Birmingham Murder Attorney
Defending Those Who Are Facing Murder Charges in Alabama
If you are currently facing charges for murder, one of the most serious crimes that you could be arrested for, you need to hire a skilled Birmingham criminal defense attorney right away.
At the Revill Law Firm, our team is aware of the severity of a murder charge and the type of life-altering, stressful consequences involved in a murder conviction. We are here to provide you with aggressive, dedicated legal defense regardless of the circumstances involved. With years of legal experience practicing law, we have won many different awards for our excellence throughout Alabama.
Our approach is not only about legal defense but also about understanding and addressing the unique needs of our clients. We recognize that each case presents its own set of challenges, which is why we meticulously analyze every detail to craft a comprehensive legal strategy. Our dedication extends to ensuring that our clients are informed and prepared for each step of the legal process, providing peace of mind in unsettling times.
Have you been accused of murder? Call Revill Law Firm today at (205) 928-6544 or contact us online to schedule a free consultation with our Birmingham murder defense lawyer.
Do Not Speak With Law Enforcement Until You Have a Lawyer
We know just how much is at stake when you are facing murder charges or are under investigation. It is important that you do not answer any questions from law enforcement before you have a lawyer present to protect your rights and best interests.
This is especially important if there were any other factors or crimes involved with the alleged offense. Depending on the circumstances of the incident, there could be additional consequences involved with a murder that occurred while another crime was being committed.
By having an attorney present, you ensure that your interactions with law enforcement are conducted with your best interests protected. An experienced attorney can intervene early to prevent self-incrimination and can work to uncover potential oversights or errors in the investigative process that could benefit your defense.
Alabama Murder Laws
Alabama laws carry very heavy consequences for murder convictions and even allow for the death penalty in some circumstances. If you are convicted of felony murder, the penalties could be even more severe. A felony murder is one that involves a murder that occurs while another felony has been committed, such as a burglary, robbery, arson, kidnapping, or rape.
Furthermore, murder charges can be influenced by numerous factors that can either mitigate or aggravate the offense. Understanding the nuances of these laws is crucial for building an effective defense. In many cases, the intent behind the act, the presence of premeditation, and the mental state of the accused at the time of the crime can impact the level of charges brought forth and the eventual sentencing.
There can be more serious consequences involved in offenses with these circumstances:
- Murder of more than one person
- Murder of a young child or baby
- Murder of a witness (to prevent testimony)
- Murder of another as a hate crime
- Murder of a prosecutor or judge
- Murder of a law enforcement officer
Comprehensive Defense Strategies by a Murder Attorney in Birmingham
When facing murder charges, utilizing a comprehensive defense strategy is paramount to achieving a favorable outcome. At Revill Law Firm, we delve into every aspect of the case, from scrutinizing the prosecution's evidence to developing an alibi. The use of expert witnesses in fields like forensics and psychology can provide critical counterpoints to prosecution claims. Additionally, examining procedural errors during the arrest or trial process can present opportunities to challenge the legality of evidence presented.
One of the key strategies involves dissecting the actual intent behind the alleged crime. Cases lacking clear premeditation can lead to reductions in charges, especially when self-defense or provocation is argued. We also focus on mitigating circumstances that can sway a jury's perspective, such as the mental health history of the client or their history as an upstanding community member. By aligning these elements with a well-crafted narrative, we aim to create reasonable doubt within the jurors' minds, ideally leading to acquittals or reduced sentences.
Have you been accused of murder? Call Revill Law Firm today at (205) 928-6544 or contact us online to schedule a free consultation with our Birmingham murder defense lawyer.
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What Is Criminally Negligent Homicide?
In Alabama, when someone kills another person due to negligence, rather than recklessly or intentionally, he or she has committed "criminally negligent homicide." Our Alabama homicide lawyers have vast experience representing clients charged with criminally negligent homicide.
Criminally negligent homicide often involves scenarios where the accused failed to perceive a substantial and unjustifiable risk, resulting in another's death. This can encompass conduct such as failing to maintain control of a vehicle, resulting in a fatal accident, or improper handling of hazardous materials leading to fatal consequences. Understanding the precise legal definitions and criteria that differentiate negligence from more serious charges is critical, as nuances in these understandings can dramatically affect outcomes during prosecution.
Penalties for Criminally Negligent Homicide
The Alabama criminally negligent homicide statute can be found at §13A-6-4 and states that this crime is a Class A misdemeanor, which means it is punishable by up to a year in jail. One exception to this range of punishment is found when the jury determines the actor is guilty of criminally negligent homicide while violating the DUI laws of the State of Alabama.
If the defendant was driving under the influence and killed another person, and the jury finds their action constituted criminally negligent homicide, that person is convicted of a Class C felony, punishable by up to 10 years in prison. A typical criminally negligent homicide scenario occurs when a person is not intoxicated but negligently runs a stop sign or traffic signal or is speeding, and someone is killed as a result. This is a common charge for young, careless drivers who kill an occupant of their vehicle while driving negligently.
The differentiation between a misdemeanor and a felony in such cases hinges on various legal considerations, including the degree of negligence and the presence of concurrent illegal activities, such as driving under the influence. Consequently, it is essential for those accused to understand the gravity of the charges and the potential long-term impacts a felony conviction may impose, thus emphasizing the importance of retaining knowledgeable legal representation.
Oftentimes, a defendant is actually charged with manslaughter or murder, and a defense attorney seeks conviction of criminally negligent homicide as a lesser-included offense. In such a situation, the murder defendant is able to avoid a felony conviction on their record.
Understanding Murder vs. Manslaughter
According to the Code of Alabama Section 13A-6-3,
A person commits the crime of manslaughter if he “recklessly causes the death of another person” or “under the circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death and thereby causes the death except that he caused the death due to a sudden heat of passion caused by provocation and before a reasonable time for the passion to cool and for a reason to reassert itself.”
The major difference between manslaughter and murder is the intent of the defendant. In other words, murder charges allege that the defendant intended to cause a person's death, whereas someone accused of manslaughter is accused of causing the death because of their reckless actions and not because they meant to. While manslaughter is a less serious charge than murder, it is still imperative to retain experienced legal counsel to defend against a possible sentence of 2 to 20 years in prison.
While both charges are serious, the subtleties in the definitions require meticulous legal navigation. Manslaughter often involves situations devoid of premeditation but filled with reckless disregard for human life. Often debated in courtrooms is whether the scenario constitutes a heat of passion crime, reducing the charges, and if external provocations exonerate the reckless behavior to some degree. Grasping these intricacies not only helps in defense but assists families of the accused in understanding the possible outcomes and implications.