Murder is the unlawful killing of a human person with malice aforethought and is distinguished from other forms of homicide by lack of lawful justification (i.e. self defense).
Malice aforethought exists if the defendant acts with any of the following states of mind:
(i) Intent to kill; (ii) Intent to inflict serious bodily harm; (iii) Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart); or (iv) Intent to commit a felony.
Under element (i) intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.
If you have been accused of murder it
is very critical that you use a legal defense team with specific
experience and expertise dealing with these types of charges. At
Rizio & Nelson we are more than qualified to assist you in your
defense if you find yourself charged with murder. Call us 7 days
a week, 24 hours a day and speak with our attorney on call for assistance.
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