Were you charged with homicide? If so, you need to hire an experienced Tucson homicide lawyer to defend you. Contact Katsarelis Law Criminal Defense Attorneys at (520) 510-0439 to schedule a free consultation today.
Homicide is one of the most serious criminal charges that you can face in Tucson, AZ, leading to substantial time in prison and hefty fines. Our team has over 45 years of combined experience. We defend people charged with homicide. Our attorneys will vigorously fight against the charges to protect your rights.
How Katsarelis Law Criminal Defense Attorneys Can Help If You’re Arrested for Homicide
If you were arrested for homicide in Tucson, Arizona, you need to immediately seek legal counsel. Unlike other criminal charges, homicide is taken very seriously. There is no doubt that the prosecution is working quickly to gather evidence and send you to prison.
Katsarelis Law Criminal Defense Attorneys will work around the clock to get you out of jail. We will stand up for you in the courtroom regardless of what the prosecution throws at you. If you hire our Tucson homicide lawyers to represent you, we will:
- File a bond motion
- Explain the charges and penalties
- Investigate the case
- Identify the strongest defenses
- Review the prosecutor’s evidence
- File and argue pretrial motions
- Communicate with the prosecutor
- Negotiate for a favorable plea deal or to avoid the death penalty
- Prepare for and represent you at trial
- Argue for a lesser sentence if you are convicted
Many lawyers will offer to take your homicide case, but they don’t have the credentials to back up their work. Now is not the time to take a risk with a less experienced lawyer. Call our office today to schedule a free consultation with a Tucson criminal defense attorney.
Overview of Homicide in Arizona
Homicide is the killing of one person by another person. In Arizona, there are four different types of homicide:
- First-degree murder
- Second-degree murder
- Manslaughter
- Negligent homicide
Each type of homicide has different proof requirements and penalties. However, any homicide charge should be taken incredibly seriously.
First Degree Murder
First-degree murder is also called premeditated murder. A person is guilty of first-degree murder if they intentionally or knowingly cause another’s death with premeditation.
First-degree murder also includes killing someone in the course of committing serious felonies, including sexual assault, terrorism, certain drug offenses, and robbery. This is sometimes called felony murder.
When it comes to first-degree murder, premeditation is a tricky concept. Many people assume that the prosecution needs to prove that you planned the murder days or weeks in advance. Legally speaking, premeditation only requires time to reflect before committing the murder. This time could be as short as minutes or even seconds.
The premeditation requirement excludes situations where someone kills another in the heat of passion or a sudden fight.
Second Degree Murder
Second-degree murder is murder without premeditation. A person is guilty of second-degree murder if they intentionally cause another person’s death. They are also guilty if they knowingly engage in conduct that is likely to cause death or serious physical injury.
Second-degree murder includes situations where someone shows an extreme indifference to human life. This means that they recklessly engaged in conduct that could obviously cause death, and as a result, they caused someone’s death.
A common example of second-degree murder is shooting a gun into a building or a crowded area. The offender may not have intended to hit a particular person, but their action showed extreme indifference to human life.
Manslaughter
Manslaughter is a less serious form of murder. A person is guilty of manslaughter if they:
- Recklessly cause another’s death
- Commit murder in the heat of passion or during an argument with adequate provocation
- Provide someone with the means to die by suicide knowing that they intend to commit suicide
Even though manslaughter is less serious than first or second-degree murder, it is still a class 2 felony.
Negligent Homicide
Negligent homicide is when a person negligently causes another’s death. This means that the death was unintentional and the result of an accident. Negligent homicide is a class 4 felony.
Just because an accident causes death doesn’t mean that it rises to the level of criminal negligence. Instead, criminal negligence is a situation where someone takes a risk that is likely to result in serious harm or death of another.
What Are the Penalties For Homicide in Tucson, Arizona?
If you are convicted of any type of homicide in Tucson, AZ, you can expect significant penalties. The penalty depends on the charge and facts of the case.
If you are convicted of first-degree murder, you will face either the death penalty or life in prison. If you receive life in prison, you may or may not have the opportunity for parole. If you are sentenced to life in prison with the opportunity for parole, you can petition for parole after serving 25 years in prison. It is not guaranteed that you will receive parole.
If you are convicted of second-degree murder, you will receive 10-25 years in prison. There is a presumptive sentence of 16 years and no option for early release.
If you are convicted of manslaughter, you will face 7 to 21 years in prison. The presumptive sentence is 10.5 years. If you have a prior criminal record that includes one dangerous felony, you will face a minimum of 14 years in prison. If you have two prior dangerous felonies, there is a 21-year mandatory minimum.
Even though negligent homicide is the least serious type of murder, it still has serious consequences. You will face a minimum of 1 year in prison up to 3.75 years in prison for a first offense. If you already have a negligent homicide conviction on your record, you can face up to 7.5 years in prison.
Death Penalty
If you are convicted of first-degree murder and the prosecution is asking for the death penalty, you have a right to a hearing. During the hearing, the prosecution must prove one or more aggravating factors beyond a reasonable doubt. Additionally, the defendant has the opportunity to submit evidence of mitigating factors.
If the judge or jury determines that the mitigating factors are strong enough to negate the aggravating factors, then you will not be sentenced to death. If they find that it does not mitigate the aggravating factors, then you will be sentenced to death.
Examples of the aggravating factors are:
- Prior criminal record
- The manner in which the murder was committed
- The murder happened while on probation or in jail
- The victim was a police officer
- The murder happened in order to further gang activity
Examples of mitigating factors are:
- The murder happened under duress
- The defendant cannot appreciate the wrongfulness of his actions
- The defendant’s age
- Any other relevant aspect of the defendant’s character
If you are facing the death penalty, you need an extremely skilled Tucson homicide lawyer to advocate for your life.
What Defenses Can Be Raised If I’m Accused of Homicide?
It is critical that you present a solid defense if you are accused of homicide. There are many defenses available to people charged with murder. The strongest defense depends on the charges, facts of the case, and the evidence.
In a homicide case, some of the most common defenses may include:
- Alibi
- Mistaken identity
- Self-defense
- Defense of others
- No premeditation
- Lack of intent
- Insanity
- Accidental death (without negligence or recklessness)
- Insufficient evidence
- Constitutional defenses
The purpose of a criminal defense is generally to beat the charges. That certainly applies in a homicide case. The best case is that you will walk out of jail without conviction. However, when the stakes are high, such as if the death penalty is on the table, then a successful criminal defense may also mitigate the charges or penalties.
If you are facing the death penalty, a successful defense could reduce the charge from first-degree murder to second-degree murder or manslaughter. It could also result in a plea offer to remove the death penalty in exchange for life in prison. This may be considered a victory, depending on the facts of the case.
In any criminal case, the prosecution must prove each element of the charges beyond a reasonable doubt. If one juror finds that there is reasonable doubt you committed homicide, then you will not get convicted. A Tucson homicide lawyer can help you poke holes in the prosecutor’s case to create reasonable doubt.
Schedule a Free Case Evaluation With A Tucson Homicide Lawyer
If you have been charged with homicide, you should not delay speaking with a Tucson homicide lawyer. Call Katsarelis Law Criminal Defense Attorneys immediately to schedule a free consultation. Your freedom and your life may depend upon taking action as quickly as possible.