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Tucson Homicide Attorney

Homicide offenses carry the most serious consequences under Arizona law. Homicide offenses in Arizona are categorized as First Degree Murder, Second Degree Murder, Manslaughter, and Negligent Homicide.  Elias Damianakos is an experienced Tucson homicide attorney and has had successful results in the past defending people accused of homicide and attempted homicide charges.

Penalties for Homicide

The penalties for Arizona homicide charges are severe.

  • First Degree Murder is a class 1 felony and is punishable by death or life imprisonment
  • Second Degree Murder is a class 1 felony
  • Manslaughter is a class 2 felony
  • Negligent Homicide is a class 4 felony

Homicide Mental States

The main differences between the types of homicide charges has to do with the mental state of the offense.  For example, first degree murder requires a person to “intentionally” cause death of another person with “premeditation”, whereas second degree does not require “premeditation.”  Manslaughter requires a “reckless” state of mind, and negligent homicide requires only that a person “negligently” caused the death of another person.  There is some variation within these 4 types of homicide as well. For example, a person can be charged with First Degree murder if a death occurs during the commission of certain felonies. This is called “felony murder.”  For more information, call our office to speak with Elias Damianakos, an experienced Tucson homicide attorney.

A.R.S. § 13-1105First Degree Murder

A. A person commits first degree murder if:

1. Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.

2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, drive by shooting under section 13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.

3. Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.

A.R.S. § 13-1104Second Degree Murder

A. A person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person’s conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

A.R.S. § 13-1103Manslaughter

A. A person commits manslaughter by:

1. Recklessly causing the death of another person; or

2. Committing second degree murder as prescribed in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or

3. Intentionally providing the physical means that another person uses to commit suicide, with the knowledge that the person intends to commit suicide; or

4. Committing second degree murder as prescribed in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or

5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

A.R.S. § 13-1102Negligent Homicide

A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.

B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.

3. The person was the unborn child’s mother.

Contact our office if you have been arrested for any homicide charges or think that you may be charged.  We can provide you a free, honest consultation to discuss your legal options. As an experienced Tucson homicide attorney, I can assist you in achieving the best results in your case.

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