Murder & Manslaughter

A homicide charge, such as murder or manslaughter, is a serious offense that can result in permanent consequences. Media attention can often turn the public against you, making it unsafe for you and your family. If convicted, you could spend many years in prison. If you are released, you’ll also have difficulty finding a job and a place to live.

Call (207) 283-6400 NOW for a FREE consultation with an experienced Maine murder defense attorney!

Instead of trusting your defense to a lawyer who doesn’t understand the system, choose a Maine criminal defense attorney with the experience, skills, and resources to mount the best possible defense given the facts in your case. Contact the Webb Law Firm by calling (207) 283-6400 to speak with a Maine criminal defense lawyer. All criminal charges are serious — don’t risk your freedom and your future by waiting to get help.

A person who is accused of killing someone can be charged with either murder or manslaughter. The distinction between the two charges can be difficult to understand. In Maine, the difference usually comes down to the person's state of mind when the death was caused.

A person is guilty of murder if the person intentionally or knowingly causes the death of another human being. A person is also guilty of murder if the person engages in conduct that shows a depraved indifference to the value of human life and that conduct in fact causes the death of another human being. Maine's murder law does not use the term malice.

Manslaughter covers a death that a person causes recklessly or with criminal negligence. It also covers an intentional or knowing killing by a person acting under extreme anger or extreme fear brought about by adequate provocation, as explained below. In some cases, when the evidence about the person's state of mind is not clear, a criminal defense lawyer may be able to plead down the charge to manslaughter.

Maine murder charges work differently than many people expect. Maine does not divide murder into first degree and second degree. Maine has one crime of murder, and its definition does not ask whether the killing was planned ahead of time. A person can also commit murder by intentionally or knowingly causing another person to commit suicide through the use of force, duress or deception. A person convicted of murder must be sentenced to imprisonment for life or for a set number of years that is not less than 25.

Maine also has a separate crime called felony murder. It applies when a person, acting alone or with others, commits or attempts to commit murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape, or is in immediate flight afterward, and the person or another participant in fact causes the death of a human being. The death must be a reasonably foreseeable consequence of the crime, the attempt or the flight. Felony murder is a Class A crime, which carries a maximum of 30 years in prison.

Maine's manslaughter law does not use the labels voluntary and involuntary. It describes three forms of the crime. The first is recklessly, or with criminal negligence, causing the death of another human being.

The second is intentionally or knowingly causing a death under circumstances that are not murder because the person acted under the influence of extreme anger or extreme fear brought about by adequate provocation. Provocation is adequate only if the person did not induce it and it is reasonable for the person to react to it with extreme anger or extreme fear. Both of these forms of manslaughter are Class A crimes, with a maximum of 30 years in prison.

The third form involves the workplace. It applies to a person who has direct and personal management or control of a place of employment or an employee, and who intentionally or knowingly violates a state or federal occupational safety or health standard. If that violation in fact causes the death of an employee, and the death is a reasonably foreseeable consequence of the violation, it is manslaughter.

There are exceptions for a person who performs a public function as a volunteer or for minimal pay, and for a public employee at a life-threatening situation who is forced to make a judgment reasonably calculated to save a life. This form is a Class C crime, with a maximum of 5 years in prison.

A person accused of either crime needs an experienced Maine criminal defense attorney immediately. The first step for a criminal defense attorney is to determine whether the person should plead guilty or not guilty. If the accused is innocent, an attorney works with him to prove his innocence. The task for the attorney is to refute any evidence the prosecution has accumulated in order to cast reasonable doubt that the person committed the crime.

If the person did kill someone, the attorney has to determine if he can plead to a lesser charge. Whether a death is murder or manslaughter often turns on the person's state of mind at the time of the event. Challenging the State's evidence on that point is a difficult task, but an experienced criminal defense lawyer may be able to use the available evidence to show a jury that the person did not act intentionally or knowingly. It is also an affirmative defense to a charge of intentional or knowing murder that the person acted under the influence of extreme anger or extreme fear brought about by adequate provocation. That defense does not prevent a conviction for manslaughter.

Murder trials can take months or even years to reach a final result. An attorney has a complex task before them, starting with the arraignment for bail and continuing with a thorough investigation into the crime. Even after a guilty verdict is handed down, an attorney may begin the appeal process to have the verdict reversed. Enough new evidence must be gathered to warrant an appeal and an attorney who is experienced in murder/manslaughter trials understands how and when to pursue an appeal.

If you have been charged with murder or manslaughter, you need to hire a Maine criminal defense attorney with experience defending murder cases. He should be familiar with the local court system and the prosecutor handling your case. Your life and your future hang in the balance, so take the time to consider who will best represent your interests.

Contact the Webb Law Firm by calling (207) 283-6400 24 hours a day, 7 days a week. You may also contact Attorney Webb by using our convenient online contact form. We offer free legal consultations. Our firm represents individuals throughout Maine.