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Murder Defense
Specialized criminal defense in murder crimes. Treachery, cruelty, and reward.
Dismantling Aggravating Factors
Murder defense usually focuses on 'downgrading' the charge to homicide. This requires attacking the aggravating circumstances. Was it really treachery or a brawl that escalated? Was there cruelty or a frenzy of the moment (outburst)? These questions determine going from 25 years in prison to 12.
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Why Alonso & Sala for Murder?
Aggravating downgrade defense Art. 139 CP: dismantle treachery + cruelty + argue moment outburst/obsession.
- securityDismantle treachery escalated brawl context: Prosecution accuse treachery = murder 15-25y + possible Permanent Prison. Defense prove mutual brawl prior escalated violence. Reconstruct chronology witnesses + prior messages downgrade → homicide 10-15y.
- securityCruelty vs moment frenzy: NOT enough many wounds. Requires deliberately + inhumanly increase victim suffering BEFORE killing. Post mortem wounds + necessary ensure death NOT cruelty. Forensic expert analyze temporal sequence demonstrate frenzy NOT torture.
- securityOutburst obsession mitigating: act momentary violent passion impulse provoked victim. NOT eliminate crime but reduce penalty analogical mitigating Art. 21.6 CP. Psychological expert analyze author emotional state moment.
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Frequently Asked Questions
What is Treachery (Alevosía)?expand_more
It is acting ensuring the crime without risk to the perpetrator. It is divided into 'surprise' (attack from behind), 'treacherous' (ambush), or 'helplessness' (sleeping victim or children). It is the main difference from homicide.
What is Cruelty (Ensañamiento)?expand_more
It is not just causing many wounds, but deliberately and inhumanely increasing the victim's suffering BEFORE killing them. If wounds are made 'post mortem' or are necessary to kill, there is no cruelty.
When does Reviewable Permanent Prison (PPR) apply?expand_more
In especially serious murders: victim under 16, murder after sexual assault, multiple murders, or committed by a criminal organization member. It is the maximum penalty in Spain.
Can the sentence be reduced in murder?expand_more
It is difficult due to the nature of the crime, but mitigating factors can be sought such as late confession, reparation of damage, or psychic anomalies (serious drug addiction or mental disorders).
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