In the Province of Buenos Aires, will I be tried by a judge or a jury?

For serious offences, trial by jury may apply. The strategy changes: a clear case theory, well-organised evidence and oral advocacy directed at lay citizens.

CRIMINAL DEFENCE · HOMICIDE AND ATTEMPTED MURDER

Charged with Homicide, Attempted Murder or Grievous Bodily Harm: How to Build Your Defence from the Very First Moment

Q: I have been charged with homicide or attempted murder: what is the first thing I should do?

The most urgent priority is not to make any statement without a defence lawyer present. In homicide and attempted murder cases, any spontaneous declaration to the police or prosecution can be used against you: the accused has a constitutional right to silence. A lawyer must be present before any procedural act — formal questioning, identity parade, expert examinations. You must also act quickly if there is a risk of pretrial detention: the first few days are critical for presenting bail or release arguments.

Q: Is it possible to be released on bail when charged with homicide or attempted murder?

It depends on the charge and the circumstances. Aggravated homicide (Art. 80 PC) carries a life sentence and in general does not admit bail. Simple homicide (Art. 79) and attempted murder may be bailable depending on fixed domicile, prior record and flight risk. In cases of violent emotion, self-defence or unintended killing there are additional strategies to challenge the charge classification and seek a lesser offence.

In these cases it is common to hear: "it was an accident" or "I acted in self-defence". But in legal proceedings, saying so is not enough — it must be supported by evidence, expert reports, reconstruction of events and a sound procedural strategy (charge classification, coercive measures, bail and litigation).

Evidence & reconstruction Charge reclassification Defence theories Procedural strategy FAQs

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If there is a detention or an emergency at a police station: 24-hour Bail & Release.

Not every killing carries a life sentence: the charge classification and the evidence define the case

In criminal law, a charge of homicide or attempted murder is decided by objective evidence and legal classification. With proper technical defence, and depending on the facts and evidence, it is possible to contest authorship, intent, self-defence or to argue for a less serious classification.

1) Evidence and reconstruction of events

In homicide and attempted murder cases, the case file is determined by objective evidence: CCTV footage, witness testimony, forensic medical reports, crime scene diagrams, timelines and chain of custody. The objective is to organise the evidence, seek urgent measures and identify early contradictions (police records, seizures, preservation of records) to build a case theory and litigate for dismissal or acquittal where appropriate.

If there are digital records (private CCTV, apps, location data), preserving them quickly is critical.

2) Charge reclassification (attempted murder vs assault / unintentional killing)

Many cases turn on contesting the charge classification: attempted murder is not the same as assault causing injury, and simple homicide is not the same as a less serious classification such as unintentional killing (homicidio preterintencional). This is proved through expert evidence, the mechanics of the event, the means used, the body parts affected and the sequence of events. A reclassification can have a direct impact on the sentence, coercive measures and the possibility of regaining liberty.

3) Defence theories (justifications and mitigating circumstances)

Depending on the case, there may be grounds for justification or mitigating circumstances (for example, self-defence or violent emotion). These cannot merely be asserted — they must be proved. If your case turns centrally on self-defence, we cover it in depth here: Guide: Self-Defence.

Procedural strategy

Contesting intent

The difference between intending to kill and intending to injure is central. It is litigated through expert evidence, the dynamics of the event, the injuries, the means used, distance and context. This directly affects the charge classification and sentence.

Coercive measures, bail and risk management

Pretrial detention is not automatic. It is contested on the basis of domicile, conduct, prior record, procedural risks and, above all, the strength or weakness of the charge and the initial evidence.

Trial by jury (Province of Buenos Aires)

In the Province, serious offences may go to a jury. The strategy changes: a clear and simple case theory, well-organised evidence and oral advocacy directed at lay citizens.

VIEW JURY TRIAL GUIDE

Emergency: if there is a detention or an imminent summons, contact us now to intervene from the outset.

We do not improvise — we know how prosecutors and courts approach these cases and how they are litigated. To see how similar cases have been resolved, review our Criminal Case Law Library: Homicide and Injury Cases.

Frequently asked questions

The most urgent priority is not to make any statement without a defence lawyer present. In these cases, any spontaneous declaration to the police or prosecution can be used against you: the accused has a constitutional right to silence. A lawyer must be present before any procedural act — formal questioning, identity parade, expert examinations. You must also act quickly if there is a risk of pretrial detention: the first few days are critical for presenting bail or release arguments.

It depends on the charge classification and the circumstances. Aggravated homicide (Art. 80 PC) carries a life sentence and in general does not admit bail. Simple homicide (Art. 79) and attempted murder may be bailable depending on fixed domicile, prior record and flight risk. In cases of violent emotion, self-defence or unintentional killing, there are additional strategies to challenge the charge and seek a lesser classification.

The difference lies in the classification: aggravated homicide requires specific circumstances supported by solid evidence. The defence contests whether those elements have been proved and whether a less serious charge is warranted.

The debate typically turns on intent: in attempted murder the prosecution asserts an intention to kill; in assault causing injury, only an intention to harm. Expert evidence, the body parts affected, the sequence of events and the means used are key to challenging the classification.

It is not automatic. Pretrial detention is contested on the basis of domicile, prior record, procedural risk and the strength or weakness of the charge and the initial evidence.

This arises where the accused intended to injure but caused death without intending to kill. If the evidence supports this classification, the penalty may be substantially lower than for simple homicide.

It is a mitigating circumstance where a person acts under an intense state of emotional disturbance caused by serious circumstances. It requires evidence of the context, the reaction and the dynamics of the event.

This occurs when several people are involved in an attack and it is impossible to determine who caused the fatal injury. The defence debate typically focuses on authorship, actual participation and individualised evidence.

For serious offences, trial by jury may apply. The strategy changes: a clear and simple case theory, well-organised evidence and oral advocacy directed at lay citizens.