Call John Brinkley Law Your Homicide Lawyer
Facing homicide charges in Huntsville or North Alabama? It is critical that you have experienced, competent lawyers on your side. The penalties in Alabama can be severe.
Brinkley Law has years of experience in dealing with these complicated procedures. We know the intricacies of the law and how these twists and turns can impact your case.
You need someone on your side. Here is how we can help:
- Detailed investigations to uncover evidence that strengthens your case and shows the weakness of the prosecutor’s case.
- Strategies to reduce or even eliminate charges.
- Communication with you and your family so you clearly understand the legal process and your options.
Legal Categories of Homicide
Alabama classifies 3 major areas of homicide. Each carries its own set of definitions and penalties.
Criminally Negligent Homicide
This is the least severe form of homicide. In broad terms, it is when the person who caused the death acted with a disregard for an obvious risk. For example, a person runs several stop signs, resulting in the death of a pedestrian.
Key elements of criminally negligent homicide in Alabama:
- Causing the death of another person
- Disregard for unjustifiable risk
- Lack of intent to kill the victim
Penalty
Criminally negligent homicide is a Class A misdemeanor in Alabama, punishable by up to one year in prison and a fine of up to $6,000.
However, if the criminally negligent homicide occurs while operating a vehicle in violation of specific laws (like DUI or impaired driving laws), it becomes a Class C felony, with a sentence of one to ten years in prison.
Manslaughter
In Alabama, manslaughter is defined as the killing of another person without premeditation. Legal arguments that keep this from being murder are often the sudden heat of passion and lack of intent to kill.
Penalty
It’s a Class B felony, punishable by two to 20 years in prison.
Murder
In Alabama, murder is defined as intentionally causing the death of another person or causing their death during the commission of a felony.
Penalty
It’s a Class A felony in Alabama and carries a penalty of 20-99 years in prison, or life, or death, depending on aggravating factors and other circumstances.
Impact of a Homicide Conviction
Employment
It may be nearly impossible to get successful employment after a homicide conviction. Background checks by potential employers make it easily available to employers.
Housing
As with employers, landlords may deny housing opportunities to people with criminal backgrounds. Landlords often perform background checks. Though discriminatory, many former inmates are forced to live in disagreeable housing.
Voting Rights
In many jurisdictions, a homicide conviction can lead to the loss of voting rights. These can be either temporary or permanent, depending on the situation.
Social Stigma
Convicted individuals often find themselves ostracized from the community. This can lead to mental health issues.
Strategies Developed by Brinkley Law
Our years of experience have helped develop many successful strategies.
Self-Defense
One of the most common defenses is self-defense. Here, we try to prove that you were trying to protect yourself. The key issue in this defense is that the force used was necessary and equal to the threat.
Defense of Others
In this defense, we must show that the accused believed that the person they defended was in immediate danger and that their actions were necessary to prevent harm.
Alibi
This defense involves proving that the accused was not present at the crime scene. We often use witness testimony, video, or printed receipts that place the accused somewhere else.
Constitutional Violations
Here, we argue that the accused’s constitutional rights were violated usually during the investigation process. Some examples are illegal searches and coerced confessions. This can lead to the elimination of certain forms of evidence and even the dismissal of the charges.
Accident
Here, the defense is that the death occurred because of an unintended and unforeseen event. We may collect evidence such as eyewitness statements, expert testimony, and physical evidence from the scene.
Do Not Wait. Call Brinkley Law Now.
Our legal team has years of experience. There is nothing gained by waiting. Call now.