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Phoenix Vehicular Homicide Lawyer

Experienced Criminal Defense for Vehicular Homicide in Phoenix, AZ

When facing charges as serious as vehicular homicide, you should never underestimate the importance of having an experienced attorney by your side. At Belén Law Firm, we are committed to defending the rights and future of those accused of vehicular homicide in Phoenix, AZ and the surrounding areas.

Our team meticulously examines every detail of the case, from the events leading up to the incident to the forensic evidence, to build a strong defense. Whether the charges stem from an unfortunate accident or allegations of reckless behavior, we are dedicated to achieving the best possible outcome for each unique case.

Trust Phoenix vehicular homicide lawyer Belén Olmedo Guerra and her experienced legal team to provide personalized attention and aggressive defense for you or your loved one facing these serious criminal charges. For 24/7 criminal defense in Phoenix and the nearby areas, contact the Belén Law Firm today at (602) 715-0908 or send us a message to get in touch.

What is Vehicular Homicide?

Homicide involves the unlawful death of one person at the hands of another. There are multiple different types of homicide charges that a person may receive depending on the facts of their case, one of which is vehicular homicide. Vehicular homicide refers to the unlawful killing of a person due to the reckless or negligent operation of a motor vehicle. This can include circumstances such as driving under the influence, aggressive driving, or other forms of negligent behavior behind the wheel.

In Arizona, vehicular homicide will typically fall under one of three charges: negligent homicide, second-degree murder, or manslaughter.

Negligent Homicide

Under Arizona Statutes § 13-1102, “a person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.”

A motorist may be charged with negligent homicide if they were driving in a criminally negligent manner when they caused the death of another person. Criminal negligence occurs when a person unknowingly does or fails to do something that puts others at a substantial and unjustifiable risk of danger. In other words, the motorist in question is not aware of the danger they are placing on others.

Negligent homicide is considered a Class 4 felony in Arizona. Penalties could include anywhere from one year to up to three years and nine months in prison and even up to $150,000 in fines. If you’re facing these charges, it’s crucial that you get a Phoenix negligent homicide attorney on your side ASAP.

Second-Degree Murder

Arizona law (ARS § 13-1104) provides three different definitions of second-degree murder, one of which includes the following:

“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.”

As such, a motorist may face second-degree murder charges if it can proven that the fatal accident was a result of an extreme indifference and blatant reckless disregard for other’s safety. Second-degree murder is considered a Class 1 felony in Arizona, which means much harsher penalties for those convicted.

Penalties could include anywhere from ten years to up to 25 years in prison and $150,000 in fines. However, if the person whose death the defendant caused was under 12 years old, the defendant could potentially face life in prison. For any driving-related homicide, a blood alcohol content of 0.15% or higher at the scene can lead to receiving a sentence on the upper end of the spectrum. Trust us – you don’t want to face these charges alone. Call a second-degree murder attorney at Belén today.

Manslaughter

Another charge that may result from vehicular homicide is manslaughter. The crime of manslaughter can be found under Arizona Statutes § 13-1103, which also provides multiple definitions. This includes:

Recklessly causing the death of another person.
Causing the death of another person during a sudden quarrel or heat of passion moment.
Intentionally and knowingly providing the means for another person to commit suicide.
Killing someone under coercion or threat by the use or threatened use of unlawful deadly physical force that a reasonable person should have been able to resist.
Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

What is Vehicular Manslaughter?

When a person causes a car accident by acting in a reckless manner and that accident results in the death of another person, they may face criminal charges of vehicular manslaughter. Examples of such reckless behavior include DUI, excessive speeding, unlawful flight from law enforcement, and engaging in aggressive driving tactics.

In Arizona, vehicular manslaughter is a serious offense, and the potential penalties are just as serious. If you or someone you love is facing these charges, call an experienced Phoenix manslaughter lawyer on our team as soon as possible to get straight to work on your defense.

Vehicular Manslaughter vs. Vehicular Homicide Charges

The terms “vehicular manslaughter” and “vehicular homicide” are often used interchangeably, but they have their own legal definitions and implications. In Arizona, vehicular manslaughter charges might occur if a motorist acted recklessly and their reckless driving was the direct result of the death of another person. Driving recklessly requires that the motorist does or fails to do something that puts others in danger and they are aware that their conduct creates this danger but do it anyway.

A vehicular homicide charge generally refers to any unlawful killing of a person resulting from the use of a motor vehicle, which can include a broader range of actions, including both reckless and negligent driving behaviors. In both cases, the person knowingly engaged in actions that led to fatal consequences.

Vehicular Manslaughter Sentence Arizona

In Arizona, the criminal sentence for vehicular manslaughter, classified as a Class 2 felony, can vary based on the circumstances and any prior criminal history of the defendant. Under Arizona’s felony sentencing chart, the prison time a person may be facing for a first non-dangerous offense with no historical priors may be anywhere from 3 to 12 and a half years. If aggravating factors are present, such as a prior felony conviction or particularly reckless behavior, the sentence can be on the higher end of this range.

If the crime is classified as a dangerous offense, however, you may be looking at anywhere from 7 to 21 years of imprisonment.

Additionally, the defendant may face fines, restitution, and the loss of driving privileges. Each case is unique, and the actual sentence will depend on the specific details and circumstances involved.

How To Fight a Vehicular Homicide Conviction

Fighting a vehicular homicide conviction requires a strategic and thorough defense approach, especially with the high stakes involved. It starts by scrutinizing every aspect of the case to identify weaknesses in the state’s evidence. Key defense strategies might include challenging the accuracy of blood alcohol concentration tests, disputing allegations of reckless behavior, or demonstrating that your actions did not constitute a gross deviation from reasonable care.

It’s important to cast reasonable doubt on the evidence they have of the alleged incident to hopefully secure reduced, dropped, or dismissed criminal charges. To do this, you’ll need legal representation from an experienced Phoenix vehicular homicide attorney like Belén.

The Importance of Hiring a Skilled Phoenix Vehicular Homicide Attorney

Vehicular crimes of any kind often carry severe, far-reaching penalties. That is why having an experienced legal team by your side is crucial in mounting an effective defense. A knowledgeable lawyer in Phoenix understands how vehicular homicide cases typically play out when it comes to local laws and courtroom procedures. They also ensure that your rights are protected throughout the legal process while thoroughly investigating the circumstances, challenging the evidence provided by the prosecution, and developing a custom defense strategy to reduce or dismiss the charges against you.

At Belén Law Firm, we believe that vehicular homicide cases come down to evidence, not allegations. With this in mind, we meticulously analyze evidence to identify issues and formulate a customized criminal defense plan in each case. We also believe that every case deserves high-stakes treatment, and all of our clients like high-profile cases.

Rest assured, when you’re facing vehicular manslaughter or homicide charges, Belén Olmedo Guerra will fight for your rights and help you find your way through the disorienting court system, driving your case toward the best possible outcome for you. Schedule a free consultation by calling our Phoenix criminal defense law firm today.

Facing Vehicular Manslaughter Charges in Phoenix? Call Belén Law Firm Today For a Free Consultation

If you or someone close to you has been charged with vehicular manslaughter/homicide in Phoenix or throughout Maricopa County and the surrounding central AZ areas, you know who to call. Attorney Belén has a stellar reputation among both clients and her peers, proving the dedication and skill of her and her legal team.

To discuss your vehicular homicide charges with an experienced criminal defense attorney on our team, contact the Belén Law Firm today. We offer free case evaluations and are available 24/7. You can reach us at (602) 715-0908 or send us a message online.

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