Homicide Attorney in Gilbert, AZ
Homicide is the taking of a person’s life, whether intentionally or unintentionally. Causing the death of another has far-reaching consequences, and anyone in this position is likely grappling with many difficulties. It is essential to your future that you reach out to a Gilbert homicide lawyer immediately.
Regardless of the situation that led to fatal consequences, you have rights that deserve protection. If you or a family member has been accused of causing the death of another person, you need a quality lawyer. Having the right Gilbert criminal defense lawyer working for you from the beginning can make all the difference in the outcome of your case.
For a free legal consultation with a homicide lawyer serving Gilbert, call 480-400-5555
Why Choose Grand Canyon Law Group for Your Dedicated Gilbert Homicide Attorney?
The stakes do not get higher than they are in these cases. Homicide cases at Grand Canyon Law Group are handled personally by the founding members of the firm, David Lish and Ryan McPhie. You will meet with them from the consultation and they will be the attorneys in the case, not a less experienced attorney. It will receive all our attention and will be handled correctly from the very beginning.
Our attorneys understand the importance of handling these cases carefully. We have handled thousands of criminal cases, drawing on decades of combined experience. We have experience in local courts across various jurisdictions, including the Maricopa County Superior Court and its Criminal Department. You can count on our attorneys for honest, diligent, and compassionate legal guidance during this overwhelming and stressful case.
Gilbert Homicide Lawyer Near Me 480-400-5555
WHAT ARE THE TYPES OF HOMICIDE?
The law recognizes the difference between accidentally causing a death and carrying out an intentional homicide. In Arizona, there are three legally defined homicide crimes.
MURDER
Murder is an appropriate charge when the accused intended to kill someone. There are two degrees of murder:
- First-degree murder is intentionally killing someone with premeditation.
- Second-degree murder is intentional, but not necessarily pre-meditated.
Both first and second-degree murder are Class 1 felonies.
Conviction on a first-degree murder charge could lead to life imprisonment or the death penalty, if there were aggravating circumstances. The sentence for second-degree murder is 10 to 25 years of imprisonment. If second-degree murder is committed against a child younger than 15 years, the sentence increases to a minimum of 25 years to a maximum of 35 years of imprisonment.
MANSLAUGHTER
One could be charged with manslaughter if their reckless actions caused another’s death, as well as other circumstances. In these situations, the defendant had no premeditation or intent to kill, but their actions were so reckless that they should have recognized the danger or risk of death to another person. Manslaughter is a Class 2 felony that carries a sentence of four to ten years for those with no prior criminal history.
In some cases, it is unclear whether a person should face charges of second-degree murder or manslaughter. Part of your attorney’s efforts will be to convince to prosecutor to charge or eventually offer to settle the case for a lesser outcome.
NEGLIGENT HOMICIDE
Arizona Revised Statutes, Title 13 §1102, defines negligent homicide as the crime of someone causing another’s death through their actions but without perceiving the substantial riskiness of their behavior. The defendant’s behavior must be far removed from the actions of a reasonable person in similar circumstances. Criminally negligent homicide is a Class 4 felony, and the sentence upon conviction is 18 months to three years in prison but would be significantly higher if committed with a dangerous instrument or deadly weapon, which is likely. It would also be much higher if the defendant has any prior criminal history. Again, though, the Gilbert homicide attorneys at GCLG will work to reduce charges and negotiate an outcome that could be better than these guidelines.
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POTENTIAL DEFENSES TO HOMICIDE CHARGES
It is a fundamental principle of our legal system that prosecutors must prove their case against an accused beyond a reasonable doubt. A jury cannot convict a defendant if the prosecutor has not demonstrated the offender’s guilt.
However, if the prosecutor is able to make a strong case that the defendant caused someone’s death, there are defenses that the accused may assert to justify their actions or mitigate the severity of the punishment. Some of these include:
- Self-defense: the killing happened because the defendant was taking reasonable steps to protect their own life
- Defense of others: the death occurred while the defendant was taking reasonable actions to protect others from death or serious injury
- Insanity: the defendant was unable to distinguish right from wrong at the time of the actions that led to the alleged victim’s death
- Chain of custody issues: If evidence from the scene did not follow the appropriate chain of custody, it may have been contaminated or even tampered with. Evidence that was improperly handled could be deemed inadmissible.
- Rights violations: Law enforcement may have failed to uphold your constitutional rights during an arrest, search and seizure, or other procedure. This can result in certain evidence or information being deemed inadmissible.
- Witness credibility: One possible defense is finding weaknesses in the testimony of a witness, as they may have mistaken who committed the crime or even fabricated their testimony.
- Lack of evidence: In some cases, it can be difficult to prove that the accused is the one that committed the crime. Much more than other crimes, this is often a defense since the prosecutors are willing to charge homicide crimes even when the identity of the person who committed the crime is in question. This has lead to many wrongful convictions in homicide cases where an innocent person is charged and can sometimes be convicted.
If applicable in a certain homicide case, an experienced lawyer in Gilbert may use these or other defenses to convince a prosecutor to bring a lesser charge, or convince a jury that the defendant should not be held responsible for the death in question.
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FAQs About Homicide in Gilbert, AZ
What Is the Penalty for Negligent Homicide in Arizona?
In Arizona, negligent homicide is charged as a class 4 felony, which has a presumptive sentence of two and a half years of imprisonment. There is a minimum sentence of one and a half years of imprisonment, and a maximum term of three years. When aggravating factors are present, the penalties can increase to 3.75 years of imprisonment. If there are mitigating factors, the term can decrease to one year.
What Happens if You Tell a Lawyer You Committed a Crime?
If you tell a lawyer you have hired that you committed a crime, it may change how your lawyer crafts your defense. When you begin working with an attorney, they can tell you how they prefer to handle your case. Many defense attorneys prefer you to be entirely honest with them. Other defense attorneys may prefer not to know you are guilty.
Why Do You Need to Hire a Homicide Lawyer in Arizona?
You need to hire a homicide lawyer in Arizona because these charges are the most serious offenses you can be charged with, and you need a strong and strategic defense to protect your life and your future. A defense attorney brings you the greatest chance to potentially avoid the most severe penalties. They may even be able to help you avoid conviction. Your lawyer helps you understand the severity of the case you face and your options for the future.
Who Bears the Burden of Proof in a Homicide Case?
The prosecution bears the burden of proof in a homicide case, as with any criminal case. This is based on the requirement that an accused individual is innocent until proven guilty. The prosecution’s burden of proof for criminal cases is beyond a reasonable doubt. If the prosecution cannot meet this burden of proof, this is one option for the defense to consider.
SPEAK WITH A KNOWLEDGABLE GILBERT HOMICIDE ATTORNEY
If you are facing homicide charges, your life and liberty are on the line. We have learned through sad stories in the media that innocence does not mean you will be safe from charges. In situations in which justification or mitigation is needed, you need a committed advocate in your community who can build a vigorous defense and work toward an optimal outcome under the circumstances.
Contact a Gilbert homicide lawyer from the Grand Canyon Law Group as soon as possible. The more time a legal professional has to build a proactive defense in your case, the stronger the defense they can present on your behalf. Call today toFree Case Evaluation.
Call or text 480-400-5555 or complete a Free Case Evaluation form