Phoenix Murder & Homicide Lawyer

Phoenix Murder & Homicide Attorney

A homicide happens when one person deprives another of their life. The right to life is considered as one of the most basic human rights, which is why the Arizona legal system reserves the most severe penalties and punishments for those who commit this crime. A Phoenix murder & homicide lawyer is necessary to protect your future.

Homicide includes murder, manslaughter, and negligent homicide, and each offense has significant penalties. A lot of people tend to use the terms murder and homicide interchangeably. However, they’re not the same crimes. While all murders are homicides, not all homicides are murders. Murder involves intentionally killing someone without any justification.

Dworman Law: Defending Your Interests in Maricopa County

If you’re facing homicide charges, your freedom and life are at stake. It’s critical to find strong representation with the skills and knowledge to pursue every legal option. Your future and freedom are at risk, and you need strong legal support to protect yourself. Prosecutors are aggressive in their pursuit of convictions, especially with charges as serious as homicide. Dworman Law is dedicated to building the most effective criminal defense for your case.

The team at Dworman Law has defended the rights of many individuals facing criminal charges throughout our communities in the Phoenix metro area. We can fight aggressively for your interests and review all potential avenues for your defense. Our firm understands the significant consequences that a conviction can have on your life, so we can work hard to minimize them.

Howard Dworman has helped countless clients fight for their rights. He understands the urgency of your case, and is prepared to use his experience and skills to help you obtain the best possible result. He fights for your justice and rights using years of experience across many types of criminal defense cases, including countless trials and hearings.

Call us now at (480) 256-2449 to protect your rights.

Types of Homicide Charges

The type of homicide charge an accused may face will depend on certain factors such as the identity of the victim, the circumstances surrounding the incident, etc. In Phoenix, Arizona, homicide charges are classified into four categories. Each is a serious crime that carries heavy mandatory sentencing.

1. First-Degree Murder

Under Arizona Revised Statutes 13-1105, this is a potential capital offense and a Class 1 felony. It occurs when a person takes the life of another in a deliberate, premeditated, and intentional act. A person who is convicted of first-degree murder may spend the rest of their life in prison.

2. Second-Degree Murder

This is a Class 1 felony under ARS 13-1104. This type of crime happens when a person knowingly or intentionally causes the death of another, but the act wasn’t premeditated. Here are some possible scenarios for those who are facing second degree murder charges:

• The state may charge a person with this crime if another person’s death was due to the former’s extreme recklessness. The accused may even face a murder conviction if they killed someone in a DUI accident, and it was later established that their blood alcohol levels were extremely high.
• The minimum sentence is 10 years in prison. For first-time offenders, the maximum they can get is 22 years.
• For those with a prior conviction of a serious felony, including second-degree murder, the minimum sentence is 15 years and the maximum is 25 years.
• If the victim was an unborn child (excluding elective abortions) or under the age of 15, the court may sentence the accused to life in prison, with a chance of getting parole after 25 years. This is also the case if the accused has two or more previous convictions for serious felonies.

3. Manslaughter

This charge is given when the accused has recklessly caused the death of another. Pursuant to ARS 13-1103, this is a Class 2 felony that happens when one did not specifically intend to cause a person’s death. A manslaughter conviction can get one to spend 5 to 10 years in prison, or as long as 12.5 years with enhancements.

Here are some scenarios that could give rise to a manslaughter charge:

• The killing occurred as a crime of passion, or a crime that happened in the heat of the moment
• The accused assisted another person to commit suicide
• The accused recklessly or knowingly caused an unborn child’s death by injuring the mother

4. Negligent Homicide

Under ARS 13-1102, a person can get charged with negligent homicide when they cause the death of another person, even if that was not their intention. The prosecution will only need to establish that the accused’s recklessness or extreme negligence led to the victim’s death. The maximum sentence for this Class 4 felony is 3 years.

Some examples of situations that can lead to a negligent homicide charge are the following:

• Vehicular homicide
• Accidents caused by the accused when they were impaired by drugs or alcohol

Possible Defenses to Homicide Charges

A Phoenix homicide defense attorney can help work out the best strategy given the specific circumstances of the case. Below are some examples of these defenses:

• The accused’s constitutional rights were violated by the police during their interrogation or investigation process. This may include the failure to read the accused’s Miranda rights, illegal search and seizure, a coerced confession, or evidence being mishandled in the chain of custody.
• The evidence was illegally obtained and must, therefore, be suppressed. Any constitutional rights violations can result in certain evidence being suppressed or not being admissible in court. Depending on how crucial this evidence is to the prosecution’s case, it could result in the dismissal of the charges.
• There was a mishandling of the physical evidence being offered. This evidence can therefore be invalid and not be used against the accused.
• The accused has an airtight alibi. The defense applies when the accused can be proven to not be at the scene of the homicide when it occurred. The whereabouts of the accused could be verified through witness corroboration, footage, documentation, and other evidence.
• The eyewitness testimony lacks credibility or is unreliable. This may cause enough doubt about the prosecution’s case.
• The killing was done in self-defense or in the defense of another. This defense is an affirmative defense, which states the accused did commit the crime, but they or another person were at imminent and immediate risk of death or serious harm.
• The prosecution cannot prove premeditation. This defense is relevant in a first-degree murder charge, and it could result in the accused being found guilty of a lesser homicide offense.
• The evidence is insufficient to warrant a conviction. The accused can only be found guilty when the prosecution proves beyond a reasonable doubt that they committed the crime. An effective defense attorney should be active in this type of defense, finding doubt or a lack of credibility in the evidence provided.

Which defense is applicable to your case will entirely depend on your unique circumstances, along with what aggravating and mitigating factors are present in the offense and arrest.

How Can an Arizona Criminal Defense Lawyer Help With Homicide Charges?

An Arizona criminal defense lawyer can provide the greatest chance of avoiding or limiting the consequences of a homicide charge. You have the right to legal representation, and it is crucial that you find experienced and dedicated legal support that can fight aggressively for your interests. This is beneficial for your personal well-being as well as your legal defense. Having someone on your side can be very helpful in an overwhelming situation.

It can be terrifying to face the criminal justice system by yourself, especially against homicide charges. These crimes are some of the most serious and seriously prosecuted offenses in the state. The prosecution has the burden of proof, and it is important that you get legal protection to find failures in the prosecution’s case, whether you committed the crime or not. A skilled attorney can plan your defense and help you make important choices about your future.

The process of being charged can be complex, from the arrest and initial hearings to a trial. While you may have never navigated the criminal justice system before, a defense attorney has. This legal knowledge is invaluable, and so is a defense attorney’s professional relationships with others involved in the case, including the prosecution. Understanding the prosecution can help your defense attorney know if a plea bargain is possible and when it is necessary to go to trial.

A criminal defense attorney understands the law and how to effectively use it to protect your interests. While no defense attorney can guarantee an outcome to a trial, you stand a much better chance of having the charge dropped or the penalties mitigated with the support of a skilled lawyer.

FAQs

Hire a Phoenix Homicide Defense Lawyer to Fight for Your Rights

If you’re accused of any of the 4 types of homicides, the battle is going to be long and arduous. You’re going to need someone by your side who will work hard to defend you.

Howard Dworman has the skills and experience to help you achieve the best possible outcomes in your case. He works with reputable accident reconstruction and forensic experts to help you present a strong defense in court.