Under Alabama laws, murder is defined as any act that causes the death of another person. If the death is caused as a result of sudden provocation (often called heat of passion crimes), in self defense or defense of another person, or by reckless behavior, the charges can be mitigated from murder to manslaughter.

Penalties

Murder is a Class A Felony subject to life imprisonment or death. Alabama law recognizes the death penalty, which is recommended by the jury, but which can be overruled by the judge. Death sentences in Alabama are usually carried out by lethal injection, but some are by lethal injection.

Defenses

The most common defense to a murder charge is an innocent plea, thus requiring the state prosecuting attorney (or attorneys as is sometimes the case) to prove all of the elements of the crime: that the alleged defendant intended to kill, acted in a manner that would almost assuredly cause death, and had the ability to bring about a death.

Provocation is a defense that people talk about often and sometimes refer to the defense as a "heat of passion" crime. Provocation is an affirmative defense that admits to the act of the crime but asserts that the crime was committed under mitigating circumstances - i.e. sudden provocation. In essence, affirmative defenses state that the crime was committed (a death resulted) because of some act (called the actus reus), but because of the alleged defendant's intent or mental state, the defendant should be held criminal liable for a lessor crime. If a murder charge is successfully mitigated to a lessor provocation crime, the charges will be reduced to manslaughter.

Self defense is another affirmative defense, but it differs in defense strategies and results. If self defense is raise by the defense, it must be proven not to exist beyond a reasonable doubt by the prosecuting attorney. In certain situations, the defense will turn on small pieces of evidence, such as whether the act was in retaliation, if reasonable force was used, and if the defendant could or should have retreated. In those situations, the burden of proof shifts from the prosecution to the defense. To overcome the complex strategies used in any murder trial, a person is wise to hire a very experienced Criminal Defense Attorney.

The Defense of another defense parallels a self defense plea. A person has a right to defend another person in the same fashion as if he or she were defending him or herself from an attack of deadly force. As well, the considerations taken into account for a self defense plea are also considered in a defense of another plea including reasonable force and ability to retreat from the crime scene.

In either situation - self defense or defense of another person - a successful defense will relieve the alleged defendant of any criminal liability, thus charges will be dismissed, and the defendant will set free.

Criminal Defense Lawyers

A criminal lawyer will protect your rights and defend you regardless of the charges. Even if you believe that your act was one of self defense or defense of another person, and that you have little to fear in a criminal trial or plea negotiations related to the charges, the fact is that juries and judges find innocent people guilty of crimes every day in the Alabama courts. And even though the Constitution provides that you are innocent until proven guilty, the reality is that you must defend your innocence. It may also be wise to remember that prosecuting attorney - who can enter into plea bargain agreements - can withdraw any agreement up and until the time that the agreement is accepted by the court and the court enters its orders. As well, no court is required to accept a plea negotiation.

Free Initial Consultation

If you are facing very serious criminal charges for murder or manslaughter, even if you have a plea bargain on the table that looks as though it is acceptable, please call for a free initial consultation to discuss any plea arrangements or criminal charges.