Top Lihue, HI Homicide Lawyers Near You
Homicide Lawyers | Lihue Office
4028 Rice Street, Suite B, Lihue, HI 96766
Lihue Homicide Information
Lead Counsel independently verifies Homicide attorneys in Lihue and checks their standing with Hawaii bar associations.Our Verification Process and Criteria
- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
- Good Standing Be in good standing with their bar associations and maintain a clean disciplinary record.
- Annual Review Submit to an annual review to retain their Lead Counsel Verified status.
- Client Commitment Pledge to follow the highest quality client service and ethical standards.
The Crime of Homicide
A charge of homicide does not necessarily mean someone intended to kill another person. There are several types of homicide crimes and each vary by the facts of the case and the jurisdiction. Aside from the act, the alleged perpetrator’s intent is also extremely important. Depending on the specifics of your case your attorney can help explain to you the charges against you and the various possible defenses to your case.
What Is Homicide?
Homicide takes place when one person kills another. Homicide may or may not be illegal, and this judgment is highly dependent on context.
For example, if a soldier on the battlefield shoots and kills an enemy combatant they have committed homicide, but their actions do not (ordinarily) constitute a crime. In some jurisdictions, if a home intruder is gunned down by the lawful resident, it may not be considered a crime — though homicide has occurred.
Criminal homicide, typically involving offenses such as murder (both first and second degree) as well as manslaughter (voluntary, involuntary, vehicular), refers to illegal forms of homicide.
What Is the Difference Between Murder and Homicide?
While all murders are instances of homicides, not all homicides are murders. Murder is by definition a crime, and a requisite element for murder charges is premeditation or malice. Homicide is not bound by any such stricture in terms of its definition.
An individual who plans to kill a longstanding enemy or rival, and then executes this plan, is guilty of murder — in this case, an illegal instance of homicide.
What Is the Difference Between Manslaughter and Homicide?
As with murder, all manslaughter cases involve homicide, but not all homicides involve manslaughter. Manslaughter is typically defined as an unlawful killing that was not premeditated or an unlawful killing that is the result of criminally reckless behavior (commonly known as a “depraved-heart” killing).
A person who finds their spouse engaged in the act of adultery, flies into a fit of rage and kills one of the other parties is likely to be charged with voluntary manslaughter — and they have committed a form of illegal homicide.
Is Homicide a Felony?
Homicide can either be a legal or illegal action depending on the circumstances. However, when considering illegal homicide such as murder or manslaughter, the charges are almost always classified as felony offenses due to the gravity of the crime (a life has been taken).
How Much Jail Time Can You Receive if You Commit Homicide?
Instances of illegal homicide vary greatly in terms of sentencing handed out in response to criminal convictions.
If you are found guilty of voluntary manslaughter (manslaughter committed in the heat of passion or during a fight, you could face up to 15 years in prison. Those convicted of involuntary manslaughter (that is, a death resulting from reckless behavior or similar negligence) may serve up to eight years behind bars. State statutes typically follow a similar sentencing scheme, though some jurisdictions allow for up to 15 years in prison for involuntary manslaughter.
Murder is treated even more seriously by both state and federal courts. Those found guilty of first-degree murder in federal court face life imprisonment or even the death penalty (in states which allow for this sentence to be executed). Those convicted of second-degree murder face any number of years in prison, or a life sentence alternatively.
Legal homicide, such as the examples provided earlier, does not carry a sentence.
Can a Lawyer Help With a Homicide Charge in Hawaii?
If you are facing charges related to illegal homicide of any nature, whether said charges are murder or manslaughter, it is strongly recommended that you seek experienced legal representation at your earliest opportunity.
A skilled criminal defense attorney familiar with homicide cases, established case law surrounding these and standing legal judgments or precedents, can be extremely useful in helping you to navigate the court system — increasing your chances of avoiding a conviction. Attorney-client privilege protects your discussions with your lawyer, allowing you to divulge all relevant information to them without fear of legal repercussions.
A conviction on charges of homicide is a very serious matter, as all offenses falling under this legal category are defined as felony offenses of the highest degree. A lengthy prison sentence, substantial monetary fines and even the death penalty can be the result if you are found guilty, and so it is vitally important to secure adequate, professional legal counsel.
Have You Been Charged With the Crime of Homicide?
If you have been charged with the crime of homicide, you will have the option to hire a homicide defense attorney or have one appointed to you. He or she can help protect your rights before and during the trial.
Top Questions to Ask When Hiring an Attorney
- How many years have you been practicing law? How long have you practiced law in the local area?
- How many cases similar to mine have you handled in the past?
- What is the likely outcome for my case?
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
The Importance of a Good Consultation
The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.
Does firm size matter?
For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.
Common legal terms explained
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.