Manslaughter Lawyer in Phoenix, Arizona
There are several different criminal charges that can potentially be filed against an individual when they are accused of causing the death of another person in Arizona. Depending on a number of factors, including the defendant’s state of mind or intent, the criminal act might be charged as manslaughter, which is less serious than murder.
Manslaughter is most commonly charged in Phoenix, Glendale, Scottsdale, Mesa and Tempe when the defendant is accused of causing the death of another person by acting recklessly. This is sometimes referred to as involuntary manslaughter. Under Arizona law, a reckless act is generally defined as one where a person knowingly disregards a serious risk. While there are a wide range of cases that are charged as manslaughter in Phoenix, a large number of them involve an underlying DUI case. If you have been involved in an automobile accident which resulted in the death of another person, including your passenger, the county attorney’s office will likely file manslaughter charges if you are accused of being impaired from alcohol at the time of the crash. Not all cases of vehicular manslaughter involve alcohol. For example, when a violation of a traffic safety law results in the death of another person, perhaps in another vehicle, manslaughter charges can be filed regardless of whether the driver was impaired. Here there was obviously no intent to kill, but death did occur due to the driver’s recklessness and manslaughter charges could be filed. If you are facing a vehicular manslaughter charge, you need a Phoenix Defense Attorney who is well versed in traffic and DUI defense, as well as Phoenix manslaughter law.
Other criminal cases involving manslaughter charges in Phoenix, Arizona include “heat of the moment” killings, where the defendant is provoked and loses control. Sometimes referred to as voluntary manslaughter, these types of Phoenix manslaughter cases also include intentional killings which were committed by the defendant because their own life was being unlawfully threatened. Under Arizona law, it is usually a legal defense to a criminal charge that the Defendant was under duress and feared physical harm would result if they did not commit the offense. Although this defense is not available to those charged with offenses involving homicide or serious physical injury, the law does reduce the charges a person would face under these circumstances from second degree murder down to the less severe charge of manslaughter. Because the penalties are somewhat less drastic than those for second degree murder, experienced Phoenix manslaughter attorneys will often seek a reduced manslaughter charge when evidence of duress or provocation exists. Although it may still result in some prison time, it's sometimes the only available defense and always much better than the sentence for a murder conviction.
Phoenix Manslaughter Defense Lawyer
In Phoenix, manslaughter is a class 2 felony which is often charged as a dangerous offense – meaning that a conviction or guilty plea will require the judge to impose a prison sentence. If convicted of manslaughter as a class 2 dangerous offense, the court is required by law to impose a prison sentence of 7 to 21 years in the Arizona State Department of Corrections. With so much at stake, you need an aggressive Phoenix Manslaughter attorney at your side if facing these charges. Phoenix defense lawyer Joshua S. Davidson is an experienced former prosecutor who will thoroughly explore every possible defense to your Phoenix Manslaughter case, including self-defense, insanity, and the defense of another person. Through years of experience as both a prosecutor and Phoenix defense lawyer, Joshua S. Davidson has a well-rounded perspective of his clients’ cases which helps him identify potential weaknesses in the prosecution’s case and better anticipate their next move.
Because there is no substitute for a thorough defense investigation, Joshua S. Davidson will carefully evaluate every piece of evidence the prosecution seeks to you against you including witness statements, physical evidence, and laboratory/forensic reports. By examining this evidence and conducting pre-trial defense interviews of the witnesses, Phoenix Criminal Lawyer Joshua S. Davidson will flush out all available defenses help maximize your chances of a dismissal or reduction of your charges.
Contact Phoenix Manslaughter Defense Attorney Joshua S. Davidson today.