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Criminal Defense

Manslaughter

Homicide Attorney

Homicide Attorneys: We Handle Cases Statewide

Our firm has successfully represented many people charged with homicide offenses. The most important concept to keep in mind is that homicide charges carry an enormous range of penalties. Prosecutors have tremendous discretion to seek shorter prison sentences, life in prison or even the death penalty.

Due to the serious nature of this crime, we ask you to contact a homicide attorney immediately if you believe that you need representation. Please keep in mind that 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 that you want to speak with an attorney, the police must stop questioning you and give you a reasonable opportunity to call 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 homicide of any kind contact an attorney immediately.

What is Manslaughter?

Manslaughter is recklessly causing the death of another.

Manslaughter is 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 the State must prove:

There are four elements the State must prove to convict a person of manslaughter:

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

The State has to prove that the person they have accused of manslaughter is the person who is actually responsible for another’s death. 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 usually charged when one person kills another while doing something dangerous, but that person 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 a class 2 felony.

Other homicide offenses:

Negligent Homicide:

Negligent homicide is charged when someone unintentionally causes the death of another through negligence. Negligent homicide is similar to manslaughter in that the person accused of the crime didn’t intend to kill anyone. 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 Use of a Vehicle:

Causing death by use of a vehicle is usually charged when a person causes an accident that results in the death of another, and that person’s license had been suspended or revoked. It is very similar to a negligent homicide. The difference 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 the intentional killing of another person. It is the most serious crime a person can be accused of in 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.

OffenseStatutePenalty
Negligent HomicideA.R.S. § 13-1102Class 4 Felony
Causing Death by VehicleA.R.S. § 28-675Class 4 Felony
ManslaughterA.R.S. § 13-1103Class 2 Felony
Second Degree MurderA.R.S. § 13-1104Class 2 Felony
First Degree MurderA.R.S. § 13-1105Class 1 Felony

 

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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