Need an Arizona Vehicular Manslaughter Attorney? Contact David Michael Cantor if you have been charged with Second Degree Vehicular Murder.
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1104 “Second Degree Murder” occurs if without premeditation a person intentionally causes the death of another person or, knowing that his conduct will cause the death or serious physical injury, such person does cause the death of another person; or under the circumstances manifesting extreme indifference to human life, such person recklessly engages in conduct which creates a grave risk of death and thereby causes the death of another person.
In the Vehicular Crime setting, Second Degree Murder is normally not charged. In order for it to be charged, there must be a showing of “extreme indifference” to human life. This could be drag racing through traffic on the freeway, traveling the wrong way on a freeway while fleeing from police, road rage, or things of this nature.
Possible Punishment for Second Degree Murder
The mandatory first offense range of punishment for the class two (2) felony of Second Degree Murder is ten (10) years minimum in prison; sixteen (16) years presumptive in prison; and twenty-two (22) maximum in prison. This is “day-for-day” prison time (i.e., no early release or “time off for good behavior”).
Possible Defenses for Second Degree Murder
The two (2) most common defenses to Second 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 “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 Arizona Vehicular Manslaughter 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 key to defending a vehicular Second Degree Murder charge normally lies within a proper accident reconstruction. It will be important to show that, first and foremost, the accident was the other person’s fault. In addition, it must 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 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”. If the Prosecutor is claiming that speed was a factor, then we must show that the speed was not a “gross deviation from the norm”. Speeding does not become criminal, by statute, until it exceeds twenty-one (21) miles or more over the posted speed limit. If alcohol was a factor, then we must utilize all of the standard DUI defenses to show that breath / blood testing devices were inaccurate in their measurements. Lastly, we would use an engineer to check the car for any vehicle defects which may account for the accident.
Click Here… For the DUI Section if your case also Involves Alcohol
The “Common Defenses” for Second Degree Murder, which may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, 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®) to assist you with your Second Degree Murder case. Also David Michael Cantor is an Arizona Vehicular Manslaughter Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 Arizona Vehicular Manslaughter Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an Arizona Vehicular Manslaughter Attorney. We will assist you with your Second Degree Murder case.
