Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1105 "First Degree Murder" occurs when a person who is intending (or knowing) that his conduct will cause the death of another person, actually does cause the death of another person with premeditation. In addition, First Degree Murder can be charged when a death occurs during the commission of certain felonies. These felonies include: Sexual Assault; Child Molestation; Terrorism; certain Marijuana and Dangerous Drugs offenses which exceed the statutory threshold amounts and involve the use of minors; Burglary; Arson; Robbery; certain types of Escape; Child Abuse; and Unlawful Flight from a Pursuing Law Enforcement Vehicle while in the course of and in furtherance of a felony. In addition, a crime will always be charged as First Degree Murder if a person intended or knew that their conduct would cause the death of a police officer, and they in fact, caused the death of a police officer who was in the line of duty.
Most often these cases involve what is called the "Felony Murder Rule". If, during the commission of an felony somebody was killed, then all of the Defendants are guilty of that person's death. For example, if a Defendant drove a passenger over to a third person's house in order to take some property, and if the two inside the house subsequently got into an argument where the third person ended up killing the passenger in self-defense, then the driver waiting outside would be guilty of his passenger's death! They could be charged even though they had no knowledge that either party was armed or that violence would become involved. The Prosecutor would argue that they are simply guilty because they were acting as the "get-away driver".
With regard to First Degree Murder, there is only three possible penalties: the minimum is twenty-five (25) years to life with no possibility of parole until twenty-five (25) years of "day-for-day" prison time had passed by; the middle level is "natural life", which involves life in prison without the possibility of parole; and the maximum is "Capital Murder" (i.e., the Death Penalty).
The two (2) most often seen defenses to First Degree Murder are "Self-Defense" (i.e., Justification) and "Supervening Cause". Self-Defense would involve the use of deadly force in order to protect oneself against a person who is threatening or using deadly force against them. In regards to a "Supervening Cause", this would include an error by emergency treating personnel, or a hospital error which caused the person's death. These cases are so complex that they require a litany of defense tools. For example, private investigators; gunshot residue experts; DNA experts; accident reconstruction experts; human factors experts, just to name of few. At the Law Offices of David Michael Cantor, P.C., four (4) of the attorneys within the firm are "Death Penalty Qualified". This means they have "first-chaired" or been substantially involved in Capital Murder Trials in the past.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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