Murder + Assaultive Offenses
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CapitalMurder
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Murder
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Manslaughter
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Criminally Negligent Homicide
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Aggravated Assault
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Assault
Each of these offenses involve the use of force of varying degrees and what lawyers call “criminal intent” in addition to other elements of proof. For example, capital murder involves an intentional killing (i.e. a murder) along with another fact that would qualify the murderer for the death penalty or a life sentence. The fact could include the status of the victim as a law enforcement officer, for example. The fact could be that the murder occurred in the course of another serious felony like aggravated robbery. There are other facts that, if proven, would make an intentional killing a capital murder.
By contrast, murder is an unjustified intentional killing. Manslaughter is a killing that results from reckless behavior that is obviously dangerous to human life. Criminally negligent homicide occurs when a death is caused by criminal negligence.
The range of punishment for each of these offenses scales from death or life in prison for capital murder down to six to 18 months in state jail for criminally negligent homicide. The intent of the actor, the surrounding circumstances of the killing, and whether the victim dies determines what offense is charged and what punishment range applies.
Mark White Law has deep experience in defending these types of charges involving the use of deadly force or mere force. It has been Mark’s experience that, when it comes to assaultive offenses like these, the person who wins the fight goes to jail even if he or she does not deserve it. It has also been his experience that the first person to call the police after a fight, gets to set the narrative for what law enforcement comes to think had happened. The other party gets charged even though he or she may not have deserved it.
In many of these cases, good people get arrested even though they used deadly force in self-defense, in defense of a loved one, or in defense of property. If the person they defended themselves from dies, the good people are charged with murder or manslaughter. If the person lives, they are charged with aggravated assault. Often, those charges result from law enforcement not believing or crediting what the user of force said had occurred to justify the use of deadly force. The otherwise innocent person is put through the wringer of the criminal justice system. Often, that is because law enforcement officers and prosecutors lack the moral courage to tell alleged victim or the family of the victim that the victim started the trouble and deserved what he got.
If law enforcement ever seeks to question you about your using force or deadly force to defend yourself, you should politely decline to answer questions without your lawyer being present. If you did not call the police, then they want to speak with you to gather evidence against you. They probably already made up their mind about what happened, and there is nothing you can say to persuade them to your side. If you are in that position, you need to contact an experienced criminal defense lawyer for advice.
As a former Federal Agent, Mark White understands not just the law of self-defense, but has trained in use of deadly force and knows when it is reasonably necessary. He understands that the decision to use deadly force must be made in an instant and the consequence of hesitation might be your own death or serious injury. He knows how to articulate the reality of self-defense to a jury because he has seen it from both the legal and the practical sides.
