Murder and Culpable Homicide
Murder is the taking of the life of another person with intent or reckless disregard for your actions. This crime is taken very seriously by the criminal justice system, however, there are defences which can be argued to mitigate your sentence -some of which are complete defences. A murder charge can often be reduced to culpable homicide once the facts of the case have been carefully scrutinised. If you have been charged with murder or culpable homicide your case will be heard in the High Court. Our criminal solicitors are highly experienced in dealing with High Court cases. Get in touch today to discuss your case.
Culpable Homicide Defence Lawyers, Glasgow
Culpable Homicide is the act or failure to act which causes the end of someone’s life but where there was no intent. There are defences available for the charge of culpable homicide as with a murder charge which can reduce your sentence or even find you not guilty.
Attempted Murder Lawyers, Glasgow
Attempted murder is where the accused has attempted to end the life or showed a reckless disregard for the life of another, but where death does not result. This charge is also treated very seriously and can result in the accused facing long prison terms.
Contact Our Criminal Solicitors in Glasgow, Scotland
Murder, Culpable homicide and attempted murder charges are very serious and require highly skilled solicitors to handle your case carefully and give you the best possible outcome. Keith Tuck Solicitors have a high level of expertise and experience in the criminal law field and are well accustomed to dealing with highly complex cases and handling large amounts of evidence. We offer our services to both privately funded and Legal Aid clients. We understand you may need our advice outside normal office hours, which is why we operate a 24 hour, 7 days a week service. Our criminal solicitors operate in Glasgow and the surrounding areas. Give us a call today on 0141 471 9296, or contact us via our online contact form.
FAQ Murder and Attempted Murder
Murder occurs when a person takes the life of another either deliberately or in the circumstances where the accused person shows a reckless disregard for the life of the victim. Murder is the most serious of crimes and is only dealt with in the High Court before a Jury. (Solemn matter). We have experienced murder lawyers, who have worked on numerous murder cases over the past three decades.
If convicted of murder there is only one sentence and that is life in prison, although contradictory to that statement the court must impose what is called a punishment element to the sentence that states the minimum period a person is required to remain in prison until eligible to apply for parole.
Attempted murder lawyer
Attempted murder is a crime at common law in Scotland. Attempted murder is the same as the offence of murder in Scottish law with the only difference being that the victim has not died. The offence of murder was defined in Drury v HM Advocate:
Put simply,there must be a death at the time of incident or subsequent.
Culpable Homicide is committed where the accused has caused loss of life through wrongful conduct, but where there was no intention to kill or “wicked recklessness”. This may also be considered in law where the accused is found to be of “diminished responsibility” because of some mental illness or where there was some provocation.
Wicked recklessness may be inferred from the circumstances of the accused’s actions. Normally this will be based on the severity of the injuries and other factors about the nature of the assault.
Our murder lawyers have a combined 45 years of experience.
Is killing of a person in circumstances which allow the act to be regarded in law as without criminal guilt. Eg, Battered woman that kill as there was no alternative, house break-ins during the night and a broad range of other circumstance
Culpable Homicide is known as manslaughter in England & Wales.
Self Defence Criminal Law
Self defence is a complete defence to a charge of assault, murder and culpable homicide.
For a self defence to succeed as a defence the person must be in Imminent Danger. The court would have be satisfied that the accused was being attacked or had a genuine and reasonably held belief that he was about to be attacked. There must also be No Means of Escape, so if you can run away the defence will fail. You must have had no other option but to use force as you were unable to run away to escape from the attack or perceived danger. The defence will prevail even if your belief was mistaken.
There must be no cruel excess of violence in the accused’s retaliation. The accused must not use force grossly in excess of that necessary to fend off his attacker. Examples of cruel excess may be where someone is attacked and quickly overcomes his attacker, but continues to assault him while already incapacitated or throws a stone at his attacker’s head as he flees. The excitement, fear or heat of blood at the moment of an attack will be taken into account when deciding if there was cruel excess. It is possible to act in the defence of another in the same way as you would act in your own defence
Provocation is not a defence in law.
- It merely mitigates the offence and can reduce a charge of murder to culpable homicide.
- There are three requirements for provocation:
- The accused acted in the heat of the moment when through fear or agitation he had lost control of his actions.
- The provocation must be recent and the accused’s reaction must be immediate.
There must be a reasonable relationship between the provocation and that accused’s act.
I was initially charged with Murder in Glasgow. It was, quite frankly, terrifying and I did not eat or sleep well for some time. I lost a lot of weight. I was referred to the 3 murder lawyers at Matthew Berlow Criminal Lawyer. Charges were reduced to culpable homicide. I am writing this to thank Matthew Berlow and the other Assault lawyers for helping me through this, particularly difficult life episode.