Cole · Boone · Callaway Counties
Homicide Defense Lawyer in Missouri
A homicide charge is the most serious case the State brings, and the investigation usually starts long before the arrest. What happens in the first days, including what you say and to whom, can shape the entire case. Our office is across the street from the Cole County Courthouse.
The charges
What are the degrees of murder and manslaughter in Missouri?
Missouri has two degrees of murder and three forms of manslaughter. The difference between them is mostly about state of mind: what the State says you intended, or failed to foresee, when the death occurred.
Murder in the first degree
Knowingly causing a death after “deliberation,” which Missouri defines as cool reflection for any length of time, no matter how brief. For an adult, the only sentences are death or life in prison without parole.
Murder in the second degree
Knowingly causing a death, causing a death while intending serious physical injury, or a death that occurs during a felony (felony murder). A class A felony: 10 to 30 years or life.
Voluntary manslaughter
A killing that would be second-degree murder, but done under sudden passion arising from adequate provocation by the victim. A class B felony: 5 to 15 years.
Involuntary manslaughter
Recklessly causing a death is first degree, a class C felony (3 to 10 years). Causing a death with criminal negligence is second degree, a class E felony (up to 4 years).
Missouri has no “third-degree murder.” A death caused while driving intoxicated is charged under Missouri’s DWI statute, as a felony that escalates with the circumstances.
The stakes
How many years do you get for murder or manslaughter in Missouri?
The range depends on the degree, but the time actually served depends on more than the sentence.
The 85 percent rule
Second-degree murder is a “dangerous felony” in Missouri. A person sentenced for it must serve 85 percent of the sentence before parole eligibility, and a life sentence is counted as 30 years for that calculation.
Armed criminal action
A homicide charge involving a weapon is often paired with armed criminal action, a separate felony with its own prison term that can run in addition to the homicide sentence.
Felony murder adds up
The punishment for felony murder is in addition to the punishment for the underlying felony. One event can produce several charges.
No time limit
Murder and any class A felony can be charged at any time. There is no statute of limitations.
The key defense
Is Missouri a stand your ground state?
Yes. Missouri law says you have no duty to retreat from your home, your vehicle, private property you own or lease, or anywhere else you have a right to be. You may use deadly force when you reasonably believe it is necessary to protect yourself or another person against death, serious physical injury, or a forcible felony.
Who carries the burden
You have to raise self-defense with some evidence. Once it is in the case, the State must prove beyond a reasonable doubt that you did not act in lawful self-defense.
Where it does not apply
Self-defense is generally unavailable to the initial aggressor unless they withdrew and made that clear, or to someone committing or fleeing a forcible felony. These limits are where many self-defense cases are fought.
Our approach
How do you defend a homicide case?
By treating it as the trial it may become, from the first day. The State has usually been building its case for weeks or months. The defense has to catch up, and then test every part of it.
- The investigation. Scene evidence, autopsy findings, forensic testing, phone and location data, and video. We examine how each was collected and what it actually shows, which is often less than the charging documents claim.
- State of mind. The line between first-degree murder, second-degree murder, and manslaughter is about intent, deliberation, and provocation. That line can mean the difference between life without parole and a term of years.
- Statements. Interrogations are recorded. Whether your rights were honored, and whether a statement can be used at all, is a central question.
- Justification. Where the facts support self-defense or defense of others, it is built from the beginning, not raised at the end.
- Independent experts. Homicide cases often turn on forensic science, and the defense needs its own experts to evaluate it.
If a homicide case has already ended in a conviction, the path forward runs through direct appeal and post-conviction relief, which are a core part of our practice.
Answers
Homicide defense questions we hear
What is the difference between murder and manslaughter in Missouri?
Intent. Murder requires knowingly causing a death, or a death during a felony. Voluntary manslaughter is a knowing killing done under sudden passion caused by adequate provocation. Involuntary manslaughter is a death caused recklessly or with criminal negligence, without intent to kill.
How many years do you get for manslaughter in Missouri?
Voluntary manslaughter is a class B felony, 5 to 15 years. First-degree involuntary manslaughter is a class C felony, 3 to 10 years. Second-degree involuntary manslaughter is a class E felony, up to 4 years. Penalties are higher when a law enforcement officer is intentionally targeted.
Which is worse, manslaughter 1 or manslaughter 2?
In Missouri, first-degree involuntary manslaughter, a reckless killing, is more serious than second-degree, which involves criminal negligence. Voluntary manslaughter, a killing under sudden passion, is more serious than either.
Does Missouri have third-degree murder?
No. Missouri has first- and second-degree murder, voluntary manslaughter, and first- and second-degree involuntary manslaughter.
Should I talk to the police if I am a suspect in a death investigation?
Not without a lawyer. You have the right to remain silent and to have a lawyer present. Investigators may describe you as a witness while treating you as a suspect. Anything you say can be used to establish the intent or deliberation the State has to prove.
Facing a different serious felony? See our Missouri criminal defense page, or our pages on assault and weapons charges. For deaths without intent, see involuntary manslaughter in Missouri.
Talk to us
Talk to a lawyer before you talk to anyone else.
If you or a family member is under investigation or has been charged in a death in Cole, Boone, or Callaway County, contact us immediately.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. It reflects Missouri law as of September 2026. Contacting Vindex Law, PC does not create an attorney-client relationship.
© 2026 Vindex Law, PC · 235 East High Street, Suite 102, Jefferson City, MO 65101