Homicide Defense

We Defend Those Accused of Every Type of Crime

Phoenix Homicide Attorney

Experienced Homicide Defense Law Firm in Phoenix, AZ

If you are facing charges for homicide or any other crime that resulted in the death of another person, it’s critical that you have strong representation from an experienced Phoenix homicide attorney. As a top Phoenix criminal defense lawyer, Belén Olmedo Guerra understands the many challenges and issues surrounding the preparation and defense of a homicide charge in Arizona and has the courtroom experience and skill required to stand up against the state.

Charges like these require the help of someone with a successful case history and a strong reputation for handling even the most serious and violent crimes. At the Belén Law Firm, we possess both of those things and more. Rest assured, we have what it takes to put up the strongest possible defense and secure the best possible outcome for your case.

To speak with a Phoenix homicide attorney on our team regarding your case, give us a call at (602) 715-0908 or reach out online today to schedule a free consultation. The sooner you reach out, the better, so don’t wait!

Types of Homicide Cases We Handle

As a seasoned Phoenix criminal defense lawyer, Belén and her team have years of experience successfully navigating the Arizona criminal justice system. This includes all types of criminal cases, from petty offenses and misdemeanor crimes to violent felony crimes that result in the serious injury or death of another person. This means we are prepared to defend clients against all types of homicide crimes in Arizona, including first and second-degree murder, voluntary and involuntary manslaughter, negligent homicide, and more.

First-Degree Murder in Arizona

First-degree murder in Arizona is one of the most serious crimes a person can commit. Under ARS §13-1105, first-degree murder is defined as “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.”

First-Degree Murder Examples

A person can face first-degree murder charges under several scenarios, which are defined by the intent and premeditation to kill. Here are a few examples:

Premeditated Murder: This is the most straightforward scenario of first-degree murder. It involves cases where the killer had planned the murder before it was carried out. Premeditation doesn’t require a long period of planning; even a short time to reflect on the intention to kill before committing the act can qualify as premeditation. For example, in cases of ongoing domestic violence, a perpetrator may plan and carry out the murder of their partner with premeditation, driven by a desire to exert control or end the relationship permanently.
Felony Murder: Under the felony murder rule, a person commits first-degree murder if someone dies while committing or attempting to commit certain felonies, such as sex crimes, terrorism, drug crimes, or any other felony criminal offenses that are dangerous to human life.
Assassination of a Law Enforcement Officer: Arizona law states that a person can be charged with first-degree murder if they intentionally or knowingly cause the death of a law enforcement officer who is in the line of duty, and the person knows or reasonably should know that the victim is a law enforcement officer.

Second-Degree Murder in Arizona

Arizona laws regarding second-degree murder can be found under ARS §13-1104. This statute specifies that a person commits second-degree murder if they intentionally cause the death of another person, including an unborn child, without premeditation.

Though premeditation is not an element of this crime, second-degree murder in Arizona often includes situations where the person knows that their conduct will result in death or serious physical injury but they do it anyway, and it indeed leads to the death of another individual. Second-degree murder also includes cases where the person, under circumstances manifesting extreme indifference to human life, recklessly engages in conduct that creates a grave risk of death, ultimately causing the death of another person.

Essentially, second-degree murder cases involve intentional or reckless actions leading to death but lack the premeditation required for first-degree murder.

Second-Degree Murder Examples

A few examples of second-degree murder include:

Domestic Violence: During a heated argument, an abuser strikes their partner repeatedly with excessive force, resulting in the partner’s death. The killing occurred without premeditation but with a clear disregard for human life.
Aggravated Assault: An individual engages in aggravated assault by attacking another person with a deadly weapon, such as a knife or firearm. The assault is not premeditated, but the victim dies as a result of the severe injuries inflicted.
Road Rage Incident: In a fit of road rage, a driver deliberately rams another vehicle off the road, causing a fatal accident. The killing occurred due to the driver’s reckless and dangerous conduct.

Voluntary Manslaughter Arizona

ARS §13-1103 is a statute in Arizona that defines and outlines the crime of manslaughter. Under this statute, manslaughter charges may occur when an individual recklessly causes the death of another person, commits second-degree murder in a sudden quarrel or in the heat of passion, or intentionally provides the physical means for a person to commit suicide.

Additionally, manslaughter can also occur when a person commits second-degree murder while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force on the person or a third person that a reasonable person in his situation would have been unable to resist. If someone knowingly or recklessly causes the death of an unborn child by inflicting physical injury to the mother, with the exception of certain lawful medical procedures, they may also be charged with manslaughter in Arizona.

Voluntary Manslaughter Examples

Here are some examples of voluntary manslaughter in Arizona:

Heat of Passion: A person discovers their spouse in an act of infidelity and, in a fit of uncontrollable rage, immediately kills the spouse or the third party.
Provocation: A person is provoked by a serious insult or threat, leading to an impulsive reaction where they kill the provocateur in the heat of the moment.
Assisting Suicide: An individual intentionally assists another person in committing suicide, such as providing the means or encouraging the act, which leads to the person’s death.

Involuntary Manslaughter in Arizona

Although Arizona’s Revised Statutes do not technically differentiate between voluntary and involuntary manslaughter, the circumstances surrounding the act can affect the penalties one may face. As such, involuntary manslaughter may be more closely related to negligent homicide charges in Arizona.

A person might commit involuntary manslaughter when they unintentionally cause the death of another person due to reckless or criminally negligent behavior. Rather than involve the intent to kill or cause serious harm, involuntary manslaughter charges typically arise from actions that demonstrate a disregard for such a substantial and unjustifiable risk of harm.

Involuntary Manslaughter Examples

A person might face manslaughter charges if they unintentionally caused someone’s death while engaging in reckless or negligent behavior. A few examples include:

Distracting Driving: A driver is texting while behind the wheel and loses control of the vehicle, killing an innocent pedestrian.
Improper Child Supervision: A caregiver leaves a young child unattended in a hot car, leading to the child’s death.
Negligent Handling of Firearms: A person accidentally discharges a firearm while cleaning it without checking if it’s loaded, causing the death of someone nearby.

Negligent Homicide in Arizona

The legal definition of negligent homicide in Arizona, found under ARS §13-1102, states that “a person commits negligent homicide if, with criminal negligence, the person causes the death of another person, including an unborn child.” Criminal negligence occurs when a person unknowingly does or fails to do something that puts others in substantial and unjustifiable danger.

Negligent Homicide Examples

Here are some examples of negligent homicide offenses:

Racing at High Speeds: Engaging in illegal street racing and causing a fatal accident due to reckless driving.
Waiting Too Long to Call 911: Failing to promptly call emergency services during a medical emergency, resulting in the individual’s death.
Hunting Accidents: Accidentally shooting and killing someone while hunting due to failure to follow proper safety protocols.

Vehicular Manslaughter in Arizona

Vehicular manslaughter in Arizona, also referred to as vehicular homicide, is another serious offense that involves causing the death of another person through reckless or negligent driving behavior. Vehicular manslaughter is distinguished from other vehicular crimes by the unintentional yet fatal outcome of the driver’s actions.

Vehicular Manslaughter Examples

Driving Under the Influence (DUI): A driver under the influence of alcohol or drugs causes a fatal motor vehicle accident by losing control of the vehicle and crashing into another car or pedestrian.
Distracted Driving: A driver texting or using a smartphone fails to notice a pedestrian crossing the street and hits them, resulting in a fatality.
Excessive Speeding: A driver significantly exceeds the speed limit, loses control of the vehicle, and causes a collision that results in someone’s death.

Can You Get the Death Penalty for Homicide in Arizona?

Yes, you can receive the death penalty for homicide in Arizona, but only in cases of first-degree murder. If the prosecution proves beyond a reasonable doubt that the homicide meets the criteria for first-degree murder, including premeditated or felony murder, the death penalty can be sought.

For a homicide conviction to result in the death penalty, the case must include specific aggravating factors that justify such a severe punishment. Given the high stakes, it is important to have an experienced criminal defense attorney by your side. In a first-degree murder case, an experienced Phoenix criminal defense attorney like Belén Olmedo Guerra will work tirelessly to ensure that your rights are protected and will challenge the prosecution’s evidence in pursuit of a fair jury trial.

When the state seeks the death penalty and your life is on the line, Belén has the skill and courage to stand between you and the state. She will leave no stone unturned to defend and protect your life.

Penalties for Homicide Charges in Arizona

First-Degree Murder: First-degree murder in Arizona is a Class 1 felony punishable by life imprisonment, natural life imprisonment, or the death penalty.
Second-Degree Murder: Second-degree murder is also a Class 1 felony in AZ. This murder conviction is punishable by a presumptive term of 16 years, a maximum of 25 years, and a minimum of 10 years in prison.
Manslaughter: Manslaughter is a Class 2 felony in Arizona, which means a conviction may result in a prison sentence between 7 to 21 years for a first offense. It’s important to remember that with this criminal offense and all other homicide charges, historical priors or dangerous repetitive offenses will drastically increase the sentencing.
Negligent Homicide: Negligent homicide is a Class 4 felony with penalties ranging from 1 to 3.75 years in prison and up to $150,000 in fines for a first offense.

Defenses Against Homicide Charges in Arizona

In Arizona, defending against homicide charges often involves several strategic approaches, but ultimately depends on the specifics of the criminal case. For example, an Arizona criminal defense attorney may employ an affirmative defense, such as self-defense or insanity, to invalidate the elements of the crime. In cases where the homicide occurred as a result of driving under the influence, a DUI defense might be used to challenge the evidence or circumstances of the case. An experienced attorney can also argue that the State’s evidence is insufficient to convict or present mitigating factors that support a lesser charge.

The defense strategy employed in your case will be unique to all others and requires careful research, investigation, and preparation from an experienced attorney. Fortunately, Belén is known for providing aggressive defense representation for all of her clients throughout Phoenix and the surrounding communities. She has successfully handled a number of high-profile cases and has what it takes to handle yours, too.

Why You Need a Phoenix Criminal Defense Lawyer for Your Homicide Charges

At Belén Law Firm, a renowned criminal defense law firm in Phoenix, we are committed to providing aggressive and effective legal representation for individuals facing murder charges and other serious criminal cases in Arizona. Our experienced Phoenix homicide attorneys have a deep understanding of Arizona’s criminal justice system, and we know how to handle the challenges of defending against these violent crimes.

With every case we take, we closely scrutinize every piece of evidence the prosecution intends to use in a criminal trial against our clients. Armed with a thorough understanding of each case, our criminal attorneys drive the case toward the best possible outcome, whether that is convincing the state of Arizona to dismiss or reduce the charges or executing a successful defense at trial.

Our firm understands the serious nature of these charges and the potential consequences our clients face. That’s why we work tirelessly to build a strong defense on their behalf, utilizing all available resources to protect their rights and secure the best possible outcome. If you or a loved one is facing a homicide charge, our dedicated legal team is here to provide the skilled representation you need.

Public Defender vs. Private Attorney for Arizona Homicide Charges

Individuals facing homicide charges in Arizona must choose between representation by a public defender or a private attorney for their criminal defense case. This choice is crucial in shaping the course of a homicide defense, impacting the potential outcomes and the overall management of the case.

Belén Olmedo Guerra, an experienced Phoenix homicide lawyer, offers a level of attention and dedicated resources that public defenders might not be able to match due to their typically high caseloads. Private attorneys like Belén can offer more personalized and thorough representation, leveraging more resources and dedicating ample time to the defense strategy.

Call The Phoenix Criminal Defense Attorneys at Belén Law Firm Today for a Free Consultation

If you are facing criminal charges for homicide in or around Phoenix, AZ, you NEED the aggressive representation of a criminal defense lawyer like Belén Olmedo Guerra. Contact a Phoenix murder defense attorney at Belén Law Firm today to discuss your homicide case. Our criminal law firm offers free case evaluations and is available 24/7. You can reach us at (602) 715-0908 or by completing our online intake form today.

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What Our Clients Say

"We first hired Belen and her highly esteemed team of expert litigators. For her integrity and professionalism, but during the course of our representation, we gained a degree of personal trust and reliance far exceeding our expectations. Belen demonstrated an amazing level of genuine care and compassion and an implicit desire to keep us informed and knowledgeable of each step in the process. She is a diligent and hard worker and leaves no stone unturned. Our representation was nothing short of brilliant, creative and successful! She is without a doubt the Lady I want in my corner. I would HIGHLY recommend her to anyone interested in winning their case with the least amount of headaches throughout the process."

"Belén is hands down the BEST defense attorney out there. She has the heart, compassion, determination, backbone and most of all, the desire to help her clients. Belén’s expertise and experience helped mitigate our case to receive a reduced sentence. She spent thousands of hours over the year and a half she represented our family to challenge the prosecution at every corner and on every angle. She went above what most attorneys do by hiring her own experts and investigators to ensure she went to battle fully loaded. Due to her dedication, determination and commitment, my family felt extremely satisfied and confident that she obtained the best outcome with a reduced sentence. Belén is a stand up human being who, not only represented our family, but became family. If you want the best defense attorney, Belen is your choice!"

"At a time where we felt helpless and, quite frankly traumatized, Belen stepped in and reassured us that we had options and assured us she would work her hardest for a satisfactory resolution. My teenage son needed defense against law enforcement and my family needed legal advice and support in the worst way. Despite being beaten black and blue by police officers that said he was resisting arrest, they also charged him with two felonies. We were all at a loss and Belen was able to keep us grounded as we went through the process explaining every step along the way. She worked extremely hard to expose the truth about the officer involved, and because of her hard work, the felonies were dropped. My son can go on with his life without having his record and character tarnished by these unjust accusations."

"Hire this one! I spoke to several firms before using Belen. Every other firm connected me to a sales person who refused to allow me to speak with an attorney. Belen was put on the phone when I called at 7pm on a Saturday. Belen cared about my son. He had a warrant for his arrest and did not know until he was pulled over and hauled off to jail. Belen went to the jail on Saturday, stood with my son in jail in front of the jailhouse court judge and told that judge how it was. My son walked out 2 hours later without paying for bail. The following week, she called the prosecutor and was able to get the plea reinstated from years prior that resulted in the case being fully dismissed. Also, her fees for everything were lower than the other attorneys who were trying to get me to pay over the phone. I highly recommend Belen!"