{"id":374487,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/missouri-law\/missouri-first-degree-murder.html"},"modified":"2016-06-20T19:49:11","modified_gmt":"2016-06-21T00:49:11","slug":"missouri-first-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/missouri-law\/missouri-first-degree-murder.html","title":{"rendered":"Missouri First-Degree Murder"},"content":{"rendered":"\n
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Missouri First-Degree Murder<\/h1>\n
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First degree murder is the most serious of the homicide<\/a> crimes in Missouri. In order to prove that the defendant committed first degree murder<\/a>, the prosecutor must show beyond a reasonable doubt that the defendant intentionally and deliberately killed a person without a legally justified reason (such as a police officer shooting an armed bank robber with hostages). Serial murderers who kill for fun and individuals who plot and execute a revenge killing of someone who allegedly slighted them would both be examples of first-degree murder.<\/p>\n

Missouri first degree murder laws treat the offense as a very serious crime. The penalties are based on the circumstances of the crime. If the criteria for first degree murder isn’t met, the defendant may still be found guilty of a lesser murder charge, such as: second degree murder<\/a> (killing without premeditation), voluntary manslaughter<\/a> ("heat of passion murder"), or involuntary manslaughter<\/a> (an accidental killing).<\/p>\n

Defenses to Murder Charges<\/h2>\n

Some defenses to first degree murder are complete, meaning the person walks free if believed by the court. For example, innocence is a complete defense, as potentially lack of intent or lack of knowledge could be. However, others defenses, such as self-defense<\/a>, insanity<\/a>, or intoxication are often only partial. Partial defenses may only reduce the crime to a lower murder charge, such as manslaughter.<\/p>\n

Penalties and Sentences<\/h2>\n

Missouri law permits capital punishment, or the death penalty. A capital murder case is bifurcated<\/a>. First, the issue of guilt is determined. Then a second phase of the trial on sentencing begins. At the sentencing hearing, the judge or jury hears evidence on both aggravating and mitigating factors involved in the crime and issues a penalty, including death, based on those factors. Aggravating circumstances show maliciousness, insult, lack of remorse, etc. and increase penalties, while mitigating circumstances decrease criminal responsibility or bear on why the crime was committed (such as years of abuse at hands of the murder victim), thereby making a less severe sentence reasonable.<\/p>\n

Missouri law dictates what can be considered as aggravating and mitigating factors<\/a>. The aggravating factors that can be presented by the prosecutor are:<\/p>\n