Murder

A murder charge is one of the most serious offenses in Alabama, carrying severe penalties, including life imprisonment. If you or a loved one has been charged with murder, securing an experienced murder defense lawyer is critical. At JB Brown Criminal Trial Practice, we fight to protect your rights and build a strategic defense. 

Capital murder represents the most severe homicide charge in Alabama. It consists of an intentional murder plus specific aggravating circumstances defined by statute.
Qualifying CircumstancesUnder Alabama Code § 13A-5-40, certain factual situations can elevate a murder to capital murder, including:

• Murder during a first-degree robbery or attempted robbery
• Murder during a first or second-degree burglary or attempted burglary
• Murder of a law enforcement officer (police officer, sheriff, deputy, state trooper, etc.)
• Murder where two or more persons are killed in a single act or course of conduct
• Murder of a victim under fourteen (14) years of age
• Murder committed using a deadly weapon while the victim is in a vehicle
• Murder committed using a deadly weapon fired from or within a vehicle

Penalties and Special ConsiderationsCapital murder carries the most severe penalties in Alabama:

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

Special Note for Juvenile Offenders: If the defendant was a minor at the time of the offense, they cannot receive the death penalty, and a judge may sentence them to life with the possibility of parole rather than life without parole.
Death Penalty Cases
For a case to be "death eligible," prosecutors must prove at least one of the fourteen aggravating circumstances listed in Alabama Code § 13A-5-49. Death penalty cases follow a unique two-phase trial structure:

1. Guilt/Innocence Phase: The jury determines whether the defendant is guilty of capital murder
2. Penalty Phase: If found guilty, the same jury hears additional evidence and decides between life without parole or the death penalty. Defense attorneys must present mitigating evidence demonstrating why the defendant's life should be spared.

Murder (§ 13A-6-2)
Murder charges in Alabama encompass several scenarios, each defined by statute:
Elements of Murder
A person commits murder if they:

1. Intentional Murder - Intentionally cause the death of another person
2. Reckless Murder - Act with extreme indifference to human life and recklessly create a grave risk of death, resulting in someone's death
3. Felony Murder - Cause a death while committing or attempting to commit certain dangerous felonies, including:
4. • First-degree arson
   • First or second-degree burglary
   • First-degree escape
   • First-degree kidnapping
   • First-degree rape
   • Any degree robbery
   • First-degree sodomy
   • Aggravated child abuse
   • Any other felony clearly dangerous to human life
4. Commit arson resulting in the death of a firefighter or public safety officer performing their duties