Homicide

First Degree Murder

What is First Degree Murder in Arizona, A.R.S. 13-1105?

First degree murder under Arizona law is a violation of A.R.S. 13-1105, and is a homicide. Homicide is the unlawful killing of a human by another human, and in Arizona includes first-degree murder, second degree murder, manslaughter, and negligent homicide. Homicide is very serious and is treated as such by all law enforcement agencies. Since law enforcement sees homicide as a serious offense, they tend to do a more thorough investigation when murder is suspected. This is not to say that law enforcement officers do not make mistakes during their investigation.Like all humans we are subject to making mistakes that allow our biases and prejudices to affect us, and this sometimes leads to us making errors in judgment and incorrect assumptions, leading to false conclusions resulting in a criminal charge such as first degree murder.

First degree murder in Arizona is a violation of A.R.S. 13-1105, and is established when a person intends to, or knows that the person’s conduct, causes the death of another person or an unborn child at any stage of development in the womb. This is the intentional premeditated killing of another person when such intention precedes the killing by any length of time in order to permit reflection of one’s act.It is first degree murder without any further specific mental state if the person or another person causes the death of someone in the following circumstances:

  1. Attempts to or commits sexual conduct of a minor under A.R.S. 13-1405;
  2. Sexual assault under 13-1406;
  3. Molestation of a child under 13-1410;
  4. Terrorism under 13-2208.01;
  5. Marijuana offenses under 13-3405(A)(4);
  6. Dangerous drug offenses under 13-3407(A)(4)&(7);
  7. Narcotic offenses under 13-3408(A)(7);
  8. Involving or using minors in drug offenses under 13-3409;
  9. Drive-by shooting under 13-1209;
  10. Kidnapping under 13-1304;
  11. Burglary under 13-1506, 1507 or 1508;
  12. Arson under 13-1703 or 1704;
  13. Robbery under 13-1902, 1903, or 1904;
  14. Escape under 13-2503 or 2504;
  15. Child abuse under 13-3623(A)(1);
  16. Unlawful flight from a law enforcement vehicle under 13-622.01;

It is also first degree murder under Arizona law to know or intend that a person’s conduct will cause a death and that in fact causes the death of a law enforcement officer engaged in the line of duty.

When looking for the right lawyer to defend someone charged with first degree murder, Brian Di Pietro is a tough, experienced and aggressive criminal defense attorney who has successfully fought for the interests of his clients when charged with first degree murder. Brian Di Pietro has represented several clients charged with first degree murder, and not one of them was convicted of the charge, even with three of them having confessed to the police. He successfully argued to the jury that the homicide was not first degree murder but only manslaughter or merely second degree murder. When considering an Arizona criminal defense lawyer, you can count on Brian Di Pietro Law PLLC, for the experience you seek in a tough, aggressive criminal defense attorney.

Penalties for First Degree Murder in Arizona:

First degree murder is Arizona is a class one felony, and is punishable by death or life imprisonment.

Defenses to a Charge of First degree Murder in Arizona, A.R.S 13-1105:

Should someone be charged with the offense of first degree murder, a violation of A.R.S. 13-1105 in Arizona, there may be the possibility of several defenses available depending on the circumstances. A few of those defenses may be:1. Alibi2. Self-defense3. Mere presence4. Insufficiency of state’s evidence5. Mistaken identity6. Use of deadly force7. Defense of a third person8. Defense of premises

Brian Di Pietro Law PLLC, Arizona’s Most Experienced and Aggressive Homicide Lawyer

Contact Brian Di Pietro Law PLLC today for a free case evaluation about your pending homicide case involving first degree murder charges in Arizona. Brian Di Pietro is an experienced, tough, aggressive, criminal defense attorney in Phoenix, who will work hard to fight the charges against you to achieve the most favorable outcome for your particular homicide charges. Contact now us now for a free confidential case evaluation about your first degree murder charges in Arizona.Brian Di Pietro Law PLLC 623-242-2655

Second Degree Murder

What is Second Degree Murder in Arizona, A.R.S. 13-1104?

Second degree murder in Arizona is a violation of A.R.S. 13-1104, and is a result of death without premeditation. This can be accomplished by engaging in conduct that the person knows will result in death in the following circumstances:

  1. Intentionally causes death of another person including an unborn child.
  2. Engaging in conduct knowing those actions will cause death or serious physical injury and does cause the death of another person or unborn child.
  3. Acting with extreme indifference to human life recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person including an unborn child.

Brian Di Pietro is a tough, experienced and aggressive criminal defense attorney who is successfully represent the interests of his clients when charged with second degree murder. He has represented several clients charged with second degree murder and he has the knowledge and experience to represent your case.

Penalties to Second Degree Murder in Arizona, A.R.S. 13-1104:

Second degree murder in Arizona a violation of A.R.S. 13-1104 is a class 1 felony. If the victim is under fifteen years old or is an unborn child, this may be considered a dangerous crime against children.

Defenses to an Offense of Second Degree Murder in Arizona, A.R. S. 13-1104:

Should someone be charged with the offense of second degree murder, a violation of A.R.S. 13-1104, in Arizona there may be the possibility of several defenses available depending on the circumstances. A few of those defenses may be:1. Alibi2. Self-defense3. Mere presence4. Insufficiency of state’s evidence5. Mistaken identity6. Use of deadly force7. Defense of a third person8. Defense of premises

Brian Di Pietro Law PLLC Arizona’s Experienced, Aggressive, Homicide Lawyer.

Contact Brian Di Pietro Law PLLC today for a free case evaluation about your pending homicide case involving second degree murder charges in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney, who will work hard to fight the charges against you to achieve the most favorable outcome for your particular homicide charges. Contact Brian Di Pietro Law PLLC now at 623-242-2655 for a free confidential case evaluation about your second degree murder charges in Arizona.

Manslaughter

What is Manslaughter in Arizona, A.R.S. 13-1103?

Manslaughter is a violation of A.R.S. 3-1103, in Arizona, and may be committed under the following circumstances by:

  1. Recklessly causing the death of another person, or
  2. Committing second degree murder pursuant to A.R.S. § 13-1104, upon sudden quarrel or in the heat of passion resulting from adequate provocation by the victim. Whether someone was adequately provoked by the victim is an issue for the jury to decide.
  3. Intentionally aiding another to commit suicide, or
  4. Being forced to kill someone by use of coercion or the threat of immediate deadly physical force upon such person which a reasonable person in his situation would have been unable to resist. This would be the defense of duress where one is compelled to commit the homicide by the coercion or threat of immediate death if the person does not comply.
  5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.

Common charges of manslaughter occur when a person is operating a motor vehicle while impaired by alcohol, and is involved in a traffic accident which kills someone. Manslaughter is the consumption of alcohol prior to driving when it is reasonable to believe that the consumption of alcohol may affect the driver’s ability to properly operate the vehicle.Brian Di Pietro is a tough, experienced and aggressive criminal defense attorney who is successfully able to defend the interests of his clients when charged with manslaughter. He’s commitment to his clients, guarantees the best outcome possible. When considering an Arizona criminal defense lawyer, you can depend on Brian Di Pietro Law, PLLC for the experience you seek in a tough, and aggressive criminal defense attorney.

Penalties to Manslaughter in Arizona, A.R.S. 13-1103

A conviction of manslaughter is a violation of A.R.S. 13-1103, and is a class two felony in the state of Arizona.

Defenses to Manslaughter in Arizona, A.R.S. 13-1103

The death of an unborn child during an abortion with the consent of the pregnant woman or which is authorized by law is a defense to paragraph 5 of A.R.S. 13-1103, knowingly causing the death of an unborn child.Should someone be charged with the offense of manslaughter, a violation of A.R.S. 13-1103, in Arizona there may be the possibility of several defenses available depending on the circumstances. A few of those defenses may be:1. Alibi2. Self-defense3. Mere presence4. Insufficiency of state’s evidence5. Mistaken identity6. Use of deadly force7. Defense of a third person8. Defense of premises. The defense of duress is available for a violation of paragraph 4, A.R.S. 13-1103, when one is threatened with immediate death in order to cause the death of another. The duress defense to a charge of second degree murder will reduce the offense to manslaughter.

Negligent Homicide

What is Negligent Homicide in Arizona, A.R. S. 13-1102?

A fourth type of homicide in Arizona is A.R.S. 13-1102, negligent homicide and is committed when criminal negligence by that person causes the death of another including an unborn child in the womb at any stage of its development.Common charges of negligent homicide occur when a person is operating a motor vehicle while impaired by alcohol, and is involved in a traffic accident which kills someone. The criminal negligence is the consumption of alcohol prior to driving, when it is reasonable to believe that the consumption of alcohol may affect the driver’s ability to properly operate the vehicle.Brian Di Pietro is a tough, experienced and aggressive criminal defense attorney who has represented many clients charged with negligent homicide. When considering an Arizona criminal defense lawyer, you can count on Brian Di Pietro Law PLLC, for the experience you seek in a tough, aggressive criminal defense attorney.

Penalties to Negligent Homicide in Arizona, A.R.S. 13-1102:

Negligent homicide pursuant to A.R.S. 13-1102, is a class 4 felony.

Defenses to Negligent Homiside in Arizona, A.R.S. 13-1102:

Should someone be charged with the offense of negligent homicide, a violation of A.R.S. 13-1102 in Arizona, there may be the possibility of several defenses available depending on the circumstances. A few of those defenses may be:1. Lack of criminal negligence2. Ordinary negligence3. Mere presence4. Insufficiency of state’s evidence5. Mistaken identity

Brian Di Pietro Law PLLC, Arizona Experienced, Aggressive, Negligent Homicide and Vehicular Homicide Lawyer

Contact Brian Di Pietro Law PLLC today for a free case evaluation about your pending homicide case involving negligent homicide charges in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular homicide charges. Contact now Brian Di Pietro Law PLLC at 623-242-2655 for a free confidential case evaluation about your negligent homicide charges in Arizona.