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Bufete de abogados penalistas Alonso Sala
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Crimes Against Life (Homicide & Murder)

The most demanding defense in the legal system. When freedom is at stake in a jury trial against the most serious accusation.

Defense in the Most Demanding Criminal Scenario

Facing an accusation for a crime against life (Arts. 138 et seq CP) is the ultimate challenge for any criminal lawyer. Not only due to the severity of penalties, which can reach Reviewable Permanent Prison, but due to the technical and media complexity of the process. In most cases, these crimes are tried by a Jury Court, which radically changes the rules of the game.

At Alonso Sala, we are experts in Jury Law. We understand that convincing nine lay citizens requires a communication strategy different from a professional court: one must humanize the narrative, explain reasonable doubt with crystal clarity, and dismantle the accusation not only with laws, but with an unbeatable factual narrative.

Pillars of Our Defense

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Jury Trial

We actively participate in jury selection. Our forensic oratory is designed to connect with the popular jury, simplifying technical complexity without losing legal rigor.

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Forensic Science

We work with top-tier pathologists and ballistics experts. We question the official autopsy: time of death, bullet trajectory, or existence of defensive struggle can change a verdict.

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Forensic Psychiatry

We seek application of exemptions or mitigators for psychic alteration. Insurmountable fear, temporary mental disorder, or full intoxication can drastically reduce the sentence.

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Type Degradation

We fight to dismantle treachery and cruelty. Turning a Murder accusation (15-25 years) into a Homicide conviction (10-15 years) is a vital technical victory.

THE LIMITHomicide vs Murder

The red line separating 10 years from 25 years is often a matter of legal interpretation. Murder requires one of these 3 circumstances:

1. Treachery

Killing "safely", without risk to the author. E.g., from behind, asleep, ambush.

2. Cruelty

Increasing suffering "inhumanely". Not hitting more, but wanting to cause more pain.

3. Price

Killing for financial reward (hitmen). Aggravates both payer and killer.

Jury Trial: The Great Challenge

Most crimes against life are tried before 9 citizens without legal training. This radically changes defense strategy: mastering law isn't enough, you must communicate clearly, humanize the accused, and generate reasonable doubt in people who only understand common language.

Jury Selection

We actively participate in challenging biased jurors. Each juror is key.

Clear Narrative

We build a coherent and credible story, avoiding unnecessary technicalities.

Reasonable Doubt

Only reasonable doubt is needed for acquittal. We attack it with forensic expertise.

Forensic Science: The Technical Battlefield

The autopsy from the Institute of Legal Medicine is not infallible. We systematically question time of death (thanatochronology), mechanics of injuries, existence of defensive struggle, and compatibility of wounds with prosecution narrative.

  • Ballistics: Trajectory of shots, distance, angle of entry. 3D reconstruction.
  • DNA: Cross-contamination, broken chain of custody, profile mixtures.
  • Hematology: Blood spatter patterns to determine aggressor/victim position.

Criminal Typologies

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Murder (Art. 139)

Technical defense against accusations of intentional death with treachery, cruelty, or price. Reviewable Permanent Prison.

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Homicide (Art. 138)

Basic type against life. Defense strategies based on absence of aggravators and passionate mitigators.

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Reckless Homicide

Defense in traffic accidents (DUI), medical malpractice, or workplace accidents resulting in death.

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Jury Trial

Specialists in Jury Law. Forensic oratory techniques, jury selection, and testimony psychology.

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Why Alonso Sala in Blood Crimes?

Because our hand doesn't shaking. When society and media have already convicted, we defend the presumption of innocence with technical ferocity. We know how to navigate media pressure and protect the client.

Our results in Jury Trials endorse a methodology based on obsessive preparation of the oral trial, where every gesture and every silence counts.

  • ✓Forensic oratory adapted to Popular Juries.
  • ✓In-house accident reconstruction team.
  • ✓Technical defense against Permanent Prison.
  • ✓Experience in high social impact cases.
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FAQs

Difference between Homicide and Murder?expand_more
Key distinction. Homicide is 'causing death'. Murder is doing so with Treachery (surprise), Cruelty (increasing pain), or Price (hitmen). Penal difference is huge: homicide 10-15 years; murder 15-25 or Permanent Prison.
What is 'surprise' treachery?expand_more
Attacking so the victim cannot defend at all. E.g., from behind, while sleeping, or ambush. If proven, homicide automatically becomes murder.
What is Reviewable Permanent Prison (PPR)?expand_more
Max penalty in Spain. Not life sentence, but close (review at 25 years). Applies to murder of under-16s, vulnerable people, after rape, or serial killers.
When is self-defense legitimate?expand_more
Requires prior illegitimate aggression (real/current), rational necessity of means used (proportionality), and lack of provocation. If a requirement is missing, it reduces penalty but doesn't acquit.
What is 'Temporary Mental Disorder'?expand_more
A temporary state of full mental disturbance (not chronic) annulling consciousness. If proven, not criminally liable (acquitted, maybe psychiatric confinement).
How does a Jury Court work?expand_more
9 citizens decide guilt. They don't know law, so defense must be pedagogical and human. Citing articles isn't enough; must convince on 'facts' and reasonable doubt. It's theatrical and psychological.
What about traffic accident homicide?expand_more
If gross negligence (alcohol, drugs, extreme speed), it's criminal (1-4 years). If less serious negligence, lower penalty. Key is the accident reconstruction report.
Can I be convicted without a body?expand_more
Yes, though very hard. Powerful evidence needed (blood, DNA, confessions, motive). Jurisprudence admits conviction without 'corpus delicti' if deductive logic is overwhelming.
What is 'cruelty' (ensañamiento)?expand_more
Deliberately and inhumanely increasing victim's suffering before killing. Not many stabs (that can be rage), but wanting them to suffer more than needed. Turns homicide into murder.
Does 'crime of passion' exist?expand_more
Legally, no. It may fit 'outburst or obsession' mitigator (intense passionate state), reducing penalty but not eliminating crime. Killing for jealousy doesn't exempt, it convicts.
What civil liability is paid?expand_more
Compensation to family is millionaire. If accused is insolvent, doesn't pay, but debt remains. In traffic accidents, insurer pays (up to limit).
What is helping suicide?expand_more
Convincing or effectively helping another to suicide. It's a crime (Art. 143 CP). If help goes to executing death (illegal euthanasia), it's executive cooperation to suicide.
What if drunk/high when killing?expand_more
If intoxication was full, can be exemption (acquittal) or incomplete exemption (reduced penalty). But if drank 'to get courage' to kill, no reduction applies.
Defending a 'hitman' case?expand_more
Murder for 'price, reward, or promise'. Proof is usually financial or communications. Defense attacks the link between payer (inducer) and executor.
What is 'domestic treachery'?expand_more
Supreme Court says in cohabitation (couples), trust relaxes defenses. Attacking exploiting that trust can be treachery and turn gender violence crime into murder.
Tried for murder and attempt together?expand_more
Yes. Killing one and wounding another trying to kill them sums penalties. Max effective compliance in Spain is 40 years (terrorism/multiple).
Role of autopsy?expand_more
Crucial. Determines cause, time, defense signs, and suffering. We hire medical experts to contradict official autopsy if it has errors.
Do blood crimes expire?expand_more
Murder expires at 20 years (never if terrorism/humanity). Homicide at 15. If police reopen case before deadline, counter resets.
What is preterintentional homicide?expand_more
Wanting to injure but ending up killing unintentionally (e.g., punch, bad fall, death). Punished as intentional injury + reckless homicide. Much lower penalty.
Is failing to help a dying person a crime?expand_more
Yes, omission of duty to rescue. If you caused the accident and flee, it's 'flight' crime + omission. Abandoning victim aggravates situation hugely.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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