Phoenix Second Degree Murder Attorney
Second Degree Murder Defense in Phoenix, Arizona
Second degree murder can be charged by the State in a variety of circumstances. It is most commonly charged when the State is unable to prove that the individual acted with premeditation. Because the homicide laws in Arizona also permit second degree murder to be charged when the individual acts with certain levels of extreme "recklessness", prosecutors can charge this offense even when death was the result of an accident. Second degree murder charges arising from DUI accidents are not uncommon when the defendant blood alcohol concentration (or B.A.C.) was exceptionally high.
More commonly, however, second degree murder charges are filed in Phoenix, Scottsdale, Tempe, Glendale and Mesa when the defendant is accused of either intentionally or knowing causing the death of another person. Although less severe than the penalties for first degree murder, a conviction for second degree murder in Phoenix carries with it a mandatory prison sentence in the Arizona Department of Corrections for a minimum of 10 years and a maximum of 22 years. The stakes are high if you are charged with second degree murder and you should have an experienced Phoenix Criminal Defense Attorney protecting your rights.
Phoenix Second Degree Murder Lawyer
What usually sets second degree and first degree murders apart in Phoenix, Arizona is the element of premeditation. If a defendant is charged with second degree murder the prosecution does not have to prove that he or she premeditated or, in other words, had the opportunity to reflect on their actions prior to causing the victim’s death. Nevertheless, the prosecution may have to prove that the defendant acted either intentionally or knowingly. A skilled Phoenix homicide attorney like Joshua S. Davidson will closely scrutinize the evidence against you and help you identify weaknesses in the State’s case, as well as any defenses that may be available to you. In Arizona, a person may be justified in causing the death of another person on the basis of self defense or the defense of a third person. Other times, the best defense to a Phoenix murder case is to simply challenge the sufficiency of the State’s evidence and attack any illegal tactics used by the police during the investigation of your case. If the police conducted an unlawful search, illegally elicited a confession from you, or otherwise violated your constitutional rights, you may be able to have evidence suppressed by the court which could result in a dismissal or reduction of your charges.
Do not put your future and your freedom in the hands of inexperience. Phoenix Criminal Lawyer Joshua S. Davidson is a former felony prosecutor who personally handles every case at the firm. He understands how much is at stake in your Phoenix second degree murder case and will aggressively fight to protect your rights. Because many murders are crimes of passion, detectives will frequently look at husbands, boyfriends, wives and girlfriends in homicide cases. As a former domestic violence prosecutor, Joshua S. Davidson knows who these cases are investigated and how they are best defended against. Also, because most Phoenix second degree murder cases are not witnessed by anyone who can testify in court that they personally witnessed the defendant commit the criminal act, Phoenix murder cases usually rely on scientific evidence, and circumstantial evidence such as the existence of a motive. Phoenix murder defense attorney Joshua S. Davidson will work closely with investigators and utilize his prosecutorial experience to challenge whatever type of evidence the State intends to you against you.
Do not hesitate! Contact Phoenix Murder Lawyer Joshua S. Davidson today if you or a loved one has been charged with second degree murder.