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Criminal Defense

Manslaughter

HOMICIDE ATTORNEYS: WE HANDLE CASES STATEWIDE

Here at Alcock and Associates, our dedicated team of attorneys has successfully represented many people charged with homicide offenses. The most important concept to keep in mind when dealing with a homicide case is that homicide charges carry a various range of penalties. Prosecutors have a substantial amount of discretion to seek shorter prison sentences, life in prison or even the death penalty.

Because of the fact that these crimes are of serious nature, we ask you to contact a homicide attorney right away if you believe that you are in need of legal representation. Please keep in mind that in the United States you have the right to speak with an attorney at any time and you do not need to answer any questions that may incriminate you.

By stating and declaring that you want to speak with an attorney, the police must stop questioning you and give you a reasonable opportunity to contact a lawyer.

If you or a loved one are facing homicide charges, please contact us to set up a confidential consultation.

If you have been accused of a homicide of any kind, contact an attorney right away.

WHAT IS MANSLAUGHTER?

Manslaughter is recklessly causing the death of another.

Below we have provided the manslaughter statute as defined by A.R.S. § 13-1103:

  1. A person commits manslaughter by:
  2. Recklessly causing the death of another person; or
  3. Committing second degree murder as prescribed in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
  4. Intentionally providing the physical means that another person uses to commit suicide, with the knowledge that the person intends to commit suicide; or
  5. Committing second degree murder as prescribed in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or
  6. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

WHAT MUST THE STATE PROVE?

There are four elements or factors that the State must prove in order to convict an individual of manslaughter:

1) The person accused of manslaughter did; 2) recklessly; 3) cause; 4) the death of another person.

The State or the prosecution must prove that the defendant they have accused of manslaughter is the person who is actually responsible for the death of another. That means a prosecutor will have to prove that a person was doing something likely to seriously injure or kill another, and someone actually died as a result.

WHAT DOES IT MEAN?

Manslaughter is commonly charged when one person kills another while doing something dangerous, but that individual didn’t intend to kill the other person. Manslaughter is often charged as a result of some kind of reckless driving like excessive speed, racing, or DUI. Manslaughter may also be charged.

PENALTIES:

Manslaughter is considered a class 2 felony.

Other homicide offenses:

Negligent Homicide:

Negligent homicide is charged whenever an individual unintentionally causes the death of another through negligence. Negligent homicide is similar to manslaughter in that the individual accused of the crime didn’t intend on killing another person. What makes this crime different is that a person accused of negligent homicide isn’t accused of doing something categorically dangerous. Instead, someone charged with this offense is being accused of not being as careful as they should be in the situation they were in. Negligent homicide might be charged if someone caused an accident while driving and talking on their phone, or if a child dies as a result of something a parent should have prevented.

Negligent Homicide is a class 4 felony.

CAUSING DEATH BY THE USE OF A VEHICLE:

Causing death by the use of a vehicle is usually charged when an individual causes an accident that results in the death of another person, and that person’s license had been suspended or revoked. It is very similar to negligent homicide. The difference between the two is that the prosecutor does not need to prove that the person accused of the crime was behaving negligently. Instead, the prosecutor only needs to prove that the person who caused the accident was not allowed to be driving a car at the time the accident occurred.

FIRST AND SECOND DEGREE MURDER:

Murder is considered the intentional killing of another individual. It is the most serious crime a person can be accused of in the state of Arizona. If you have been accused of murder, contact an attorney immediately.

PENALTIES:

Second degree murder is a class 2 felony. First degree murder is a class 1 felony.

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We are dedicated to helping YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004