Expert Homicide and Murder Attorney in Madrid
Specialized defense for crimes against life: homicide, murder and negligent homicide. Criminal defense attorney with experience before jury trials.
Criminal defense attorney in Madrid specialized in crimes against life
Do you need a homicide specialist attorney for your defense? Being accused of a crime against life is one of the most serious situations any person can face. In these cases, having expert criminal defense is decisive.
As a homicide attorney in Madrid, I have spent years defending people accused of homicide, murder and negligent homicide before the courts. My experience spans from the investigation phase to trial with jury trials, with deep knowledge of the defense strategy that these proceedings require.
Crimes against life comprise the most serious offenses in the Criminal Code:
- Homicide (art. 138, sentences of 10 to 15 years)
- Murder (art. 139)
- Negligent homicide (art. 142, sentences of 1 to 4 years).
I take cases throughout Spain, with special dedication to proceedings before jury trials.
Attorneys with experience before jury trials
Homicide and murder crimes are tried before jury trials, regulated by Organic Law 5/1995. This type of proceeding requires a specific and differentiated defense strategy compared to ordinary criminal trials.
Jury trials require:
- Solid and adapted strategy to a court formed by citizens without legal training.
- Clear and persuasive communication so that jurors understand the defense arguments.
- Technical mastery of the procedure and evidence rules.
- Experience in questioning witnesses and experts before a jury.
Learn in detail how the murder proceeding works in Spain to understand each phase of the trial.
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Difference between homicide and murder
The fundamental difference between homicide and murder lies in the circumstances surrounding the death. Homicide is the intentional causing of death without qualifying circumstances. Murder requires that treachery, cruelty or price/reward be present.
This distinction has very relevant sentencing consequences: the minimum sentence for murder (15 years) equals the maximum sentence for homicide. Therefore, the legal classification of the facts is one of the most important battles in defending these cases. Also consult the difference between murder and homicide in detail.
Homicide: article 138 of the Criminal Code
The crime of homicide consists of causing the death of another person intentionally, that is, with intent or consciously accepting the result. It is punished with prison sentences of 10 to 15 years.
The defense in homicide cases can be oriented toward proving the absence of intent, the occurrence of self-defense, or the application of mitigating circumstances that significantly reduce the sentence.
Murder: article 139 of the Criminal Code
Murder differs from homicide by the occurrence of at least one of the following qualifying circumstances:
- Treachery: employing means that ensure execution without risk to the aggressor derived from the victim’s defense.
- Cruelty: deliberately and inhumanely increasing the victim’s suffering.
- Price, reward or promise: acting in exchange for economic or material consideration.
Sentences for murder range between 15 and 25 years in prison. When two or more qualifying circumstances occur, the sentence is imposed in its upper half. As a murder attorney
Negligent homicide: article 142 of the Criminal Code
Negligent homicide occurs when death is the consequence of negligent conduct, without intent to cause the result. It is punished with prison sentences of 1 to 4 years.
As a negligent homicide attorney in Madrid, I frequently handle cases arising from:
- Traffic accidents resulting in death from reckless driving or under the influence of alcohol.
- Medical malpractice that causes the patient’s death.
- Workplace accidents due to non-compliance with safety regulations.
- Professional negligence in different areas of activity.
In these cases, the defense focuses on demonstrating that the defendant’s conduct did not reach the degree of gross negligence required by the criminal offense, or that there is no direct causal relationship between the action and the result of death. Learn more about negligent homicide and the difference between gross and minor negligence.
Defenses and mitigating factors in homicide crimes
The defense strategy in a homicide or murder case often involves proving the existence of circumstances that exempt or mitigate criminal responsibility:
- Self-defense (art. 20.4 CP): proportionate response to unlawful aggression.
- Temporary mental disorder (art. 20.1 CP): psychological alteration that nullifies the capacity to understand the unlawfulness of the act.
- State of necessity (art. 20.5 CP): acting to avoid harm to oneself or others.
- Sudden passion or mental disturbance (art. 21.3 CP): disproportionate reaction caused by a situation of great emotional intensity.
- Confession (art. 21.4 CP): acknowledgment of the facts before knowing about the judicial proceeding.
- Damage repair (art. 21.5 CP): effort to repair the consequences of the crime.
Identifying and proving these circumstances can mean the difference between a maximum sentence and a substantially lower penalty, or even acquittal.
Phases of jury trial
The jury trial procedure follows specific phases that every homicide crime attorney must master:
- Investigation phase: investigation of facts, practice of proceedings and evidence collection.
- Intermediate phase: the Presiding Judge decides whether the evidence is sufficient to open oral trial.
- Jury constitution: selection of 11 citizens who will act as judges of the facts.
- Oral trial: practice of evidence, questioning and conclusions before the jury.
- Deliberation and verdict: 5 votes are required for a guilty verdict and 7 votes for a not guilty verdict.
Criminal procedure in homicide and murder cases
From the arrest, the accused has the right to immediate legal assistance. In homicide and murder crimes, it is common for the judge to order provisional detention given the severity of the sentence. A criminal defense attorney expert in murders must act from the first police statement to protect the detainee’s rights and lay the foundation for the defense.
Homicide proceedings before jury trials usually last between 12 and 24 months from the opening of the investigation to the oral trial, depending on the complexity of the case.
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Criminal defense law firm in Madrid for homicide and murder crimes
Facing a homicide or murder proceeding is one of the most difficult situations within the criminal field. Both for the accused and for the victims and their families, the process is marked by great emotional and legal burden.
In our law firm in Madrid, we approach these proceedings with technical rigor, strategic preparation and deep knowledge of how jury trials work.
If you are facing an accusation of homicide or murder or need legal advice in a proceeding for crimes against life, you can contact our office. A criminal defense attorney in Madrid specialized in homicides and murders can make the difference in a proceeding where the criminal consequences are especially serious.
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Articles and resources on crimes against life, homicide, murder and jury trial procedure.
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