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Phoenix Homicide Attorney

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Homicide is one of the most serious crimes that a person can be accused of. Depending on the charge and the verdict rendered by the courts, a defendant could face life in prison or even the death penalty. The heavy consequences of homicide are understandable since taking the life of another has severe legal and moral implications. However, that does not mean a person who has been charged with homicide does not deserve a robust legal defense. After all, many circumstances could lead to homicide, some of which could lead to a reduced charge and less severe punishment.

If you have been charged with homicide in Phoenix, Arizona, contact the Law Office of Hernandez & Hamilton, PC as soon as possible. We are a highly-touted law firm that has received accolades from various respected legal publications. Our attorneys have over 90 years of combined experience that they will use to help you. So contact us as soon as possible to get the legal defense you need. Your future is in jeopardy, and time is of the essence, so get in touch with us as soon as you can.

What is Homicide?

Homicide is defined as the killing of one human being by another; however, the act can be intentional or unintentional. The intentional act of killing someone is called murder, and there are different degrees of murder depending on whether it was premeditated. The accidental killing of another person is called manslaughter, and like murder, there are different degrees of manslaughter depending on the defendant’s behavior.

The Types of Homicide in Phoenix, Arizona

The state of Arizona recognizes the four following types of homicide:

First-Degree Murder

This is the highest degree of homicide in Arizona and is defined by Statute ARS 13-1105 as someone causing another person’s intentional, premeditated death. There are three ways a person can commit first-degree murder in Arizona:

  • The intentional, premeditated killing of another, if someone buys a gun, then stalks and kills another person with it.
  • Intentionally killing a law enforcement officer while they are in the line of duty.
  • Killing someone while engaging in another felony. For example, if someone robs a liquor store and kills a bystander who tries to pursue them.

First-degree murder is a Class 1 Felony punishable by life in prison or capital punishment, i.e., the death penalty.

Second-Degree Murder

According to Arizona statute ARS 13-1104, second-degree murder is when someone performs an intentional or reckless act that they know will kill another person. For example, if an employee brings a gun to the office and then shoots their boss after receiving a complaint from them. Since the killing is a spur-of-the-moment act and not premeditated, it would be second-degree murder. Second-degree murder is a Class 1 Felony, and the perpetrator faces 10 to 25 years in prison.

Manslaughter

Arizona statute ARS 13-1103 states that there are five types of manslaughter:

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  1. Causing someone else’s death via a reckless act, such as accidentally shooting someone while waving around a loaded gun with its safety off.
  2. Killing someone in the heat of passion, such as during a fight where one person fatally stabs another.
  3. Intentionally helping someone commit suicide.
  4. Killing someone else under coercion or the threat of physical violence or death.
  5. Causing the death of an unborn baby by harming the mother.

Manslaughter is a Class 2 Felony, and perpetrators face up to 10 years in prison.

Negligent Homicide

Negligent homicide is defined by state statute ARS 13-1102 as causing the death of another via a criminally negligent act. An example would be if someone purposefully started a fire that kills someone. Negligent homicide is a Class 4 Felony punishable by fines up to $150,000 and three years in prison.

Homicide Defenses

As serious as homicide is, some defenses are available that can reduce the charges.

Justifiable Homicide

There are a few scenarios where a defense team can argue that a homicide was justified; for example, the defendant was defending themself, someone else, or their property. There are other rare, though still valid arguments for justifiable homicide, such as if the defendant was forced to kill someone or if killing someone prevented that person from committing a crime.

Lack of Intent

There are cases where a person did not intentionally intend to kill another; it might not excuse the homicide, but it may be enough to get the charges reduced. Some defenses proving lack of intent include the following:

Insanity – If it can be proven that the defendant was not of sound mind when they committed the homicide, then it means that they lacked the mental state for homicide. If insanity can be proven, the defendant will be sent to a mental institution rather than jail.

Diminished Capacity – This is also known as a provocation and is defined as a state of temporary insanity. It can be brought on by being in an intensely stressful situation that causes a mental break. The defendant must not have caused the situation, and it must be proven that a normal person would also find the situation incredibly stressful.

Intoxication – If it can be proven that the defendant was under the influence of drugs or alcohol when they killed someone, then it can be argued that they lacked the required mental state to commit homicide intentionally. This defense is more convincing if the intoxication was involuntary rather than voluntary.

Contact the Law Office of Hernandez & Hamilton, PC if You Are Charged With Homicide

A homicide charge is life-changing, but that doesn’t mean it can’t be defended. If you contact us, we will listen to your story, closely examine the facts of your case, and formulate a defense strategy designed to reduce the charges against you as much as possible. We are well aware of the seriousness of a homicide charge, which is why we will marshal all of our resources, experience, and knowledge to help you. 

The homicide charge will have already had a profound and negative effect on your life, but by getting the Law Office of Hernandez & Hamilton, PC to help you, you have a chance of eventually starting a new chapter in your life. Arizona is a death penalty state, and even though that punishment is rarely used, it is still a possibility. So, do not delay and contact a Phoenix criminal defense attorney at the Law Office of Hernandez & Hamilton, PC as soon as possible so that we can start building your defense. We will fight for you every step of the way.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart