Negligent Homicide Attorney Phoenix
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Phoenix Negligent Homicide Defense Attorney
Experienced Phoenix, AZ Negligent Homicide Defense Lawyer – Available 24/7
If you’ve been charged with negligent homicide in Arizona, the consequences can be life-altering. A negligent homicide charge means that your freedom, reputation, and future are at serious risk. Navigating this type of legal battle requires an experienced and strategic defense. At the Bufete de abogadas Belén, our team of skilled Phoenix homicide attorneys understands the severity of negligent homicide offenses and the impact a negligent homicide conviction can have on your life. That’s why we are dedicated to crafting a tailored criminal defense strategy that fits the unique details of your case, ensuring that you receive the strongest possible representation.
A conviction for negligent homicide can carry harsh penalties, including prison time, hefty fines, and a permanent criminal record, making it all the more important that you act quickly by equipping the help of an experienced criminal attorney in Phoenix, AZ. Belen and her team have extensive experience handling homicide offenses and are committed to protecting your rights throughout every stage of the legal process. From thorough investigations to aggressive defense tactics, we leave no stone unturned in our pursuit of justice for you.
If you are facing these serious charges, don’t wait. Contact a Abogado defensor de homicidios en Phoenix at the Belen Law Firm today at (602) 715-0908 to schedule your free consultation and begin building your defense with our trusted legal team.
¿Qué es el homicidio negligente?
In Arizona, a person commits Homicidio negligente by causing the death of another person through criminal negligence. This charge differs from intentional killing, as it does not involve a deliberate act to cause harm. Instead, it arises from a situation where the individual’s careless or reckless behavior leads to the death of another person, even though there was no intent to kill. For example, a person who fails to follow basic safety precautions while driving or handling a dangerous object could face a negligent homicide charge if their actions result in a fatal accident.
Although the death occurred unintentionally, negligent homicide is still a serious criminal offense because it still involves the loss of life due to reckless conduct. As a result, this charge carries significant penalties, including potential prison time and fines, making it crucial to understand the legal ramifications of such an accusation.
ARS 13-1102
The legal definition of negligent homicide in Arizona can be found under ARS 13-1102. It states that a person commits the offense of negligent homicide if he or she causes the death of another person, including an unborn child, with criminal negligence.
This means that to be charged with negligent homicide, the killing of another person must not have been done on purpose. It is essentially due to some kind of tragic accident wherein one becomes criminally liable. (However, accidents that result in the death of another person are not always criminal.)
¿Qué es la negligencia criminal en Arizona?
In order to fully understand the crime of negligent homicide, it’s important to have a better understanding of what exactly constitutes criminal negligence. $ 13-105 provides the definition of criminal negligence in Arizona.
Under this statute, an act of criminal negligence means “that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”
In other words, criminal negligence occurs when a person fails to recognize that the act they are committing poses a significant risk of serious physical injury or death to another person. So, while the individual did not intend to cause serious harm or death, a reasonable person would not have taken these actions because they would have been aware they posed a danger to others.
Ejemplos de homicidio por negligencia
One of the most common examples of negligent homicide is homicidio vehicular, sometimes also referred to as vehicular manslaughter. Vehicular homicide occurs when a driver, typically impaired by drugs or alcohol, causes a fatal accident. It can also result from a hit-and-run accident, where the driver flees the scene after a crash that leads to someone’s death. Other factors, such as racing, driving at extreme speeds, or reckless driving, can further contribute to these vehicular crimes in Arizona.
Of course, negligent homicide in Arizona isn’t always limited to a type of motor vehicle accident. Other accidents caused by reckless or negligent behavior that result in death may also lead to negligent homicide charges. Examples include:
- Recklessly handling a loaded gun, causing a fatal hunting accident
- Locking a child in a hot car
- Leaving a car running in a garage
- Failing to control a fire that leads to the death of a firefighter or another person
- Waiting too long to contact 911 in a life-threatening situation
- An inattentive babysitter failing to act responsibly
Arizona law also extends negligent homicide charges to cases where the death of an unborn child occurs at any stage of development, unless the person involved was performing a legal abortion or medical treatment to the woman or the unborn child. Whether involving vehicular crimes or other reckless actions, negligent homicide remains a serious criminal offense with significant legal consequences.
Negligent Homicide vs Second-Degree Murder
The primary difference between Homicidio negligente y second degree murder lies in the intent and circumstances surrounding the death of another person. Negligent homicide occurs when a person causes the death of another through criminal negligence, meaning the individual’s actions were taken without reasonable caution, but there was no intent to kill. In contrast, second degree murder in Arizona involves the unlawful killing of another person without premeditation, but with circumstances manifesting extreme indifference to human life.
Second degree murder, defined under ARS 13-1104, can occur when someone uses unlawful deadly physical force knowing that their actions could cause death, or when the person kills in the heat of passion due to adequate provocation. Second degree murder charges may also apply when the death of another person results from actions intended to harm a third person.
Unlike negligent homicide, which typically stems from careless behavior, second degree murder is considered a more serious offense due to the deliberate disregard for human life.
Homicidio negligente vs homicidio involuntario
Criminally negligent homicide y homicidio involuntario share some similarities, but the key distinction between them lies in the level of mental culpability required. When a person commits manslaughter, they demonstrate “recklessness,” meaning they are aware of the substantial risk their actions pose to human life but proceed anyway.
On the other hand, criminally negligent homicide in Arizona, formerly classified as involuntary manslaughter, occurs when the person fails to recognize the risk entirely, acting with criminal negligence rather than intentional recklessness. As a result, the penalty for negligent homicide is typically less severe than the penalty for a manslaughter charge in Arizona, due to the lower level of awareness involved.
More specifically, manslaughter charges (as defined by ARS 13-1103) may result from reckless behavior that leads to the death of another person, such as causing an unborn child’s death, assisting someone in an attempt to commit suicide, or acting with disregard for human life in a situation that results in a fatality.
In summary, the key difference is that with negligent homicide, the individual is unaware of the risks their actions create, while manslaughter involves a conscious decision to act despite understanding those risks. Whether facing a criminally negligent homicide or manslaughter charge, both offenses are serious, but the degree of responsibility and awareness of the danger differentiates the two.
¿Es el homicidio negligente un delito mayor?
Yes, for a first offense, negligent homicide is considered a Delito grave de clase 4 en Arizona. While misdemeanor convictions can result in fines and jail time, felony convictions often result in extended stays in prison as well as the loss of certain civil liberties, such as the right to vote and carry a firearm.
In some cases, the prosecution may attempt to charge you with an even more serious crime, such as manslaughter or second-degree murder, which can carry even harsher penalties. Let’s look at the example of a child left in a hot car: if the prosecution proves that the parent knew they were leaving the child in the car while going to work, they might be charged with manslaughter. However, a parent who forgot the child was still in the car did not realize they were abandoning the child and would be charged with negligent homicide as a result. Whether the parent is charged with manslaughter or negligent homicide is largely determined by the type of evidence available to establish that the parent was aware of the situation.
Arizona Felony Murder Rule
In some cases, a negligent homicide charge can even be elevated to the most serious crime under Arizona law: asesinato en primer grado. Arizona’s felony murder rule allows a lesser homicide charge to be elevated to that of first-degree murder if the killing occurred during the commission of certain serious felonies. Under this rule, an individual can face a first-degree murder conviction even if they did not intend to kill or premeditate the act. For example, if someone is involved in a robo, roboo secuestro and a death results from their actions—whether they caused it directly or not—they can be charged with first degree murder in Arizona under the felony murder rule.
This rule applies even if the death was unintentional or accidental, as long as the killing occurred during the commission of the felony. A conviction under the felony murder rule carries the same severe penalties as premeditated murder, including life imprisonment or even the death penalty in certain cases. The law holds participants in the felony accountable for any loss of life that occurs during their criminal activities, significantly elevating the consequences of their actions.
Arizona Negligent Homicide Sentence
Si no tiene antecedentes penales y no utilizó un arma mortal o un instrumento peligroso para cometer el delito, entonces la sentencia por un delito grave no peligroso de clase 4 por homicidio negligente en Arizona puede implicar:
- Probation, with anywhere from 0 days in jail to 12 months in jail; or
- Mínimo 1 año de prisión y hasta un máximo de 3,75 años de prisión.
- Circunstancias agravantes, como antecedentes penales o delitos más graves, pueden resultar en una pena de cárcel de hasta 16 años.
Si lo acusan de homicidio negligente en Arizona como Delito grave peligroso de clase 4, lo que significa que utilizó un arma mortal (arma de fuego, cuchillo, etc.) o un instrumento peligroso (automóvil, bate de béisbol, etc.), puede enfrentar las siguientes sanciones:
- Un mínimo de 4 años de prisión y un máximo de 8 años de prisión.
Note that the prison sentence will likely increase if you have prior criminal convictions. You will also be labeled as a felon in public records in addition to the punishments outlined above. This can make it difficult to find or keep work even after you’ve served your term and repaid your debt to society, making it even more essential to quickly reach out to a negligent homicide attorney. Phoenix residents and those in the surrounding Central AZ area can trust the experienced criminal defense team at Belen Law Firm to help minimize or even avoid these penalties altogether. Call today!
Estatuto de limitaciones para delitos graves de clase 4
In Arizona, most crimes have a statute of limitations, which is a period of time during which the state must file charges against the defendant or lose its right to do so. The statute of limitations for Class 4 offenses is seven years. Note, however, that only when the defendant is physically present in Arizona does the statute of limitations apply. Because being out of state “stops the clock,” the time spent away from Arizona does not count against the 7-year statute of limitations.
How an Experienced Arizona Criminal Defense Attorney Can Help Fight Your Charges
Frente a Cargos de homicidio por negligencia en Arizona can be overwhelming, but having an experienced criminal defense attorney like Belen on your side can make all the difference in your case. As a skilled Phoenix homicide attorney, Belén Olmedo Guerra understands the ins and outs of the criminal justice system and has extensive experience handling serious homicide cases, from negligent homicide to manslaughter to even first-degree murder charges. By tailoring your defense strategy based on the specifics of your circumstances, Belen works to challenge the evidence, identify weaknesses in the prosecution’s case, and advocate for reduced charges, dismissals, or a not-guilty verdict.
Whether it’s negotiating with prosecutors or taking your case to trial, Belen and her legal team are dedicated to protecting your rights and fighting for the best possible outcome. If you are facing negligent homicide charges in Arizona, call a seasoned Phoenix homicide defense attorney at Belen Law Firm today to help you navigate the legal process and aggressively defend your rights and freedom.
Call the Belen Law Firm for a Free Consultation With a Phoenix Negligent Homicide Lawyer
Homicide crimes of any kind are serious criminal charges that demand an aggressive defense. That’s why, if you’re facing negligent homicide charges in Arizona, it’s crucial to seek legal representation immediately.
With years of experience handling complex homicide cases, our Abogados de defensa criminal de Phoenix at the Belen Law Firm understand the high-stakes nature of your charges and are fully committed to protecting your rights at every step of the legal process. We offer free case evaluations to assess your situation and determine the best course of action for your defense. Available 24/7, we ensure you have access to legal support when you need it most.
Time is of the essence in these cases, so don’t wait – contact an experienced Phoenix homicide lawyer at Belen Law Firm today to discuss your negligent homicide charges and begin building a strong defense. You can reach us at (602) 715-0908 or complete our online intake form to schedule your free consultation hoy.
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