Murder Laws in Kansas: Understanding the Different Charges

In Kansas, a defendant can be charged with three different types of murder: first-degree murder, second-degree murder, and capital murder. Murder charges in Kansas are the most serious offenses under state law, with maximum sentences up to life in prison or death. 

The circumstances and the defendant’s state of mind play a crucial role in a murder defense. An experienced criminal defense attorney can navigate the complexities of a murder charge, potentially reducing their client’s charges or getting them dropped. 

Jeremy D. Koop, a long-time Kansas attorney who’s been on both sides of the courtroom, can provide a thorough and vigorous defense strategy if you’re facing a murder charge. 

What is first-degree murder?

First-degree murder in Kansas is defined as intentionally killing someone with premeditation or during the commission or attempt to commit an inherently dangerous felony. Inherently dangerous felonies could include crimes such as kidnapping, robbery, child abuse, or fleeing a police officer. 

Generally, a person convicted of first-degree murder in Kansas can be sentenced to life in prison with the possibility of parole after 25 years or life in prison with the possibility of parole after 50 years if the killing is determined to be premeditated.

As you can see, whether or not a prosecutor can prove if a first-degree murder was premeditated can drastically affect a defendant’s potential prison sentence. This underscores the importance of immediately seeking effective legal counsel if you or a loved one is facing the possibility of a first-degree murder charge.

What is second-degree murder?

Second-degree murder in Kansas is defined as killing a person intentionally or killing them unintentionally but recklessly with “extreme indifference to the value of human life.”

A defendant convicted of second-degree murder could be sentenced between 12 years and 54 years in prison if the court determined the killing was intentional. The possible sentence for someone convicted of unintentional second-degree murder is between nine years and 41 years in prison.

Second-degree murder and manslaughter cases can be similar. Depending on the circumstances of the cases, a skilled defense attorney may be able to lower the charges against their client by arguing the elements of the case don’t fit a murder charge. If successful, this could significantly reduce the amount of time a defendant is sentenced to prison.

Read: Kansas Manslaughter Charges and Key Differences from Murder

What is capital murder?

In Kansas, a person can only be given the death penalty if they’re convicted of premeditated first-degree murder under certain circumstances. These circumstances include:

A county or district attorney will determine whether the facts of the case support seeking the death penalty. If the defendant is convicted, a jury must unanimously decide that the defendant should receive the penalty. A judge can modify the death penalty to life in prison without parole if it determines that the sentence isn’t supported by evidence.

The information provided in this article does not constitute legal advice; it is for general informational purposes only.

Gun Charges Explained

Gun Charges Explained

In general, gun charges cover a broad range of offenses involving a firearm.

The Second Amendment to the U.S. Constitution states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

While the Second Amendment to the U.S. Constitution guarantees the right to bear arms, there are restrictions and limitations.

How can my rights be restricted?

There are a variety of reasons your rights may be specifically restricted. In some situations, it is considered unlawful for an individual to possess a firearm if they do not have a permit. Restrictions also come into play if someone is a convicted felon. Once an individual has been convicted of a felony such as a drug crime, a violent offense, misdemeanor, or domestic violence crimes, they face such restrictions.

To clarify, this restriction may apply for 5 years, 10 years, or as a lifetime prohibition on the possession of firearms. However, it depends on the crime of conviction. In general, the more severe or serious the prior crime, the longer the prohibition period.

Furthermore, when a violent crime is committed with a firearm, the sentence is commonly presumed to be imprisonment and the offender is usually required to register as a violent offender.

Speak with a Criminal Defense Lawyer to understand your rights

Gun laws vary by state, and there are limitations and restrictions depending on an individual’s background or history. Jeremy Koop can help if you're facing criminal charges due to weapons violations. 

A felony conviction can carry serious consequences such as prison time and a criminal record that will follow you forever. An experienced attorney like Jeremy D. Koop can help you protect your rights and prepare the best defense possible for your case. Contact us today.

The information provided in this article does not constitute legal advice; it is for general informational purposes only.

The Fourth Amendment to the United States Constitution

The Fourth Amendment

The Constitution defines the Fourth Amendment as, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In layman’s terms, this means that the government (police) must have probable cause to arrest you or reasonable suspicion of criminal activity to detain you. With some limited exceptions, it also means that police must have probable cause to search you, your home, your workplace, or your vehicle. Sometimes a warrant is required and at other times there is an exception to the warrant requirement.

What is probable cause?

Probable cause has been defined by the United States Supreme Court as, “reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the party is guilty of the offense with which he is charged.” Dumbra v. United States, 268 U.S. 435 (1925)

How does law enforcement get probable cause?

Probable cause can be derived from a variety of sources.

Information – statements given by witnesses or victims.

Observation – information gathered by an officer’s inspection or examination.

Sensory – an officer can detect evidence of a crime through sight, sound, or smell.

Expertise – an officer can rely on personal background to evaluate the possibility of criminal activity.

What can law enforcement do under the Fourth Amendment?

Arrest

An arrest can occur when a law enforcement officer uses legal authority to restrict a suspect’s freedom of movement. However, to make an arrest the police must have probable cause.

Detainment

Police must have reasonable suspicion that criminal activity has taken place before detaining a person. Detaining someone requires a lower level of proof of criminal activity than probable cause. This is known as reasonable suspicion. The United States Supreme Court lays out the requirements for detention in Terry v. Ohio, 392 U.S. 1 (1968).

Search warrants

To obtain and initiate a search warrant, an officer must have probable cause. A law enforcement officer must ultimately present an affidavit to a judge or magistrate to obtain a search warrant. However, there are exceptions to these requirements, and many searches can take place without a warrant. For instance, one such exception is for the search for an automobile. This is known as the Carroll doctrine from the United States Supreme Court case Carroll v. United States, 267 U.S. 132 (1925). In addition, another exception is search incident to arrest. Under this exception, if police have probable cause to arrest, they can also search the individual being arrested. 

Contact Wichita’s Criminal Defense Attorney

We are a trusted and experienced defense attorney team at Koop Law Firm. If you have been arrested and are facing charges based on a search that was done with or without a warrant, contact us today.

The information provided in this article does not constitute legal advice; it is for general informational purposes only.