ARIZONA HOMICIDE DEFENSE

A criminal offense resulting in the death of the victim can be classified as a Homicide.  Arizona criminal law includes four different crimes of homicide:

Negligent Homicide: A class 4 dangerous felony.

Manslaughter: A class 2 dangerous felony.

Second Degree Murder: A class 1 felony, punishable by 10 to 22 years in prison with a presumptive sentence of 16 years.

First Degree Murder: A class 1 felony, punishable by death or life in prison.

The difference between the different levels of Homicide is largely determined by the mental state of the defendant (i.e. what he or she was thinking at the time of the incident).  Was the defendant merely criminally negligent or was he or she reckless? Did he or she actually intend to kill the victim, if so, did he or she premeditate the killing or spontaneously decide to do it?  These factors are the differences between Negligent Homicide and Manslaughter; Second Degree Murder and First Degree Murder.

Additionally, whether the victim provoked the defendant could be the difference between Manslaughter and Murder.  And sufficient provocation (where the defendant actually feared for his or her own safety) could mean a meaningful claim of self-defense leading to no criminal offense at all.

Defending Arizona Vehicular Homicide

Finally, vehicular homicides are often charged when a motor vehicle accident causes someone's death.  Most often, these are accidents where the driver is alleged to be intoxicated by alcohol or drugs.  These charges bring the additional challenge of the science and stigma of DUI to an already complicated case.  Arizona prosecutors often charge Murder or Manslaughter, when Negligent Homicide is more appropriate.  Worse yet, they will often try to use the high mandatory minimums to force client's to enter agreements - even in cases where intoxication may not have caused the accident, and no homicide was committed. Experienced Criminal and DUI defense Lawyers use their knowledge in both arenas to defend their clients.  Mr. Borrelli fights hard to ensure his clients rights are protected and they receive fair treatment and the best possible outcome in their cases.

Detailed preparation and investigation is vital to any Homicide case.  If you are charged with such a crime, you need any experienced criminal defense attorney who can look to any potential defenses you may have and who is effective in communicating to a jury so that they will see your side of the events.  Borrelli Law Office, PLLC is dedicated to providing the best defense possible for all clients accused of a crime.

Disclaimer: This web site is designed for general information only and should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Every case is unique and you should consult and experienced arizona criminal/dui attorney regarding the details of your particular case.

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