Whether in the Phoenix area or anywhere in Arizona, per ARS §13-1103 "Manslaughter" normally involves a death with one of the two following elements present: 1) "recklessly" causing the death of another; or 2) "intentionally" or "knowingly" killing a person in the heat of passion or upon a sudden quarrel resulting from adequate provocation from the victim.
To "recklessly" cause the death of another, means that the person was unaware of and consciously disregarded a substantial and unjustifiable risk that a result would occur, or that the circumstances existed. The risks must be of such a nature and degree that disregard of such risks constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. This is normally what the Prosecutor will look to when deciding whether to charge somebody with a Vehicular Manslaughter. Also, people are sometimes charged if they are recklessly handling a firearm which accidentally discharges and kills someone, or if they have left a newborn baby unattended in a bathtub. The key elements are "substantial and unjustifiable risk" and "gross deviation from the standard of conduct that a reasonable person would observe in the situation".
Click Here... If your case involves an auto, go to the Vehicular Crimes/Second Degree Murder Section
If the Manslaughter occurs and there was no deadly weapon or dangerous instrument involved, then the range of punishment on a first offense is anywhere from probation with zero (0) days in jail to one (1) year in jail; or prison from three (3) years to twelve and one half (12.5) of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
If there was a dangerous instrument or deadly weapon involved, now the first offense minimum is seven (7) years in prison; the presumptive is ten and one half (10.5) years in prison; and the maximum is twenty-one (21) years in prison. If a person has one (1) allegeable historical prior dangerous felony conviction, then the range of "prison only" range is fourteen (14) years minimum; fifteen and three quarters (15.75) years presumptive; and twenty-eight (28) years maximum of incarceration. If the person has two (2) allegeable historical prior dangerous felony convictions, then the "prison only" mandatory minimum punishment is twenty-one (21) years; the presumptive is twenty-eight (28) years; and the maximum is thirty-five (35) years of incarceration.
The two (2) most often seen defenses to Manslaughter 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.
Another key to defending a Manslaughter charge normally lies within a proper crime scene reconstruction. It will be important to show that, first and foremost, the death was the other person's fault. In addition, if it can be shown that the Defendant was not "reckless". The standard of "recklessness" in Arizona is that the Defendant was aware of and consciously disregarded a substantial and unjustifiable risk that the result would occur or that a dangerous circumstance existed. The risk must be of such a nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. The key is demonstrating that the Defendant did not ignore a "substantial and unjustifiable risk" and that his conduct was not a "gross deviation from the standard of the norm".
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 Law Group - www.cantorsimonlawgroup.com/
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