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Homicide crimes are serious offenses that carry heavy penalties. If you have been charged with such a crime in Phoenix, whether it be vehicular homicide or other murder charge, it is imperative that you speak with an experienced Phoenix homicide lawyer as soon as possible. Contact AZ Defenders today. We have the knowledge, skills, and experience to effectively pursue the best possible outcome for you after being charged with a violent crime.
A conviction for murder in Arizona carries life-changing penalties – and could even cost you your life under the state’s death penalty. Hiring an experienced criminal defense attorney to fight for your rights is essential during this difficult time. You need an attorney to protect your best interests during negotiations with the prosecution and/or a criminal trial in Maricopa County to achieve the best possible results for your case.
If you cannot afford to hire a private defense lawyer, the courts in Arizona will appoint a public defender for you. A public defender, however, typically will not have the same amount of time or resources to put toward your case as a private attorney. This could compromise your defense and lead to a negative case outcome. With so much at stake, don’t risk your future – hire an exceptional murder defense attorney to represent you.
Arizona law recognizes four principal homicide offenses:
The primary distinction between these charges is often the accused person’s alleged state of mind, including criminal negligence, recklessness, knowledge, intent, or premeditation. Every Arizona homicide charge is a felony with potentially life-changing consequences.
Sentencing depends on the facts, criminal history, alleged use of a dangerous instrument, victim’s age, and other statutory factors.
Under Arizona Revised Statutes Section 13-1102, a person commits negligent homicide by causing another person’s death with criminal negligence. Criminal negligence means failing to perceive a substantial and unjustifiable risk when that failure represents a gross deviation from the care a reasonable person would exercise in the same situation.
Negligent homicide is a Class 4 felony. For a first non-dangerous offense, the potential prison term generally ranges from 12 months to 3.75 years, although probation may be available. If the offense involved a deadly weapon or dangerous instrument, the potential range for a first dangerous offense is generally four to eight years. Prior qualifying convictions can substantially increase these ranges.
A conviction may also result in a fine of up to $150,000, a permanent felony record, lost civil rights, professional licensing consequences, and difficulties involving employment and housing.
Learn more about negligent homicide in Arizona under ARS 13-1102.
Under ARS 13-1103, manslaughter can include:
Manslaughter is a Class 2 felony. For a first dangerous offense, the potential prison sentence generally ranges from seven to 21 years, with a presumptive sentence of 10.5 years. Qualifying prior dangerous felony convictions can increase the potential sentence to as much as 35 years.
A conviction can also include a fine of up to $150,000, a permanent felony record, lost civil rights, and serious employment, housing, and licensing consequences.
Learn more about manslaughter charges in Arizona under ARS 13-1103.
Second-degree murder does not require premeditation. Under ARS 13-1104, a person may commit second-degree murder by:
Second-degree murder is a Class 1 felony, but it is not eligible for the death penalty. For a first conviction, the potential prison term generally ranges from 10 to 25 years, with a presumptive sentence of 16 years. Prior qualifying convictions can increase the sentencing range or potentially result in life imprisonment. Enhanced penalties may apply when the charge involves a child younger than 15.
Learn more about second-degree murder in Arizona under ARS 13-1104.
First-degree murder is the most serious homicide charge under Arizona law. ARS 13-1105 recognizes three principal forms:
Premeditated murder involves intentionally or knowingly causing death after reflection or planning. Felony murder can apply when a death occurs during, in furtherance of, or in immediate flight from certain enumerated felonies. A felony-murder charge does not necessarily require proof that the accused intended to kill or personally committed the fatal act.
First-degree murder is a Class 1 felony. Depending on the charge and other circumstances, a conviction can result in life imprisonment, natural life imprisonment without release eligibility, or the death penalty. Arizona has no statute of limitations for murder.
Learn more about first-degree murder in Arizona under ARS 13-1105.
Crafting a strong and aggressive defense strategy is something that an experienced attorney can do for you if you are facing homicide or murder charges in Phoenix. You need a lawyer you can trust to set a defense in motion that will protect you as much as possible. The strategy your attorney uses will depend on the scenario. Your lawyer may fight for case dismissal, a plea deal, not-guilty verdict (acquittal) or another positive outcome.
Potential defenses against murder and homicide charges in Arizona include:
Another possibility is arguing that the killing occurred in the heat of passion (while under duress or emotional distress) to reduce the charges. This means that you lashed out at the victim in an outburst of passion, such as involving a case of adultery, rather than premeditated murder. This defense could reduce the charges to involuntary manslaughter, resulting in a lessened sentence. Your lawyer will analyze your specific situation to determine the right defense for you.
The primary difference generally concerns awareness of risk. Negligent homicide involves failing to perceive a substantial and unjustifiable risk. Reckless manslaughter involves being aware of that risk and consciously disregarding it.
No. Second-degree murder can involve intentional, knowing, or extremely reckless conduct causing death, but it does not require the premeditation necessary for premeditated first-degree murder.
Yes. Arizona’s felony-murder rule can permit a first-degree murder charge when a death occurs in connection with certain enumerated felonies, even when the death was not intended.
No. Depending on the alleged conduct and mental state, a vehicle-related or unintentional death may be charged as manslaughter, negligent homicide, or another offense.
Potentially. Whether charges can be reduced depends on the evidence and whether the prosecution can prove the mental state and other elements required for the charged offense. Possible outcomes are case-specific and cannot be guaranteed.
You have the right to remain silent and the right to consult an attorney. Avoid discussing the incident with investigators, witnesses, or on social media before receiving legal advice. Politely request an attorney.
Homicide crimes are among the most serious charges you could face. Call the AZ Defenders law office at (480) 456-6400 to speak with one of our Phoenix homicide defense lawyers as soon as possible for experienced criminal defense. Or, if you prefer, you may contact us online to discuss your homicide charge or murder case.
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