Murder Lawyers

Best Criminal Lawyer for Murder Charges

Our specialist murder lawyers have years of experience acting in high profile cases. We have an accredited specialist criminal lawyer who can immediately give you advice if you are a suspect in a murder investigation.

Often, obtaining advice early can prevent you from being charged. If you have already been arrested and charged you should consult us immediately.

We have a proven track record in defending these charges and obtaining bail where other lawyers have failed.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Murder?

  The definition of Murder is contained in Section 18 of the Crimes Act 1900 (NSW). It sets out that if your actions caused the death of another person and you intended to kill or cause grievous bodily harm, you can be guilty of murder.

  This is a strictly indictable charge. As such, it will be finalised in either the District Court or Supreme Court.

   

  How Do You Beat a Murder Charge?

  You can fight Murder charges in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. The alleged victim died; and
  2. Your actions or failure to act caused that death (causation); and
  3. You either:
  4. had the intent to kill or commit grievous bodily harm (ie. cause really serious injury); and you foresaw the possibility of death occurring; OR
  5. had the intent to commit an offence with a maximum penalty of 25 years or more.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What are the Defences to Murder?

  The following defences apply to Murder cases:

  1. Identification: The prosecution cannot prove you were responsible for the Murder. If your DNA or fingerprints were found at the scene, we can instruct our team of DNA and fingerprint experts to cast doubt on this evidence;
  2. Self-defence: This is a common defence. Your actions were necessary to defend yourself and a reasonable response in the circumstances.
  3. Causation: Your actions did not cause the death
  4. You did not foresee the probability of the alleged victim dying due to your actions
  5. Death was not a natural consequence of your act or failure to act
  6. You had no intention to kill or cause grievous bodily harm. Intoxication may be relevant to this
  7. Duress: You were forced to commit the offence
  8. Necessity: You needed to commit the offence
  9. Automatism: Your act was involuntary (eg. you were asleep, you had a spasm)
  10. Provocation can be used to reduce a charge of murder to manslaughter

   

  Our team have years of experience in these cases and have been recognised as the best criminal lawyers for murder charges. We can quickly assess what defences are open to you and how to prepare for them.

  Contact us now to speak our Law Society accredited specialist criminal lawyer today by calling us on (02) 7804 2823.

• PLEADING GUILTY

  If you have taken advice and wish to plead guilty, you will then need to prepare for sentencing. You can refer to our general guide.

  However, you will need to speak to a senior criminal lawyer for murder charges for representation in Court and advice specific to your case.

   

  What is the Penalty for Murder?

  The maximum penalty for Murder is life imprisonment.

  There is a standard non-parole period of 20 years imprisonment. This is the amount of time you must spend in jail before you can be granted parole. While this is not mandatory and will vary with each case, it is a starting point for the Court.

   

  What Are the Possible Sentences for Murder?

  The following is a list of potential sentencing options the Court will have if you are found guilty of a Murder charge:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

  Will You Go to Jail for Murder?

  Every person found guilty of murder has been sentenced to jail. The length of imprisonment ranges from 15 years to life imprisonment.

  It will come as no surprise that jail is unavoidable if you are found guilty of this offence. That is why it is crucial for you to have Australia’s best murder lawyers by your side. If you have no defence, we are often able to negotiate the charge down to one of manslaughter.

  Contact us now so we can begin preparing your defence today.