Explaining Murder Charges in Olathe

We Serve Clients Throughout Johnson County

As the most grievous of all felony crimes that can be committed, murder is the most severely punished offense in the United States. It is commonly known as a capital offense, meaning that it is punishable by the death sentence. The Kansas Statutes outline three types of murder that a person can commit: capital murder, first degree murder and second degree murder.

The descriptions and punishments for each are as follows:

Capital Murder (K.S.A. 2011 Supp. 21-5401 ):

  • Definition: Intentional and premeditated killing a person during a kidnapping; as part of an agreement or contract; within a jail or prison; of a peace officer; or of two or more persons in the same act or multiple related acts.
  • Penalty (K.S.A. Supp. 21-6617 ): Life in prison without parole, or the death sentence.

First Degree Murder (K.S.A. 2011 Supp. 21-5402 ):

  • Definition: Killing a human being intentionally and with premeditation, or during the commission of a felony.
  • Penalty (K.S.A. Supp. 21-6620 ): Mandatory 50 years to life in prison.

Second Degree Murder (K.S.A. Supp. 21-5403):

  • Definition: Killing a human being intentionally; or unintentionally in a reckless manner with extreme indifference to the value of human life.
  • Penalty:
    • Intentionally: This is a severity 1 person offense punishable by a 253 months in prison and a fine of up to $300,000
    • Unintentionally: This is a severity 2 person offense punishable by 190 months in prison and a fine of up to $300,000
    • Sentencing guidelines are based on the Kansas Sentencing Commission's Nondrug Sentencing Grid; fines are based on K.S.A. Supp. 21-661

When faced with such serious charges, it is vital that you hire an experienced defense lawyer who will stop at nothing to prevent you from facing a false conviction. At Martin & Wallentine, our lawyers are skilled in trial cases and are not afraid to take your case to court. Through persuasive and strong argument, we could provide you with the best representation and prove your innocence to the judge and jury. Learn more about how we could fight for your freedom by contacting our firm today!

Olathe Criminal Defense Lawyer by Your Side

At Martin & Wallentine, LLC each of our trial lawyers have taken numerous cases to court and obtained satisfactory result for clients. Collectively, we have taken hundreds of cases to trial over the years. If you have been falsely accused of murder, don't take chances with your defense and risk the possibility of being falsely convicted. The attorney you choose could be the difference in your sentencing.


Call our firm today for an initial consultation to learn more about your case and about how we could vigorously defend you.

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Read What Our Former Clients Have Said

  • "Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".

  • "Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".

    Joanne from Nebraska
  • Disaster diverted!!!


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