’s too late. From analyzing the evidence against you to negotiating with the prosecution, we leverage our advanced knowledge of criminal law and decades of experience in high-stakes homicide cases to relentlessly protect your future.
Don’t throw away your life after a homicide charge by failing to secure a strong defense. Contact us online to discuss your case with our time-tested attorneys.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
