Experienced Defense for Capital Murder Charges

Capital murder is the most serious criminal charge in Alabama, carrying life imprisonment without parole or the death penalty. If you or a loved one is facing capital murder charges, securing an experienced capital murder defense lawyer is critical. At JB Brown Criminal Trial Practice, we provide aggressive legal representation to protect your rights and fight for the best possible outcome. ​

What Qualifies as Capital Murder in Alabama? 

Under Alabama Code § 13A-5-40, capital murder involves intentional homicide with one or more aggravating circumstances, including: 

• Murder committed during another violent felony, such as: 
• First-degree robbery or attempted robbery 
• First-degree burglary 
• Kidnapping 
• Rape or sodomy 
• Murder of a law enforcement officer 
• Murder of a victim under 14 years old 
• Multiple homicides committed during the same act 
• Murder committed using a deadly weapon while the victim was in a vehicle 
• Murder committed from a moving vehicle (drive-by shooting) 

Penalties for Capital Murder in Alabama 

A capital murder conviction carries the harshest penalties under Alabama law: 

• Death penalty (if aggravating circumstances apply under § 13A-5-49) 
• Life imprisonment without the possibility of parole 

Juvenile Offenders: If the defendant was under 18 at the time of the offense, they cannot receive the death penalty. Instead, a judge may sentence them to life with the possibility of parole. 

The Capital Murder Trial Process 

Capital murder cases involve a two-phase trial process: 

1. Guilt Phase – The jury determines whether the defendant is guilty of capital murder. 
2. Penalty Phase – If convicted, the same jury hears additional evidence to decide between life without parole or the death penalty. 

Defense attorneys must present mitigating evidence to argue against the death penalty.