Tucson, AZ Homicide Defense Lawyer  Homicide is the unlawful killing of a human being. Under Arizona Law, homicide is broken down to cover the following different criminal offenses, in order of seriousness: First-Degree Murder, Second-Degree Murder, Manslaughter, and Negligent Homicide. While the punishments for the different grades of homicide vary, all of the Arizona homicide charges are felonies, and they are all very serious.
While many offenses are regarded as "victimless" crimes, homicide charges are the extreme opposite; a person died. Even where the defendant had no intention of harming anyone, a criminally negligent or reckless act causing the death of another person will be prosecuted aggressively. If you or a loved one is facing homicide charges, contact a Tucson Criminal Defense Attorney now to discuss the charges, possible defenses, and any other questions you may have. When facing homicide charges, it is important to have an attorney on your side who has the knowledge, experience, toughness, and desire to help you achieve the best possible result. CALL NOW FOR A FREE CONSULTATION 520-585-5757 FIRST DEGREE MURDER First Degree Murder is the most serious homicide charge, punishable by life imprisonment or even death. First degree murder is traditionally the premeditated, intentional killing of another person. "'Premeditation' means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion." Not much time or planning is required to prove premeditation, and in the case of most intentional killings, prosecutors will charge the most serious charge, first degree murder. First degree murder can also be charged under the Felony Murder Rule (when someone is killed during the commission of certain specified serious and violent felonies), or if the victim is a law enforcement officer. Arizona Revised Statutes 13-1105 SECOND DEGREE MURDER Second Degree Murder is a killing that is done (1) intentionally, (2) with knowledge that the conduct would cause death or serious injury, or (3) under circumstances manifesting extreme indifference to human life. It is important to note that not all second degree murder cases are the result of intentional killings. This can create a murky line between murder and manslaughter, and has resulted in unequal application of homicide laws to similar conduct. At what point a "reckless" act becomes one that "manifests extreme indifference to human life" is a subjective determination. Unfortunately for defendants, prosecutors tend to charge the most serious offense, and most judges are former prosecutors. Accordingly, absent a great defense, a reckless homicides can quickly end up being a murder conviction. Second Degree Murder is a class one felony, punishable by up to 22 years in prison. Arizona Revised Statutes 13-1104 More Information on MURDER Cases | More Information on ATTEMPTED MURDER Cases MANSLAUGHTER At Common Law, there are two types of Manslaughter: Voluntary and Involuntary. Under Arizona Law, a person may be charged with manslaughter under any of the following five circumstances: -Recklessly causing the death of another person (traditionally called "involuntary manslaughter") -An intentional killing upon sudden quarrel or adequate provocation (traditionally called "voluntary manslaughter") -Providing a person who commits suicide with the means to do so, with the knowledge that they intend to commit suicide. -An intentional killing committed upon coercion or threat. Manslaughter is a Class 2 felony in Arizona, and is punishable by a minimum of 4 years and a maximum of 10 years in prison. Arizona Revised Statutes 13-1103 More Information on MANSLAUGHTER Cases NEGLIGENT HOMICIDE Negligent homicide is the least serious of the homicide charges under Arizona Law, but is still a Class 4 Felony. In order to sustain a conviction for Negligent Homicide, the prosecution must prove that the defendant caused the death of the victim, and that the defendant acted with criminal negligence. Arizona Revised Statutes 13-1102 VISIT OUR PAGE ABOUT ATTEMPTED MURDER HERE COMMON DEFENSES IN HOMICIDE CASES Causation - For all types of homicide, the government must prove that the defendant actually caused the victim's death. One example of this is that of a defendant being charged for the death of a person who committed suicide. Causation is a tricky issue in homicide law, and requires keen legal skills. Mistaken Identity - Faulty eyewitness identification is the leading cause of false convictions. Often, witnesses are more confident in their ability to identify a perpetrator than they should be, and pick out the wrong person. Adding to the problem, police use suggestive tactics that make identifications even more unreliable. Self Defense - A person may defend themselves with deadly force where a reasonable person would believe the force necessary to protect themselves. A person who is in a place where he/she may legally be, and is not engaged in an unlawful act, has no duty to retreat before using deadly force. Lack of Intent - While negligent homicide and manslaughter do not require intent to kill as an element, murder requires intent (or in the case of second degree murder, "extreme indifference"). Therefore, showing a lack of intent, knowledge, or extreme indifference, can help to avoid a murder conviction. Provocation and Coercion - With sufficient provocation, or under the threat of violence from someone else, an intentional killing is punishable as manslaughter instead of murder. This can mean a major difference at sentencing (manslaughter is punishable by as little as 4 years; 2nd murder is punishable by 10-22 years; 1st degree murder is punishable by life in prison, even death). Insanity - A person afflicted by a mental disease or defect so severe that, at the time of the commission of a crime, they cannot realize that the act is wrong. The burden to prove insanity is on the defendant, and must be proven by clear and convincing evidence. Alibi - People cannot be in two places at the same time. If a defendant has an air-tight alibi (i.e. was somewhere else at the time of the killing), it will at least raise a doubt as to how they could have committed the charged offense. Intoxication - Voluntary intoxication is not a general defense to crimes in Arizona, but it can serve to negate the specific intent element of certain crimes. Involuntary intoxication (against ones will) or voluntary intoxication from the non-abusive use of prescribed medication. IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED, OR IS UNDER INVESTIGATION FOR A HOMICIDE OFFENSE IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY 520-585-5757
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November 2024
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