Murder legal defense options are actually very limited and it is essential to have a qualified, experienced criminal defense attorney on your side. Typically in murder cases it is required that the prosecution prove that the accused did cause the death of another with some form of intent, and that individual died within one year and one day of the incident. To be considered first degree murder the prosecutor must prove that there was malicious intent and either premedication or deliberate actions that caused the death. Second degree murder is defined as those deaths that result in the heat of the moment, when an argument, self-defense or rage occurs and an individual is killed. In some situations these murder legal cases are dropped down to a voluntary manslaughter charge. Manslaughter is often considered 3rd degree murder and is not as harshly punished as the cold blooded premeditated first degree murder. In many cases mitigating factors such as fear, self-defense, prior acts of violence or even domestic abuse may be considered when sentencing occurs.