Mark B. Arthur: Attorney at Law

Homicide is the killing of one person by another. The premeditated killing of one person by another is first degree murder. Murder without premeditation is second degree murder. Skilled and competent counsel must be hired and on the case from the very beginning because evidence can be lost and stories changed in a short period of time.

The killing of one person by another during the commission of certain crimes is felony murder. These crimes include arson, burglary, kidnapping, and robbery. This is punished the same as second degree murder, which is 5 to 40 years incarceration.

Voluntary and involuntary manslaughter are punishable by a maximum of 10 years. Voluntary manslaughter involves an intentional killing, but one that is done in the heat of passion. Involuntary manslaughter is an unintentional killing but is one that is reckless. This includes DUI deaths and firearms accidents.  In both cases, manslaughter is punishable by 15 years in prison.

The Winning Approach to Charges of Homicide

As a member of the defense team, you must first advise us of all of the facts in your case. You must collect all of the facts regarding your case, including what happened, who was involved and witness information, and tell us everything.  This is the most important step before the investigation begins.  We will then develop this information, through trained professionals, into a defense case that is legally solid and compelling to a jury.

Expert witnesses can be a key element of your defense. While not all cases require the use of experts, there are many cases where scientific experts can be invaluable. This may include such experts as DNA scientists, medical doctors, psychologists, document and handwriting analysis experts, fingerprint & "voiceprint" experts and police investigation experts. It is not possible to know what experts may be needed until your case is thoroughly evaluated.

Police investigations must be carefully scrutinized. In our system of justice, it is defense attorneys who force law enforcement personnel to play by the rules. In our criminal defense practice, we find it beneficial to our clients to challenge unlawful intrusions on your rights in court. Our trial team will carefully examine your case for violations of law, which can be asserted in your defense.

If You are Facing Homicide Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you.  It is legal for the police to lie to you.  Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk.  Be polite and courteous, but refuse to discuss their investigation with them.  You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present.  Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court.  Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors.  If you have made such statements, we will deal with it together.  If you have not, DON'T!
• Never consent to anything without the advice of your attorney.  This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest.  If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully.  It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information.  This includes your full legal name and address.  If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call.  Get an attorney quickly, if you call family or friends have them contact an attorney.  You can reach us at 1-434-846-7111.
• Post bond as quickly as possible.  If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel”.  At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible.  When you meet with me, be completely honest with your version of events.  Tell us about any past traffic record or witnesses that might help or hurt your case.  Remember that you are the most important part of your defense team.