Can You Be Charged With Murder in Missouri For Killing Someone in Self-Defense?

April 16, 2024

Missouri law states that it is legal to defend yourself and kill someone in self-defense if you ‘reasonably believe’ that deadly force is necessary to protect yourself or another from death, serious physical injury, or a forcible felony. This is self-defense. However, self-defense cases can be tricky to prove and it is on the defendant to inject the issue of self-defense; this means the state can always bring a murder charge and it is up to the defendant to raise the issue of self-defense.

Fortunately, aggressive criminal defense can result in a favorable resolution in many self-defense cases where criminal offenses and homicide charges are on the table. Kirsch & Kirsch, LLC, criminal defense attorneys, understand the importance of safeguarding your legal rights, especially in self-defense cases with questions about a defendant using deadly force. 

Our attorneys have years of successful experience in criminal defense, and we can offer the legal experience to navigate the Missouri criminal justice system successfully. Contact our Missouri criminal defense attorneys at (573) 261-5867 if you want the best possible legal defense in your case as a murder defendant. 

You Can Be Charged With Murder After Acting in Self-Defense

You should know that it is possible for a defendant to be charged with murder according to criminal law in Missouri, even if you thought you acted in self-defense when using deadly force. If the jury believes you had criminal intent without justification, you could be convicted of murder. People can be arrested or charged with murder even when they thought what they did was justified under the circumstances. 

How is Murder Defined in Missouri? 

Missouri law states that murder is the knowing killing of someone. The line between self-defense and murder is a thin one, and you should have an experienced criminal defense attorney advising you if you think you could be criminally charged. 

Understanding Missouri’s Self-Defense Laws

There are several critical Missouri defense laws in the penal code to understand regarding self-defense. First, Missouri is a ‘Stand Your Ground’ state, which means you are not required to retreat before defending yourself. You can protect yourself against harm. 

Second, the law states that in Missouri, the Castle Doctrine applies. You are not required to retreat if someone breaks into your home. You can defend yourself in your home under the Castle Doctrine because if you reasonably believe there is imminent peril as outlined above.

Self-defense generally means the defendant proving the following facts: 

• You believed that you or a another person were in imminent danger of being seriously harmed or killed. 
• You had a reasonable belief that an immediate use of force was needed to defend against the danger. 
• You used no more force than was reasonably necessary to mitigate the danger and protect yourself and avoid great bodily harm. 

The judge or jury will carefully consider the circumstances of the case and crime scene to determine if a reasonable person would agree that using force was appropriate and needed because you faced imminent danger. The jury must believe beyond a reasonable doubt that you committed unjustifiable homicide to convict.

Self-Defense Examples

To claim self-defense, you must prove that you reasonably believed you were in a dangerous situation at the crime scene that could have led to serious physical injury or death, so you had to protect yourself and take a human life. This could include being attacked outside a bar or being cornered in an alley by a person with a knife or other deadly object. 

On the other hand, suppose you were in a relationship with a man who physically abused you. After he assaulted you, he said that he probably would not allow you to live to see the next day. Then, he fell asleep, and you killed him in his sleep because you believed he would hurt you. This case would probably not be self-defense because there was no imminent risk of harm. You could potentially face first-degree or second-degree murder charges.

Criminal Penalties For Missouri Murder Convictions

If your self-defense case is unsuccessful, you could be convicted of murder. A first-degree murder conviction can result in the death penalty or life in prison without parole. A second-degree murder conviction is punishable by 10 to 30 years or life in state prison. 

Speak to Our Missouri Criminal Defense Attorneys Today 

If you are a defendant against a murder charge in Missouri after acting in self-defense, you need immediate legal help so you aren’t convicted of a serious crime. The Kirsch & Kirsch law firm has an impressive record defending clients against serious criminal charges, including murder and manslaughter. Call now to get started on your defense at  (573) 261-5867. For more information on our experienced legal representation and defense strategies, please visit our defense attorney page.