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In Alabama’s criminal justice arena, murder is one of the most serious charges. A type of homicide, murder is the intentional, often premeditated taking of a human life without justification or excuse. Murder convictions often bring life in prison or the death penalty. There are several defenses available including self-defense. It is important that a complete investigation into the facts and circumstances be conducted as soon as possible as well as contacting potential favorable witnesses to preserve any evidence.

First-degree murder

Defined in most states as an unlawful killing that was premeditated and planned. Most states also follow the “felony murder rule,” which means a person commits first-degree murder if a death is the result of a violent felony, including arson, burglary, kidnapping, rape and robbery.

Second-degree murder

Defined as an intentional killing that is not premeditated, planned or committed in a “heat of passion.” The crime is also considered second-degree murder if the killing was the result of a dangerous action, and there was a lack of concern for life. Typically second-degree murder is considered the charge between first-degree murder and voluntary manslaughter.

Criminally negligent homicide

Normally involves the causing of death to another by an act of negligence (accidental) but to such a degree to be considered inexcusably reckless. An example would be causing death by drunk driving.

Murder Sentences

Punishment for murder typically carries a long prison sentence. Sentences may include a stipulation of no parole, or that a majority of the sentence must be served before parole is considered. There are a variety of options available that present themselves as the case develops to ensure favorable outcomes. Alabama is a capital punishment state and the State will often seek the death penalty in capital cases.

If you are facing murder charges, or any homicide related crime, contact attorney Steven F. Long who is very familiar with the homicide laws in Alabama and will fight to make sure that your interests are protected against the charge. Please contact Attorney Steven F. Long by clicking HOMICIDE/MANSLAUGHTER to discuss any further and specific questions you may have.

ALABAMA’S HOMICIDE LAWS:

Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.

(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto.

Manslaughter.

(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person, or

(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(b) Manslaughter is a Class B felony.

Criminally negligent homicide.

(a) A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.

(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether he is culpably negligent under subsection (a) of this section.

(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which said criminally negligent homicide is caused by the driver of a motor vehicle who is driving in violation of the provisions of Section 32-5A-191; in such cases criminally negligent homicide is a Class C felony.