By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
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Murder charges in Victoria are the most serious criminal charges possible, heard exclusively in the Supreme Court of Victoria with mandatory life imprisonment if convicted. Police investigations are extensive, bail is almost always refused, and the legal process can take 12-24 months from charge to trial. You need a specialist criminal defence lawyer immediately - every conversation with police, every decision in the first 48 hours can determine whether you face murder or the lesser charge of manslaughter.
Do You Need a Lawyer?
Yes, absolutely. Murder charges in Victoria carry mandatory life imprisonment with a minimum non-parole period that can range from 20 years to natural life. Without specialist representation from the moment of arrest, you risk making admissions that lock you into a murder conviction when manslaughter might have been possible.
A specialist criminal defence lawyer can challenge the elements of murder, negotiate with prosecutors for lesser charges, and ensure proper forensic analysis of all evidence. The difference between murder and manslaughter can be 15-20 years of your life. Police will interview you multiple times - you cannot afford to face these interviews without legal representation.
Families often ask whether they should wait to see what charges are actually laid. Don't wait. Police can hold suspects for questioning while they build their case, and this initial period is when your defence strategy must begin. Call 1300 636 846 now if police have contacted you about a serious assault or death.
What Happens Next - The Process
- Police Investigation and Arrest: Victoria Police Homicide Squad conducts extensive investigations including forensic analysis, witness interviews, and CCTV review. This process can take weeks to months before charges are laid.
- First Court Appearance (Magistrates' Court): Initial filing hearing within 1-2 days of charge. Bail application can be made but is almost always refused for murder charges. Case is immediately committed to higher courts.
- Committal Hearing (Magistrates' Court): Usually within 6-12 weeks. Prosecution presents evidence to establish a prima facie case. Defence can cross-examine witnesses and challenge evidence quality.
- Supreme Court Directions Hearings: Multiple hearings over 6-12 months to manage pre-trial procedures including disclosure of evidence, expert witness reports, and legal argument applications.
- Trial (Supreme Court of Victoria): Jury trial lasting 2-6 weeks depending on complexity. Judge alone trials are possible but rare for murder charges.
- Sentencing (if convicted): Separate hearing where defence presents mitigation evidence. Mandatory life imprisonment with minimum non-parole period set by the judge.
The entire process typically takes 18-24 months from charge to resolution. During this time, you will likely remain in custody unless exceptional circumstances exist for bail. Each stage requires different defence strategies - don't navigate this alone.
The Law in Victoria
Murder is defined under Section 3 of the Crimes Act 1958 (Vic). The prosecution must prove beyond reasonable doubt that you:
- Intended to kill the deceased person, OR
- Intended to cause really serious injury and knew your actions were probably going to cause death
Manslaughter under Section 5 of the Crimes Act 1958 (Vic) covers unlawful killings without the specific intent required for murder. This includes deaths caused by criminal negligence, unlawful and dangerous acts, or killings where murder is reduced due to provocation or substantial impairment.
Maximum Penalties:
- Murder: Mandatory life imprisonment (Level 1 imprisonment)
- Manslaughter: Maximum 20 years imprisonment
- Defensive homicide: Maximum 20 years imprisonment (though this defence was abolished in 2014 for new offences)
Under Section 10 of the Sentencing Act 1991 (Vic), minimum non-parole periods for murder range from 20 years to natural life, depending on the category of murder and individual circumstances. The court considers factors like the relationship between parties, use of weapons, and whether the murder occurred during another serious offence.
These penalties are mandatory - judges have no discretion to impose lesser sentences for murder convictions.
Mistakes to Avoid
1. Speaking to Police Without a Lawyer Present: We regularly see cases where suspects make partial admissions thinking they're helping themselves, only to have these statements used to establish intent for murder rather than manslaughter. Police are trained to extract incriminating statements - silence is your right.
2. Assuming Manslaughter Will Be Offered: Prosecutors don't automatically offer manslaughter as an alternative. Your lawyer must build a case showing why the evidence doesn't support murder intent. This requires immediate investigation of the scene, witness statements, and your mental state at the time.
3. Waiting for Legal Aid: Legal Aid Victoria can take weeks to approve murder defence funding, and you may not qualify anyway. Private representation starts immediately and can secure evidence that disappears while you wait for publicly funded lawyers.
4. Discussing the Case on Remand: Phone calls from prison are recorded, and inmates often become prosecution witnesses. Never discuss your case with other prisoners or family members during recorded calls.
5. Pleading Guilty at the First Opportunity: Murder charges require extensive investigation of alternative charges, mental health defences, and prosecution evidence quality. Early guilty pleas to murder cannot be withdrawn once the court accepts them.
Every one of these mistakes can add decades to your sentence. Get advice before making any decisions.
Likely Outcomes and Costs
With Specialist Representation: Experienced murder defence lawyers can identify weaknesses in prosecution cases, negotiate alternative charges, and present compelling cases for manslaughter verdicts. We've seen murder charges reduced to manslaughter, resulting in sentences of 8-12 years instead of life imprisonment.
Self-Representation Risks: Representing yourself on murder charges in the Supreme Court is virtually impossible. The rules of evidence, jury selection, and cross-examination require years of training. Self-represented defendants almost invariably receive the maximum penalties.
Realistic Costs:
- Supreme Court murder defence: $150,000 - $350,000 for trial preparation and conduct
- Initial legal costs (pre-committal): $15,000 - $50,000
- Expert witnesses (forensic, psychological): $10,000 - $40,000
- Private investigation: $5,000 - $25,000
Timeframes: Most murder cases resolve within 18-24 months. Guilty pleas to manslaughter can occur within 6-12 months with proper negotiation. Contested trials typically occur 20-24 months after initial charge.
The difference between murder and manslaughter convictions is often 15-20 years of imprisonment. Professional legal costs are insignificant compared to this outcome. Your family's financial future is less important than your physical freedom.
How Go To Court Lawyers Can Help
Go To Court Lawyers operates Australia's largest criminal defence practice with over 800 lawyers across every state and territory. Our criminal defence specialists have defended hundreds of murder and manslaughter cases in Victorian courts, including complex Supreme Court trials.
Why Choose Go To Court Lawyers:
- 24/7 emergency hotline: 1300 636 846 - we answer murder charge calls immediately
- Fixed $295 initial consultation with experienced criminal defence lawyers
- Specialist murder defence lawyers who appear regularly in the Supreme Court of Victoria
- National practice since 2010 with 4.5-star rating from over 780 client reviews
- Established relationships with expert witnesses, private investigators, and forensic specialists
- Payment plans available for serious criminal defence matters
Our murder defence team includes former prosecutors and lawyers with decades of Supreme Court experience. We understand how homicide investigations work, what evidence prosecutors rely on, and how to build compelling alternative narratives for juries.
We also support families throughout this traumatic process. Murder charges affect entire families - partners lose income, children need counselling, and everyone faces social stigma. Our client support team helps coordinate these practical needs while our lawyers focus on your defence.
Time is critical in murder investigations. Evidence disappears, witnesses' memories fade, and prosecution cases solidify. Call 1300 636 846 now for immediate advice, book online at gotocourt.com.au/book, or request urgent help through our website. Initial consultations for murder charges can be arranged within hours, including prison visits if you're already in custody.
Don't let a murder charge destroy your life when manslaughter might be possible. Call now.
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