Phoenix Murder Lawyer

Phoenix Murder Attorney

Facing homicide charges in Arizona is a serious matter that can come with significant consequences. If you have been accused of a violent crime such as murder, you need an experienced Phoenix murder lawyer to defend your rights and prepare a comprehensive legal strategy to protect your future.

The team at Hallam Law Group brings years of experience and dedication to defending those accused of serious crimes, ensuring a personalized defense for every client.

Types Of Homicide Crimes in Arizona

Arizona homicide charges fall into four primary categories: first-degree murder, second-degree murder, manslaughter, and negligent homicide. Each of these classifications is determined by the specific details of the incident, including the accused’s intent, criminal negligence, or reckless behaviors.

First-Degree Murder

Arizona classifies first-degree murder as the most severe homicide offense. This charge applies to intentional killings committed with premeditation. The conviction carries harsh penalties, including life imprisonment without parole or even the death penalty. In order to get a first-degree murder conviction, the prosecution must establish:

• The defendant intentionally caused the death of another person or a homicide that occurred during the perpetration of a felony, as defined by Arizona’s felony murder rule.
• The defendant acted with prior intention and deliberation, also called premeditation.
• The killing was unjustified.

Arizona’s Felony Murder Rule

Arizona’s felony murder rule differs from the common understanding of murder. Typically, a murder conviction requires proof of the defendant’s intent to kill or reckless disregard for human life. However, under Arizona law, a defendant can be charged with first-degree murder if they commit a dangerous felony that results in death, even without intending to cause harm.

The stunning part of the Felony murder rule is that a person can be charged with murder even if they were not present at the time of death, or even on the scene where the murder took place.  Felony murder laws transfer intent from the person who caused the death, by pulling the trigger or stabbing for example, onto accomplices who may be waiting in a car, or gave the primary defendant the means, opportunity, or participated in the underlying Felony.  A person can even be charged with Felony Murder in Arizona for their co-conspirator in the underlying felony being killed by the victim defending themselves.  Basically, a death caused during the commission of specific felonies can be charged as Felony Murder, as long as the Defendant intended to commit the underlying felony.

This rule applies to felonies that are inherently dangerous and have a foreseeable risk of death, including:

• Robbery
• Arson
• Kidnapping and false imprisonment
• Sexual assault and rape
• Child abuse
• Burglary
• Battery
• Domestic violence
• Some drug offenses
• Drive-by-shootings

Second-Degree Murder

Arizona law defines second-degree murder as a less severe homicide offense than first-degree murder. This charge applies to intentional killings committed without premeditation or to killings resulting from reckless disregard for human life. Second-Degree Murder in Arizona can also encompass situations where the accused intended to cause serious injury but unintentionally caused death.

Second-degree murder convictions in Arizona penalties include prison sentences ranging from 10 to 25 years. Prison sentences depend on case circumstances and if there were aggravating factors.

For the prosecution to secure a second-degree murder conviction, they must establish:

• The defendant caused the death of someone either by intentional killing or by actions demonstrating a callous indifference to human life.
• The killing was not planned.
• The killing was unjustified.

Manslaughter

Manslaughter is a homicide charge less severe than first or second-degree murder. It encompasses killings that don’t meet the criteria for those more serious charges, such as that the killings arise from sudden quarrels or acts of passion. Manslaughter is categorized into two types: voluntary and involuntary.

Voluntary manslaughter is the intentional killing of another person committed in a state of high emotions or under circumstances that would cause a reasonable person to lose self-control and act violently.

Involuntary manslaughter occurs when an individual unintentionally causes the death of another person through reckless or criminally negligent conduct.

Sentencing for manslaughter, which is a Class 2 felony, ranges from 7 to 35 years of imprisonment, depending on the circumstances of the crime and the defendant’s criminal history.

Negligent Homicide

Arizona qualifies negligent homicide as the least serious homicide offense in the state. This type of homicide is the unintentional killing of another person, including an unborn baby, resulting from the defendant’s criminally negligent behavior. For the prosecution to get a successful conviction, they must prove the defendant’s negligence was a direct cause of the victim’s death.

Listed as a Class 4 felony, negligent homicide has consequences ranging from probation to a maximum of ten years of imprisonment.

Defenses for Homicide Charges

Given how severe the gravity of murder charges is, having the support of an experienced murder attorney can help craft a tailored defense strategy for your case. An attorney understands that each case is unique, and the applicable defenses depend on the specific charges and factual circumstances. Some of the most common strategies include:

Self-Defense or Defense of Others

It can be argued that the defendant caused the person’s death under legal means, such as self-defense or defending another person. This is called a “justification” defense, and if a defense attorney argues the defendant killed the person justifiably, the prosecution must prove beyond a reasonable doubt that it was not justifiable.

Lack of Motive

While motive is not a legal requirement to prove guilt in a murder case, it can be a significant factor for a jury to consider. It can undermine the prosecution’s narrative, highlight inconsistencies, and cast reasonable doubt.

Alibi

An alibi strategy claims the defendant was not present at the scene of the crime when it occurred. This can be supported through witness testimony, surveillance footage, photos, receipts, work records, or travel itineraries. However, in Felony Murder a defendant who is not at the scene can be charged if involved in the planning or execution of the felony during which the murder occurred.

Insufficient Evidence

This defense strategy includes questioning the quality and reliability of the evidence presented by the prosecution. The core argument is that the prosecution has failed to sufficiently prove the defendant’s guilt beyond a reasonable doubt. It can be challenged that the investigation was incomplete, evidence was overlooked, or there was a lack of DNA or fingerprint evidence.

Police or Prosecutorial Misconduct

The police or prosecutorial misconduct strategy is about finding procedural misconduct during the arrest or court proceedings. It can include proving that there was a failure to preserve or produce exculpatory evidence, a coerced confession, illegal searches and seizures, or witness tampering.

Guilty Except Insane (GEI)

A person is considered guilty but insane if they are found to be insane at the time of the crime. This means they are mentally unable to understand their actions were wrong. This does not include conditions caused by substance abuse or mental illnesses, like personality disorders or impulse control problems. If drugs or alcohol are found in the defendant’s system, it may preclude a Guilty Except Insane defense.

Murder Trial Process in Arizona

The murder trial process in Arizona is complex and thorough to ensure that there is due process for the accused while seeking justice for the victim and their family. The process includes:

• Arrest: Law enforcement officers apprehend murder suspects based on probable cause.
• Initial appearance: The accused appears in front of a judge, who formally notifies them of the charges, outlines their rights, and potentially sets bail.
• Grand jury or preliminary hearing: Prosecutors may present the case to a grand jury to determine if sufficient evidence exists for indictment. Otherwise, a preliminary hearing may be held to establish probable cause for trial.
• Arraignment: The defendant can plead guilty, not guilty, or no contest to these charges. If the plea is not guilty, the trial will continue. In Arizona, the only option during the Arraignment is to plead Not Guilty.
• Pre-trial motions and discovery: Both the prosecution and defense file motions regarding evidence, witnesses, or legal issues.
• Trial: The trial will begin with opening states, then evidence presentation, witness testimony, cross-examinations, and closing arguments. After, the jury will deliberate in private.
• Verdict and sentencing: The jury will announce a guilty, not guilty, or a hung jury. If found guilty, the defendant undergoes a separate sentencing hearing where the judge uses their discretion to determine the appropriate punishment. Understanding the sentencing process and what follows a prison sentence in Arizona can help defendants and their families prepare for the next steps.
• Appeals: A convicted individual may appeal the verdict or sentence to a higher court if they believe there were legal errors during the trial.

Why You Need an Experienced Phoenix Murder Attorney

Murder defense attorneys are dedicated to defending individuals accused of homicide. They play a crucial role in ensuring fair trials, protecting the rights of the accused, and navigating the complex legal landscape surrounding these serious charges. Your defense lawyer can:

• Develop strong defense strategies tailored to your needs.
• Identify and utilize expert witness testimony to support your defense.
• Negotiate effectively with the prosecution to achieve a favorable outcome.
• Navigate a courtroom effectively and present your case persuasively to a jury and judge.

We understand how overwhelming it can be when faced with a murder charge. You do not need to face it alone. Act quickly and secure the representation that you deserve with Hallam Law Group.

FAQs About Phoenix,AZ Murder Law

What Are the Different Types of Murder Charges in Arizona?

Arizona law recognizes four primary types of homicide charges. First-degree murder is the most serious, requiring premeditation and intent to kill. Second-degree murder involves intentional killing without premeditation or reckless actions. Manslaughter is a less severe form of homicide that does not feature intent to kill. Negligent homicide is the least severe, which includes accidental killing due to criminal negligence.

How Does the “Felony Murder Rule” Work in Arizona?

Arizona’s felony murder rule states that if someone dies during the act of certain felonies, such as armed robbery, kidnapping, and arson, those involved can be charged with first-degree murder, even if they did not intend to cause the person’s death. The penalty for this conviction is life imprisonment without the possibility of parole or the death sentence.

How Long Will a Homicide Case Take to Resolve?

The length of time it takes to resolve a homicide case depends on its complexity, the number of cases pending in the court system, the time it takes to process evidence, and whether there are plea negotiations, among other variables. Most cases can take 9 months to several years to resolve.

What Is the Difference Between First-Degree and Second-Degree Murder?

The primary difference between first-degree and second-degree murder lies in the intent and premeditation involved in the crime. First-degree murder requires both premeditation and deliberation, meaning the prosecution can prove that the defendant planned the killing in advance. Second-degree murder, on the other hand, does not necessitate premeditation and typically involves an intentional killing committed in the heat of passion or with a reckless disregard for human life.

Contact the Hallam Law Group Today

A homicide charge, regardless of its classification, carries significant consequences. To ensure a strong defense, you need an attorney with experience, skill, and legal knowledge. At Hallam Law Group, we are committed to providing aggressive, compassionate and effective legal representation to protect your rights. Contact us today for a free consultation.