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Murder Defenses Exist When Premeditation Is Not Involved

There are different felony charges that fall under the general crime of murder. For example, when an Iowan is charged with planning a person's killing and then executing the alleged crime, they may be charged with first degree murder. If the individual is charged with intentionally killing someone but not with having premeditated the crime, their charge may be second degree murder.

Second degree murder charges are very serious but individuals who must confront these difficult allegations do have defense options that may help them protect their rights and freedom. This post will discuss several second degree murder defenses but as with all of the information articles included on this criminal defense blog, the contents contained herein should not be read as legal advice.

One defense to second degree murder that may apply to a person's case is innocence. This is the most complete defense that a person may offer as it admits no guilt and overcomes claims of both the individual's alleged intention to kill the person as well as their actions to commit the crime. Proof of innocence may bring a person's second degree murder trial to an end.

Another possible defense that a person may put forth at trial is self-defense. A claim of self-defense causes a person to admit that their actions led to the other individual's death. However, the defense provides an explanation that justifies the actions of the accused party and demonstrates that their actions were necessary to protect their own life from being taken.

Insanity, intoxication and other possible defenses exist to claims of second degree murder. Iowans who face these overwhelmingly serious legal charges should not take on their legal battles alone. Criminal defense attorneys can provide invaluable guidance and support for individuals who are charged with serious violent crimes.

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  • J. Dean Keegan J. Dean Keegan

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    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

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    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
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  • Andrea D. Jaeger Andrea D. Jaeger

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    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in federal and state courts, ...
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  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

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    Muscatine County FECR050038. Attorney Dean Keegan's client was charged with two counts of controlled substance violation, as well as two counts of failure to affix tax stamp. After a year of court appearances and negotiating with the prosecutor, all charges were dismissed with costs assessed to the State.

  • Carrying Weapons, Public Intoxication, & Disorderly Conduct Carrying Weapons & Public Intoxication Charges D

    Linn County AGCR108044. Attorney Dean Keegan's client was charged with Carrying Weapons, Public Intoxication, and Disorderly Conduct. After plea negotiations with the State, Mr. Keegan was successful in dismissing the Carrying Weapons and Public Intoxication charges.

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    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Embezzlement No Criminal Charges Filed

    Cedar Rapids, Linn County, Iowa. An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.

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    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

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    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

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    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Operating While Intoxicated 3rd Offense Charge Dismissed

    Linn County OWCR104143. Attorney Dean Keegan's client was charged with a felony 3rd offense OWI. Mr. Keegan argued the officer did not have reasonable grounds to pull over his client. The charges were dropped from a felony to a ticket fine of $15.00 for being in a park past closing time.

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