Homicide Attorney In Phoenix, AZ
Build A Strong Defense Against Homicide Charges
If you are dealing with homicide charges it’s important to secure a strong defense team that is fully prepared to build the strongest possible case for you.
Because of the nature of these cases, an immediate and fast response is very important. We are experienced and skilled at building a strong and effective defense against homicide charges. Call or message us now for a free consultation.
Arizona Homicide Laws
A.R.S § 13-1105: First Degree Murder
Premeditated First Degree Murder
In Arizona, this charge is defined as “Intending or knowing that conduct will cause death, that conduct then causes death, the conduct was taken with premeditation.” The prosecution may use the passing of time as a factor that suggests premeditation but time itself cannot be considered premeditation. Premeditation might look like “a pattern of escalating violence between the defendant and the victim.”
Punishments for being found guilty of this crime are life in prison. If the victim was over 15 years of age then there is the possibility of release after 25 years. That number rises to 35 if the victim was under 15 or an unborn child.
Felony First Degree Murder
To be convicted of this charge the prosecution has to argue that the defendant either acting alone or with others, committed or attempted to commit a felony. In the course of the furtherance of the felony or in the immediate flight from the offense, the defendant caused the death of another person.
The felonies enumerated under this charge are:
- Sexual Conduct with a Minor under A.R.S.§ 13-1405;
- Sexual Assault under A.R.S.§ 13-1406;
- Molestation of a Child under A.R.S.§ 13-1410;
- Terrorism under A.R.S.§ 13-2308.01;
- Marijuana Offenses under A.R.S.§ 13-3405, subsection A, paragraph 4;
- Dangerous Drug Offenses under A.R.S.§ 13-3407, subsection A, paragraphs 4 and 7;
- Narcotics Offenses under A.R.S.§ 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses;
- Involving or using minors in drug offenses under A.R.S.§ 13-3409;
- Drive by Shooting under A.R.S.§ 13-1209;
- Kidnapping under A.R.S.§ 13-1304;
- Burglary under A.R.S.§ 13-1506, 13-1507 or 13-1508;
- Arson under A.R.S.§ 13-1703 or A.R.S. § 13-1704;
- Robbery under A.R.S.§ 13-1902, A.R.S.§ 13-1903 or A.R.S.§ 13-1904;
- Escape under A.R.S.§ 13-2503 or A.R.S.§ 13-2504;
- Child Abuse under A.R.S.§ 13-3623, subsection A, paragraph 1; or
- Unlawful flight from a pursuing law enforcement vehicle under A.R.S.§ 28-622.01.
- Manslaughter- resolved with probation
Punishments for a conviction under Felony First Degree murder are similar to those of premeditated murder. If the defendant is 18 or older then they could face 25 to life depending on whether the victim was under or over 15 years of age. If the defendant is under 18 then they face a statutory life term.
First Degree Murder: Death of Law Enforcement Officer
“Intent or knowledge that conduct will cause death of law enforcement officer who is in the line of duty, and the conduct does so.”
If the defendant is over 18 then they could face a life term. If the defendant is under 18 then they face a statutory life term.
A.R.S. § 13-1104: Second Degree Murder
Intentional Second Degree Murder
Without premeditation (length of time to permit reflection), intentionally causes the death of another. (Includes an unborn child, with exception).
Knowing Second Degree Murder
Similar to Intentional Second Degree, this charge is defined as “Without premeditation but knowing that conduct will cause death or serious physical injury a person causes the death of another.”
Reckless Second Degree Murder
This charge is also defined under the above-mentioned statute. It is when a person recklessly engages in conduct, with extreme indifference to human life, that creates a grave risk of death and indeed causes the death of another person.
Punishments for Second Degree Murder in Arizona
Second Degree Murder, like First Degree murder, is a Class 1 Felony in Arizona. The maximum sentence for these charges is 25 years in prison. There is no possibility of parole or early release. The minimum sentence is 10 years.
Let The Litwak Law Group Defend Your Rights
When facing these types of criminal charges, make sure your future is in the hands of an experienced defense team.
The Litwak Law Group works on your behalf to make sure you have the best possible defense to either win your case at trial or obtain the best possible result short of trial. Including, the least amount of prison time and collateral consequences.
You can begin taking action to defend yourself against homicide charges before they are even filed. Being proactive will give your attorney ample time to prepare an effective case.
Homicide Defense Lawyer Serving Phoenix And Throughout Arizona
If you are facing homicide charges, contact the Litwak Law Group now to schedule a free consultation.