Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-1102 "Negligent Homicide" occurs when a person commits an act of criminal "negligence" which causes the death of another person. "criminal negligence" means the following: with respect to the result, or to a circumstance, a person fails to perceive a substantial and unjustifiable risk the result will occur, or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
This is very similar to Manslaughter, however, Manslaughter is "recklessness" standard involves gross deviation from a standard of conduct verses the "negligence" standard of gross deviation from a standard of care.
Click Here... If your case involves an auto to go to the Vehicular Crimes/Negligent Homicide Section
If convicted of a Negligent Homicide that did not involve the use of a dangerous instrument or deadly weapon, then the person faces a first offense punishment of probation with zero (0) days in jail to one (1) year in jail; or prison of one (1) year to three and three-quarters (3.75) years in custody. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
If there was a dangerous instrument or deadly weapon used, then for a first offense the person faces a minimum of four (4) years in prison; six (6) years presumptive in prison; and eight (8) years maximum in prison. If a person has one (1) allegeable historical prior dangerous felony conviction, then the range of "prison only" range is eight (8) years minimum; ten (10) years presumptive; and twelve (12) years maximum of incarceration. If the person has two (2) allegeable historical prior dangerous felony convictions, then the "prison only" mandatory minimum punishment is twelve (12) years; the presumptive is fourteen (14) years; and the maximum is sixteen (16) years of incarceration.
The two (2) most often seen defenses to Negligent Homicide 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 Negligent Homicide 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 agree that disregard of such risk constitutes a gross deviation from the standard of care 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 exercise of care 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.
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04/24/08 |
Aggravated DUI, Aggravated DWI |
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04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
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03/24/08 |
Aggravated DUI, Aggravated DWI |
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