First-degree murder is a serious crime. Being convicted of first-degree murder can mean spending your life in prison. But, this does not mean that there is no defense available. If you are falsely accused of this crime, be sure to take advantage of criminal defense in Hawaii right away.
Figuring out the right defense in your situation is the responsibility of your defense attorney. The ultimate goal here is to prove you did not do it. Some of the common defenses against first-degree murders are:
- Mistaken Identity
In this defense, you argue that the prosecution is charging the wrong person. Your lawyer will have to present your alibi and provide evidence that you are not at the crime scene. Challenging forensic evidence is also possible.
- Accidental Killing
Killing someone by accident does not automatically mean murder. But, if the accidental killing is a result of a crime or even a criminal intention, that can be first or second-degree murder. The prosecution has the burden to prove that you had the intention.
- Justified Killing
This defense can either be self-defense or defense of others. You may have used force to defend yourself or another person. However, the degree of force you used for defense must be proportionate to the perceived threat. For instance, shooting someone who punched you cannot be self-defense.