Montgomery Shooting Turns Fatal; Alabama Murder Cases Require Aggressive Defense

Tags: Criminal Defense

A recent shooting in Montgomery turned from an assault case into a murder case when the victim died after being shot four times, NBC News reports.

Birmingham Criminal Defense Lawyers take pride in representing anyone charged with a crime because everyone has a right to and deserves an aggressive defense to criminal charges. It’s what makes our criminal justice system better than any other in the world. And

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murder in Alabama is no exception. This is the most serious charge the government can bring against someone and therefore it requires the most aggressive defense.

In Montgomery, police said a 43-year-old man was shot in both thighs, the right hand and behind an ear during a late-night altercation in the parking lot of a package store. When authorities arrived, they found the man suffering from gunshot wounds and he died two hours later at a local hospital.

Police didn’t tell the news agency how they developed the 50-year-old as a suspect, except to say he and the victim were involved in a “continuing altercation.” The man now faces a murder charge.

Unless investigators have more evidence other than motive, it may be possible for this man to beat a potential life sentence.

According to statistics from the Alabama Criminal Justice Information Center, 318 people were killed in homicides statewide in 2009 and police made arrests in 197 of the cases. According to the center, in 61 percent of the cases, handguns were used.

Police in Alabama must only be able to prove “probable cause” when they make an arrest. That means there is a reasonable belief that someone has committed a crime. But that isn’t the standard of proof in a court of law. In Alabama, in order to be convicted of murder or any other crime, the state must prove their case beyond a reasonable doubt. That means that if there is any element of doubt, a jury is instructed to acquit the defendant.

Murder is a difficult type of charge to defend because the public often believes that if police made an arrest, then it must be true. But this couldn’t be further from the truth in some cases, which is why hiring an aggressive defense lawyer is key. To prove murder, police must have credible eye witnesses, ballistics matching the gun to the bullet, a confession, video surveillance or other proof.

It is critical, as it is in any criminal case, not to make a statement to police without first consulting with an experienced attorney. Police are allowed by law to lie to suspects. Defendants may think they are helping themselves by trying to talk to police, but it will only come back to haunt them.

With a charge like murder, which is punishable by anywhere from decades in prison to the death penalty, this advise is never more critical. If you are charged with or being investigated, immediately consult with Birmingham Criminal Defense Lawyers before talking with investigators or doing anything else. Your liberty may depend upon it.

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