HERNANDEZ &
ASSOCIATES LAW FIRM

Capital Murder & Murder Attorneys – Mobile, AL

Understanding Murder / Capital Murder Charges in Alabama

Navigating the complexities of the legal system can be daunting, particularly when it comes to serious charges such as murder or capital murder. In Alabama, the distinction between these charges carries significant implications for the accused. Christine Hernandez and her team can help you understand what constitutes murder and capital murder in Alabama, the legal consequences, and the importance of experienced legal representation.

Definition of Murder in Alabama

Under Alabama law, murder is defined as the unlawful killing of another person with intent or under circumstances that demonstrate extreme indifference to human life.

According to the Alabama Code § 13A-6-2, a person commits murder if they:

  • Intend to cause the death of another person and do cause the death of that person or another person
  • Engage in conduct that shows a grave risk of death to others, demonstrating a reckless disregard for human life, which results in death
  • Commit or attempt to commit a felony (other than murder), and in the course of the felony or flight therefrom, cause the death of another person

Capital Murder in Alabama

Capital murder is considered the most severe form of homicide under Alabama law. It includes specific aggravating factors that elevate a murder charge to capital murder.

According to Alabama Code § 13A-5-40, circumstances that may constitute capital murder include:

  • Murder committed during the commission of certain felonies such as robbery, kidnapping, rape, or burglary
  • Murder for hire or pecuniary gain
  • Murder of a law enforcement officer, firefighter, or public official performing their duty
  • Multiple murders committed during the same act or course of conduct
  • Murder involving torture or extreme physical abuse

Legal Consequences

The penalties for murder and capital murder in Alabama are severe, reflecting the gravity of these offenses. A conviction for murder can result in a prison sentence ranging from 10 years to life imprisonment. The severity of the sentence can depend on various factors, including the defendant’s criminal history and the specific circumstances of the crime.

Capital murder carries even more severe penalties. If convicted of capital murder, the defendant faces either life imprisonment without the possibility of parole or the death penalty. The decision between these two penalties is typically made by a jury and is influenced by the presence of aggravating or mitigating factors.

Defending Against Murder Charges

Given the serious nature of murder and capital murder charges, it is crucial for the accused to seek experienced legal representation. A skilled defense attorney can explore various strategies to challenge the prosecution’s case, such as:

  • Questioning the validity of evidence or the methods used to obtain it
  • Presenting alibis or alternative theories of the crime
  • Demonstrating the absence of intent or recklessness
  • Highlighting mitigating circumstances that could reduce the severity of the charge or penalty

Murder and capital murder charges in Alabama carry severe legal and personal consequences. Understanding the distinctions between these charges and the potential defenses available is essential for anyone facing such accusations. If you or a loved one is accused of murder or capital murder, securing knowledgeable and experienced legal representation is vital to navigate the complexities of the legal system and to ensure a robust defense.

Contact A Mobile Capital Murder / Murder Attorney For Help

Contact the criminal defense attorneys at Hernandez & Associates Law Firm for help. Our experienced murder defense lawyers are dedicated to providing comprehensive legal representation to help you protect your rights and to help you achieve the best possible outcome in your case. You can also see examples of our cases in the “In The News” section of our site.

If you were in a 2 mile radius of the spill or if you had to shelter in place, we want to talk with you. Contact us NOW for a free consultation

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Skip to content