Murder / Manslaughter


There is no higher crime than that of murder, and the prosecution will go to any length for a conviction. The only hope you have is a fierce, experienced, and compassionate lawyer, who will use all the resources, evidence, and experts available to get your freedom back.

Murder is defined as the intentional, pre-planned killing of a human being, or the inflicting of grievous bodily harm to a person, resulting in death. The pre-meditative state of mind separates the crime of murder from manslaughter. They are extremely serious and the most heinous of crimes. In Kansas, a conviction of murder can result in life imprisonment or the death penalty.

The taking of another human being’s life, intentionally or not, is not only unforgivable in the eyes of the law, but also in the eyes of society. The prosecution, supported by the State, the police, doctors, and investigators, is fixated on getting a conviction and the highest of punishments.

If you have been charged with murder or manslaughter, it’s absolutely imperative that you consult an attorney at once. It is your right to have legal representation to defend you during this crucial time. Do not make the grave mistake of denying the crime out loud or speaking to anyone about anything related to it, before speaking to a lawyer.


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Elements of Murder

There are different types of homicide. The charges depend on the circumstances surrounding the event. Intentions, actions, and background are some of the factors that are taken into consideration.

First-degree murder: is the killing of a human being, committed with intention and had been premeditated. This also includes ‘felony murder’, which is during the commission of, or attempt to commit a dangerous felony.

Second-degree murder: is the killing of a human being that had not been planned or premeditated. Second degree murder can be intentional or unintentional, but the act shows extreme indifference to the value or human life.

Voluntary manslaughter: is the intentional killing of a human being, without any prior intention to kill. Voluntary manslaughter is committed under circumstances that would cause a reasonable person to honestly believe that the use of deadly force was justified. A heated quarrel, erupting in a fight, is an example. The severity of the situation will determine whether a murder is second-degree or voluntary manslaughter.

Involuntary manslaughter is the killing of a human being, without intention or premeditation,, but as a result of negligent, reckless behavior. In involuntary manslaughter, the killer did not intend for a death to come about as a result of actions, even if the actions were intended to be violent. An accidental, but fatal gunshot is an example of involuntary manslaughter, or a death during a felony.

Vehicular homicide: is the unintentional killing of a human being, resulting from negligent operation of an automobile, motorbike, airplane, or any other motor vehicle.

Determined and Zealous Advocacy

It is critical that you have a legal team on your side that is experienced and competent. No lawyer can guarantee the results of a case. But we do know that here, at the Swain Law Office, we are determined to fight to the finish to get your charges either dropped, or reduced to the best possible outcome for you. Our legal team has the exhaustive knowledge of the law and the resources to help pull you out of this crisis. We will painstakingly sift through the facts to ensure nothing is overlooked, and build a solid defense strategy for you.

The Swain Law Office serves clients throughout the state of Kansas. For a free and confidential initial consultation, call or contact us today, at any time and any day of the week.

*Disclaimer: The legal defense information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney-client relationship.