Negligent Homicide Lawyer in Phoenix, Arizona
Of the four different homicide offenses that can be charged in Phoenix, Arizona, negligent homicide is the least serious. Negligent homicide cases are similar to manslaughter cases in that the defendant did not intend to cause the death of the alleged victim. The main distinction between negligent homicide and manslaughter in Phoenix is the defendant’s mental state. While manslaughter is a crime of “recklessness”, negligent homicide cases only require proof that the defendant acted with criminal negligence. Criminal negligence is generally defined under Arizona law as a failure to recognize a serious risk that a reasonable person would have appreciated in a given situation. Although the difference between manslaughter and negligent homicide may be subtle, the potential consequences that could be imposed are drastic. An experienced Phoenix negligent homicide attorney like Joshua S. Davidson understands the complexities of Arizona homicide law and will vigorously fight to protect your rights if you have been charged with any type of homicide offense in Phoenix, Scottsdale, Mesa, Glendale or Tempe.
Phoenix negligent homicide cases are sometimes referred to as vehicular homicide. Traffic accidents unfortunately do sometimes result in a fatality and the county attorney’s office never misses an opportunity to score political points by trying to make an example out of someone. Moreover, the prosecutor seldom agrees to reduce vehicular homicide and aggravated assault charges down as part of a plea bargain. Even if alcohol was not a factor in the crash, the prosecutor can still charge you with negligent homicide if they have evidence of poor driving or a violation of a traffic law that may have caused the crash. Phoenix negligent homicide attorney Joshua S. Davidson has handled many vehicular cases involving various felony charges and understands that challenging “causation” is often the best defense to a negligent homicide charge. With his investigators, Phoenix defense lawyer Joshua S. Davidson will closely evaluate the underlying conditions surrounding the accident from which the charges arise and will engage experts in accident reconstruction and other forensic fields including blood or breath alcohol analysis. In Phoenix, charges of negligent homicide require the prosecution to prove beyond a reasonable doubt that the defendant’s negligent conduct caused the alleged victim’s death. By conducting a comprehensive defense investigation, Phoenix negligent homicide lawyer Joshua S. Davidson will explore all potential supervening causes, such as the victim’s bad driving or faulty road design, that may have caused or contributed to the accident.
Negligent Homicide Defense Attorney in Phoenix
Depending on whether the criminal act is charged as a dangerous offense, a person convicted of negligent homicide can potentially avoid prison and be placed on probation. However, even if you are granted probation for you Phoenix or Scottsdale negligent homicide case, you could still be ordered to serve a maximum of 12 months in the Maricopa county jail as an initial term of your probation. Because negligent homicide in Phoenix is a class 4 felony, a conviction could carry with it a prison term of up to 3.75 years if the court does not grant probation at sentencing or if the defendant has their probation revoked for any reason. If the criminally negligent act is charged as a dangerous offense, probation is not available and the court will impose a prison sentence of 4 to 8 years upon a conviction. Regardless of whether you or a loved one is charged with negligent homicide as a dangerous or non-dangerous offense, you should have an experienced Phoenix defense attorney fighting to protect your rights. Joshua S. Davidson is a seasoned trial attorney and former felony prosecutor who understands what is at stake in your negligent homicide case and will fight to get your charges reduced or dismissed.
Phoenix negligent homicide defense lawyer Joshua S. Davidson offers free initial consultations and is available 24 hours a day.