If you have been accused of homicide you are facing some of the most severe criminal charges described under state and federal law. A homicide charge can be devastating to your future and your family. These charges must be taken very seriously, and you shouldn’t wait another minute to seek the services of an experienced Omaha homicide lawyer at Berry Law.
When you are facing serious felony charges, such as homicide, finding the best legal advice is the most effective step you can take toward reaching a favorable resolution in your case. At Berry Law, our local criminal defense attorneys. can evaluate the evidence in your case, perform a thorough investigation, and work with you to create a robust defense strategy.
How Is Homicide Charged Under Nebraska State Law?
Under Nebraska Revised Statutes §28-302, homicide is defined as one person killing another. Of note, the legal definition of homicide in Omaha explicitly excludes the killing of unborn humans.
Homicide crimes are divided into two different degrees based on the severity of the situation. The most serious charge is first-degree murder, according to Neb. Rev. Stat. §28-303, which occurs when an individual kills another person under these circumstances:
- Intentionally and with premeditated malice
- While committing or attempting to commit certain felony offenses, including sexual assault in the first degree, robbery, or burglary
- By administering poison or causing it to be administered to others
Murder in the first degree is classified as either a Class I or Class IA felony, punishable by death or life in prison.
Under Neb. Rev. Stat. §28-304, individuals may be charged with second-degree murder if they intentionally cause death without premeditation. Premeditation is defined as formulating a plan to do something before doing it. Second-degree murder is a Class IB felony, punishable by 20 years to life in prison.
Are There Lesser Homicide Crimes in Omaha?
Homicide is not always intentional, which is why state law recognizes lesser offenses such as manslaughter and motor vehicle homicide. Unlike first- or second-degree murder cases, the prosecutor does not have to prove the accused person meant to kill the other party to convict them on these lesser charges. They must only prove that the accused’s criminally negligent, reckless, or unlawful behavior resulted in the unintentional death of another person.
Here is a brief explanation of the lesser homicide charges that might be filed and possible circumstances that might lead to these offenses:
Manslaughter occurs when someone kills another person without malice. This typically happens in the heat of the moment, during a fight, or while in the process of committing an illegal act. Manslaughter is a Class IIA felony, which can result in a prison sentence of up to 20 years. As the potential sanctions for a manslaughter conviction are severe, you should always consult with a homicide lawyer in Omaha if you are facing manslaughter charges.
Motor Vehicle Homicide
Motor vehicle homicide occurs when individuals drive in violation of state law or local ordinance and cause accidents that result in someone’s death. According to Neb. Rev. Stat. §28-306, motor vehicle homicide can be a Class I misdemeanor offense, but it also can be a felony charge in certain circumstances.
Though manslaughter and motor vehicle homicide are lesser offenses, a conviction can still have serious implications. As such, it is vital that you seek legal help when facing these types of charges. An experienced homicide attorney can explain the law and any possible defenses to these types of homicide charge.
Contact an Omaha Homicide Attorney for Legal Advice Today
Every homicide case involves different forms of evidence and circumstances that led to the death in question. A dedicated Omaha homicide lawyer at Berry Law can analyze your situation and help you build a strong defense strategy for your case.
The stakes are higher in homicide cases than in most other criminal cases, and a conviction could change your life. As a result, you should arm yourself with the relentless legal representation you need by contacting Berry Law today.