Second Degree Murder Defense Attorney In Phoenix

Second degree murder is where the act that causes death does not have that element of premeditation, so generally deals with ‘spur of the moment’ acts that lead to a person’s death. Since this crime involved the death of another person, the penalties if convicted of second degree murder are life changing. Some of the potential penalties are:

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• Minimum 10 years in prison.

• Presumptive 16-year prison term. (If there were aggravating circumstances, the sentence could be longer)

• Maximum 25-year prison term.

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The penalties associated with Second Degree Murder fall under the “day-to-day” requirement. This means that the person convicted will not receive an early release due to good behavior.

If you find yourself accused of second-degree murder, it is vital that you speak to an experienced and highly skilled lawyer to advise you on your case and what your options are to provide you with the best defense possible under the law.

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The most common defenses under Arizona law are:

• Did not act intentionally: If you can show that you had no intent to kill or cause serious injury at the time of the person’s death. For instance, you accidentally discharge your firearm and kill someone.

• Self-Defense (of yourself or others): This means being able to show that at the time of the person’s death, that you feared that you were, or someone was, in imminent danger of physical harm, and it was necessary to use physical force to protect yourself in the circumstances as you believed them to be at the time, even if there turned out to be no actual danger. This would apply if you did not provoke the encounter that led to the person’s death.

• Crime Prevention: You may use deadly physical force against another person if you reasonably believed that deadly physical force was immediately necessary to prevent the other person from committing one of the listed crimes in A.R.S. § 13-411(A) including; arson of an occupied structure, burglary in the second or first degree, kidnapping, manslaughter, second degree murder, first degree murder, sexual conduct with a minor, sexual assault, child molestation, armed robbery and aggravated assault.