Even if you were falsely accused or the death was an accident, it is critical to consult with a qualified criminal defense lawyer before you make any statements to the police. The police and prosecutors can use anything you say against you in court, even if you think you are clearing your name or merely explaining “a big misunderstanding.” If the police begin to question you, the only words you should say are, "I want an attorney." Your freedom may depend on exercising this constitutional right.
The consequences of conviction are too severe to rely on inexperienced legal counsel. First-degree murder carries a prison term of life imprisonment without the possibility of parole for 25 years. The penalty for felony murder (death that occurs during the commission of a violent felony) is life imprisonment without the possibility of parole for 20 years. Even second-degree reckless homicide (unintentional murder) carries a minimum sentence of approximately 9 years.
Mr. Stone will zealously defend you before a jury, or negotiate with prosecutors for a plea to lesser charges if it is in your best interest. Mr. Stone is committed to personal attention and respect for his clients, and he personally handles every aspect of your case.
The Kansas Statutes relating to murder and homicide offenses are listed below for informational purposes only, and should not be construed as legal advice. Contact the Stone Law Office for a full explanation of these laws.
K.S.A. 21-3404. Involuntary Manslaughter.
Involuntary manslaughter is the unintentional killing of a human being committed:
(a) Recklessly;
(b) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and 8-1568 and amendments thereto but excluding the acts described in K.S.A. 8-1567 and amendments thereto; or
(c) during the commission of a lawful act in an unlawful manner.
Involuntary manslaughter is a severity level 5, person felony.
K.S.A. 21-3442. Involuntary Manslaughter While Driving Under the Influence of Alcohol or Drugs.
Involuntary manslaughter while driving under the influence of alcohol or drugs is the unintentional killing of a human being committed in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567 and amendments thereto.
Involuntary manslaughter while driving under the influence of alcohol or drugs is a severity level 4, person felony.
K.S.A. 21-3439. Capital Murder
(a) Capital murder is the:
(1) Intentional and premeditated killing of any person in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with the intent to hold such person for ransom;
(2) intentional and premeditated killing of any person pursuant to a contract or agreement to kill such person or being a party to the contract or agreement pursuant to which such person is killed;
(3) intentional and premeditated killing of any person by an inmate or prisoner confined in a state correctional institution, community correctional institution or jail or while in the custody of an officer or employee of a state correctional institution, community correctional institution or jail;
(4) intentional and premeditated killing of the victim of one of the following crimes in the commission of, or subsequent to, such crime: Rape, as defined in K.S.A. 21-3502 and amendments thereto, criminal sodomy, as defined in subsections (a)(2) or (a)(3) of K.S.A. 21-3505 and amendments thereto or aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, or any attempt thereof, as defined in K.S.A. 21-3301 and amendments thereto;
(5) intentional and premeditated killing of a law enforcement officer, as defined in K.S.A. 21-3110 and amendments thereto;
(6) intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct; or
(7) intentional and premeditated killing of a child under the age of 14 in the commission of kidnapping, as defined in K.S.A. 21-3420 and amendments thereto, or aggravated kidnapping, as defined in K.S.A. 21-3421 and amendments thereto, when the kidnapping or aggravated kidnapping was committed with intent to commit a sex offense upon or with the child or with intent that the child commit or submit to a sex offense.
(b) For purposes of this section, "sex offense" means rape, as defined in K.S.A. 21-3502 and amendments thereto, aggravated indecent liberties with a child, as defined in K.S.A. 21-3504 and amendments thereto, aggravated criminal sodomy, as defined in K.S.A. 21-3506 and amendments thereto, prostitution, as defined in K.S.A. 21-3512 and amendments thereto, promoting prostitution, as defined in K.S.A. 21-3513 and amendments thereto or sexual exploitation of a child, as defined in K.S.A. 21-3516 and amendments thereto.
(c) Capital murder is an off-grid person felony.
(d) This section shall be part of and supplemental to the Kansas criminal code.
