If you are facing criminal charges for an alleged murder, you may be in the most important battle of your life. The consequences for a murder charge are severe, and a criminal conviction can completely change your life. If you have been charged with murder, you should speak to an experienced Lincoln murder attorney as soon as possible. Our firm handles murder and manslaughter cases throughout Nebraska. A relentless homicide attorney from Berry Law will work relentlessly to protect your rights throughout a criminal proceeding and fight for your future.
Knowing How to Fight for Your Rights
Our team has experience with homicide cases. We have a strong record of favorable outcomes for clients facing severe penalties, including jury acquittals, dismissals, and plea agreements. Our trial lawyers are equipped to handle any homicide charge, including but not limited to:
- First-degree murder – intentional and with premeditation
- Second-degree murder – intentional but not premeditated
- Manslaughter – unintentional and without malice
- Vehicular homicide, including hit-and-run accidents
- DUI manslaughter
Sentencing Guidelines for Lincoln Murder Charges
Premeditation and intent are two significant aspects that affect the outcome of a homicide charge. The highest homicide charge that can be brought against someone is first-degree murder.
Pursuant to Nebraska Revised Statutes §28-303, first-degree murder refers to intentionally ending the life of another individual. A person can also be charged with first-degree murder if they kill someone while engaging in other crimes, such as robbery, arson, or kidnapping. An individual who is convicted of first-degree murder will face either Class I or Class IA felony punishments. A Class IA felony is punishable by life in prison and a Class I felony conviction, the death penalty.
The key difference between first-degree murder and second-degree murder is that first-degree murder involves forethought, while second-degree murder occurs when the act is not premeditated. Second-degree murder is charged as a Class IB felony, which carries a minimum 20-year prison term with the possibility of life in prison.
Neb. Rev. Stat. §28-305 contains the definition and penalty for manslaughter. Whereas both first-degree and second-degree murder involve the intentional and malicious act of killing someone, manslaughter occurs when someone accidentally kills someone while engaging in criminal conduct or during a fight. Nebraska legislature defines manslaughter as a Class IIA felony, with a maximum prison term of 20 years.
For vehicular homicide, the penalty relies on any underlying violations and previous drunk driving convictions. As such, a conviction for vehicular homicide can vary from 1 year in jail and a $1,000 fine to a 50-year prison sentence. The person’s license can also be revoked for anywhere from 1 to 15 years.
Contact a Lincoln Murder Attorney Today
Every homicide case is unique. Our attorneys look at every piece of the prosecution’s case: identity, forensics, witnesses, motive, and so forth before going to trial. We understand what is at stake and what it takes to fight these charges in court.