Defenses to Arkansas Murder Charges
How We Fight
Every homicide case has a defense. The question is whether your lawyer knows where to find it.
Arkansas law permits the use of deadly physical force when a person reasonably believes another person is:
• Committing or about to commit a felony involving force or violence • Using or about to use unlawful deadly physical force • Imminently threatening death, serious physical injury, or certain forms of domestic abuse.
Arkansas generally does not require a person who is lawfully present to retreat before using justified deadly force, provided the person is not the initial aggressor and otherwise satisfies the statutory requirements.
Once evidence supporting justification is introduced, the State must disprove the defense beyond a reasonable doubt.
Lack of Required Mental State
Murder charges generally require proof that the defendant acted purposely, knowingly, or under circumstances demonstrating extreme indifference to human life. A defendant may argue that the State cannot prove the required mental state beyond a reasonable doubt.
• Accident
• Misidentification
• Lack of intent to kill
• Lack of knowledge that conduct would cause death.
Defense of Another Person
A defendant may be justified in using deadly force to protect another person under circumstances that would justify self-defense. The defense is evaluated based on the defendant’s reasonable belief concerning the threat faced by the third person.
Although not a complete acquittal defense, evidence that a defendant acted under the influence of an extreme emotional disturbance for which there is a reasonable excuse may reduce what would otherwise be murder to manslaughter.
Arkansas recognizes a defense based on mental disease or defect where the defendant lacked the capacity required by law because of a qualifying mental condition. If successful, this defense can result in a verdict of not guilty by reason of mental disease or defect.
The defendant may contend that he or she was not the perpetrator, was elsewhere when the crime occurred, or has been incorrectly identified.
Duress
A defendant may assert that he or she engaged in criminal conduct because of coercion involving unlawful threats that would overcome the resistance of a reasonable person. Duress generally is unavailable where the defendant recklessly placed himself or herself in the coercive situation and may have limitations in homicide cases depending on the circumstances.
Applies to Every Homicide Charge
Accomplice Liability in Arkansas Murder Cases
Murder prosecutions are among the most complex and aggressively litigated cases in the criminal justice system. They require meticulous investigation, strategic litigation, and relentless advocacy. The State brings in their best prosecutors and expert witnesses. It takes the best to beat the best.
From the moment we are retained, we begin a comprehensive review of every aspect of the case. We examine police reports, witness statements, forensic evidence, digital records, surveillance footage, and expert opinions. We challenge unreliable testimony, investigate alternative suspects, scrutinize forensic methods, and hold law enforcement accountable when constitutional violations occur.
We represent clients facing charges ranging from manslaughter to capital murder and understand the life-changing consequences that accompany these allegations. Our attorneys are experienced in handling complex jury trials, negotiating with prosecutors, litigating pretrial motions, and presenting compelling defenses in court.
We have assembled a team of former federal and state prosecutors and police officers.
Other lawyers can handle the small cases. It takes the best to defend a murder case.
If you or a loved one is facing a murder charge, contact our office for a confidential consultation. The decisions made in the early stages of a case can have a profound impact on the outcome. Let our experience, preparation, and dedication work for you when the stakes are highest.
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