If you are arrested and/or charged with one of the following please contact us as soon as possible as you will need a skilled and experienced criminal defense attorney to defend your rights. Ms. Castillo is a Certified Criminal Law Specialist whom has successfully defended countless people accused violent crimes. Our Managing Attorney Jonathan Goebel is a former Deputy County Attorney whom prosecuted Violent Crimes for the Maricopa County Attorney’s Office. His inside knowledge can be the key to success in your case. A conviction for any of these homicide related offenses can result in incarceration for many years or even life in prison and, in the case of First Degree Murder, even the death penalty. If you or a family member is charged with one of the following please contact us immediately as an experienced attorney like ours can literally save your or your family member’s life.
Negligent homicide (ARS § 1102):
A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
Negligent homicide is a class 4 felony. For first time offenders it is punishable by a prison term of up to 3.75 years. With the help of a skilled attorney like ours probation is a possibility.
Manslaughter (ARS § 1103):
- A person commits manslaughter by:
- Recklessly causing the death of another person; or
- Committing second degree murder as prescribed in section 13-1104, subsection A (see below) upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
- Intentionally providing the physical means that another person uses to commit suicide, with the knowledge that the person intends to commit suicide; or
- Committing second degree murder as prescribed in section 13-1104, subsection A, paragraph 3 (see below), 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
- Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
Manslaughter is a class 2 felony. For first time offenders it is punishable by a prison sentence of 3 to 12.5 years. While probation is available, it will take the help of a skilled attorney like ours to get it. If a deadly weapon was used in the commission of the Manslaughter if the person is convicted they face 7 to 21 years in prison.
Second Degree Murder (ARS § 1104):
A person commits second degree murder if without premeditation:
- The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
- Knowing that the person’s conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
- Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
- The person was the unborn child’s mother.
- Second degree murder is a class 1 felony and is punishable as follows (Probation is not available):
Second Degree Murder Sentencing Range:
|SPECIFIC CIRCUMSTANCES OF THE DEFENDANT’S CASE||MINIMUM YEARS IN PRISON||PRESUMPTIVE TERM OF YEARS IN PRISON||MAXIMUM YEARS IN PRISON|
|If the victim was less than 15 years of age.||13||20||27 or Life in prison|
|If the Defendant has prior convictions for 2ND Degree Murder or an Offense Involving Deadly Weapon or Dangerous Instrument or the Intentional or Knowing Infliction of Serious Physical Injury||15||20||25|
|If the Defendant has prior convictions for two or more serious, violent, or aggravated felonies||NA||Life||NA|
First Degree Murder (ARS § 13-1105):
A person commits first degree murder if:
- Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
- This part of the Statute is called “Felony Murder” where during the commission of one of the following felonies someone dies (if you have an accomplice who actually causes the death of a person you will still be charged with First Degree Murder, ie: if you are the get-a-way driver and the other person shoots a clerk in a robbery, you will also be charged with First Degree Murder). It does not matter if you intended to kill anyone or not, just that you intended to commit one of the following felonies:
- commits or attempts to commit sexual conduct with a minor under section 13-1405,
- sexual assault under section 13-1406,
- molestation of a child under section 13-1410,
- terrorism under section 13-2308.01,
- drug sales felonies,
- kidnapping under section 13-1304,
- burglary under section 13-1506, 13-1507 or 13-1508,
- arson under section 13-1703 or 13-1704,
- robbery under section 13-1902, 13-1903 or 13-1904,
- escape under section 13-2503 or 13-2504,
- child abuse under section 13-3623, subsection A, paragraph 1, or
- unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
- Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
First degree murder is a class 1 felony and is punishable by death or life imprisonment.
With such high stakes it is imperative that if you or your family member is arrested or already charged with First or Second Degree Murder that you contact us as soon as possible so we can start working on your or your family members defense.