Florissant, MO asked in Criminal Law for Missouri

Q: victim gets shot and robbed and the defended takes it to trial and the victim gets killed during trial does it get drop

The robbery is on camera but the vicitim did not Pick the defended in a photo line up

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1 Lawyer Answer

Richard C Simons

Answered
  • Criminal Law Lawyer
  • North Kansas City, MO
  • Licensed in Missouri

A: This is all left up to the prosecutor if they have enough evidence or if the judge feels their is not enough evidence on motion to dismiss. But there is a bigger problem here, this case could get amended from robbery and assault with a deadly weapon to murder in the second degree. Under Missouri statute Section 565.021.2, murder in the second is: "A person commits the crime of murder in the second degree if he:

(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.

2. Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter."

If I was the defendant I would be seriously worried.

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