Murder And Attempted Murder Lawyers in Sandton

Murder and attempted murder are Schedule 6 offences under the Criminal Procedure Act 51 of 1977, which means the police have no authority to grant bail — a formal bail application must be brought in court, with the State presumed to oppose. In Sandton, less serious cases are tried in the Sandton Magistrate’s Court sitting as a Regional Court, while matters where the State intends to seek life imprisonment are referred to the Gauteng Local Division of the High Court in Johannesburg. Burger Huyser Attorneys’ Criminal Law practice is anchored at the firm’s Sandton branch (Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, 011 253 3080, after-hours mobile 064 555 3358) and handles these matters from the first bail appearance through to trial, plea, and sentencing.

Why Engage a Specialist Murder and Attempted Murder Defence Lawyer in Sandton

Murder and attempted murder are Schedule 6 offences — the police cannot grant bail at station level, and the State is presumed to oppose any application for release. The accused carries the burden of satisfying the court that the interests of justice permit release, and on a Schedule 6 charge this is decided on a paper-thin set of “exceptional circumstances” factors rather than the looser Schedule 5 test.

A murder conviction carries a minimum sentence of life imprisonment under the Criminal Law Amendment Act 105 of 1997 unless the court finds “substantial and compelling circumstances” — a high bar that turns almost entirely on how the defence case is built at trial. Attempted murder carries its own prescribed minimum-sentence regime under the same Act, so the defence engages with that framework separately from the murder charge itself.

Early, specialist representation affects both the bail outcome and the eventual trial strategy — most weak bail applications fail because the supporting papers were not properly put together before the first court appearance. Burger Huyser Attorneys’ Criminal Law practice runs these files out of the Sandton branch precisely because Schedule 6 work requires daily, in-person appearance in the local courts.

What the Defence Service Covers (Scope of Engagement)

• 24/7 arrest response — telephone intake, immediate advice to the arrested person or family member, and instructions issued to the police station for an after-hours bail application.
• First bail appearance — appearing at the first court appearance (typically within 48 hours of arrest) and putting the State on notice that a formal bail application will follow.
• Formal bail application — investigating the State’s case, drafting the applicant’s founding affidavit, annexing a proposed set of release conditions, and anticipating the State’s opposition.
• Bail appeal and review — taking a refused bail application on appeal to the Gauteng Local Division of the High Court under section 65 of the Criminal Procedure Act where appropriate.
• Plea-and-trial preparation — analysing the charge sheet, securing and reviewing disclosure under section 35 of the Constitution and the SCA disclosure framework, taking instructions, and consulting with the Senior Public Prosecutor.
• Trial representation and appeals — plea, cross-examination, closing argument, and sentencing mitigation in either the Regional Court or the High Court; petitions for leave to appeal against conviction or sentence.

The Local Procedural Context: Where Murder and Attempted Murder Matters Are Heard in Sandton

Court	Seat	Typical matters
Sandton Magistrate’s Court (Regional Court)	111 Rivonia Road, Sandown, Sandton, 2196	Attempted murder where the State does not seek life imprisonment; murder where the prosecution accepts a regional-court trial; bail applications for arrests in the Sandton precinct.
Gauteng Local Division of the High Court, Johannesburg	High Court complex, Johannesburg	Murder and attempted murder where the State intends to seek life imprisonment under the Criminal Law Amendment Act 105 of 1997; bail appeals under section 65; trials transferred out of the Regional Court.

The National Prosecuting Authority’s decision on whether to prosecute in the Regional Court or the High Court is guided by its prosecution policy and turns on the seriousness of the offence, the strength of the evidence, and the personal circumstances of the accused. The firm’s Sandton branch (Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, 2191; tel 011 253 3080; after-hours mobile 064 555 3358) is the practical intake point for Sandton-area clients. The general after-hours bail line (069 522 7696) is also available for out-of-hours arrests where the per-branch mobile is not reachable.

Bail for Schedule 6 Offences: What Makes Murder and Attempted Murder Different

Schedule 6 of the Criminal Procedure Act 51 of 1977 lists the offences for which the police have no power to grant bail — murder, attempted murder, rape, robbery with aggravating circumstances, and others. On a Schedule 6 charge, the accused must apply for bail in court, and the court applies the “interests of justice” test under section 60 of the Act, weighing flight risk, public safety, the seriousness of the charge, the strength of the State’s case, and the risk of interference with witnesses. The court must also be satisfied that “exceptional circumstances” exist justifying release — a stricter formulation than the Schedule 5 bail test.

Stage	Timeframe
First court appearance	Generally within 48 hours of arrest.
Formal bail application	Argued at the first appearance or postponed a few days to allow the State to file its response.
Bail appeal under section 65 of the CPA	Typically within days to weeks of refusal.

Conditions typically imposed in successful Schedule 6 bail applications include reporting to a police station, surrendering travel documents, a fixed residential address, and (in some cases) electronic monitoring. The exact package is tailored to the accused’s circumstances and the court’s specific concerns — a one-size-fits-all set is usually read by the court as a sign the application has not been properly prepared.

What to Look for When Choosing a Murder and Attempted Murder Defence Lawyer

• Regional Court and High Court appearance record — your lawyer should regularly appear in both the Sandton Regional Court and the Gauteng Local Division, not just lower-court criminal matters.
• After-hours bail response — Schedule 6 arrests often happen outside office hours; the firm must be reachable on a dedicated after-hours line, not just a switchboard message.
• Senior practitioner access — murder and attempted murder files are partner-grade work, not handed off to candidate attorneys as a default.
• Track record in Schedule 6 matters — verifiable experience in murder, attempted murder, and related Schedule 6 defences rather than a general “we do criminal law” claim.
• Transparent cost conversation — fees quoted up front with clarity on what is included (first bail appearance, formal bail application, plea, trial, sentencing) rather than vague hourly estimates.

Burger Huyser Attorneys’ Sandton branch meets every criterion on this list — partner-led Criminal Law practice, dedicated after-hours mobile line (064 555 3358), and per-file fee quotes set out by stage at the first consultation.

Practical Considerations: Cost, Timeline, What to Do First

Stage	What it costs	Typical timeline
First bail appearance and formal bail application	Quoted per file after intake.	Within 48 hours of arrest; argued within days.
Plea-and-trial preparation	Covered by the trial-stage brief; quoted per file.	Months to years, depending on the trial roll and complexity.
Trial and sentencing	Covered by the trial-stage brief; quoted per file.	Days to weeks of court time, depending on the matter.

Fees depend on the charge, the venue (Regional Court vs High Court), the complexity of the evidence, and whether the matter proceeds to trial or resolves at an earlier stage. Burger Huyser Attorneys quotes on a per-file basis after the initial consultation at the Sandton branch.

If arrested or facing imminent arrest: invoke the right to silence, ask for the duty attorney or contact the firm’s after-hours line (064 555 3358 for the Sandton branch, or the general bail line 069 522 7696), and do not make any statement to the police before speaking to a lawyer.

Frequently Asked Questions

How much does a murder or attempted murder defence lawyer cost in Sandton?

Fees depend on the charge, the venue (Regional Court vs High Court), the complexity of the evidence, and whether the matter resolves at bail or proceeds to trial. Burger Huyser Attorneys quotes on a per-file basis after the initial consultation at the Sandton branch (011 253 3080), with separate cost stages for first bail appearance, formal bail application, plea, trial, and sentencing set out up front.

Can I get bail on a murder or attempted murder charge?

Possibly, but not at the police station. Murder and attempted murder are Schedule 6 offences under the Criminal Procedure Act 51 of 1977, which means the police have no power to grant bail — a formal bail application must be brought in court, and the State is presumed to oppose. The court applies the “interests of justice” test together with the stricter “exceptional circumstances” formulation for Schedule 6 matters, weighing flight risk, public safety, the seriousness of the charge, the strength of the State’s case, and the risk of interference with witnesses. The outcome turns on how the application is prepared.

What is the minimum sentence for murder in South Africa?

Life imprisonment, under the Criminal Law Amendment Act 105 of 1997, unless the court finds “substantial and compelling circumstances” justifying a lesser sentence. Attempted murder carries its own prescribed minimum-sentence regime under the same Act, with the actual minimum depending on the specific findings the court makes on the attempt and the underlying intent.

Where will my murder or attempted murder case be heard?

Less serious charges are tried in the Sandton Magistrate’s Court sitting as a Regional Court. Where the State intends to seek life imprisonment, the matter is referred to the Gauteng Local Division of the High Court in Johannesburg. The National Prosecuting Authority’s decision on which forum to prosecute in turns on the seriousness of the offence, the strength of the evidence, and the personal circumstances of the accused.

What should I do if I am arrested for murder or attempted murder in Sandton?

Invoke the right to silence immediately, ask to speak to a lawyer before making any statement, and contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 during office hours or the after-hours mobile 064 555 3358 (general after-hours bail line 069 522 7696) outside office hours. Do not try to “explain yourself” to the police before taking legal advice.

How long does a murder or attempted murder trial take?

Bail applications usually resolve within days of arrest. The trial itself varies from a few months to several years, depending on the complexity of the evidence, the number of witnesses, the court’s roll, and whether pre-trial representations or a section 105A plea agreement bring the matter to an earlier close.

If you or a family member has been arrested for murder or attempted murder in the Sandton area, contact Burger Huyser Attorneys’ Sandton branch on 011 253 3080 (after-hours mobile 064 555 3358) or visit the office at Block 3, 1st floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, Sandton, 2191. The firm’s Criminal Law practice handles Schedule 6 matters from the first bail appearance through to trial and sentencing in both the Sandton Regional Court and the Gauteng Local Division of the High Court in Johannesburg. A general after-hours bail line is also available on 069 522 7696. Burger Huyser Attorneys carries a 4.8/5 average across 250+ Google reviews (Trustindex verified — “Top Rated Law Firm in South Africa”) and has been recognised as Best Criminal & Family Law Specialists 2025 by the MEA Business Awards and as Best Specialist Criminal & Family Law Firm 2022 (Gauteng) by the same body.