Homicide 

Arizona Murder/Homicide Attorney

DwaneCates.Com, PLLC has extensive experience in all homicide and murder cases. Throughout his career, he has handled these extremely serious cases in every county in the state of Arizona. He recently completed a full jury trial in a First Degree Murder case in St. Johns Arizona as well as a 30-year-old cold case in Prescott with great results. Dwane Cates has experience with a first-degree murder case in Federal District Court, District of Arizona, and successfully handled many First Degree murder cases in Maricopa County Superior Court in Phoenix.

If you, or someone you love, are charged with murder or any homicide charges anywhere in Arizona, you need an Arizona Criminal Defense Attorney who has real experience in handling these cases. DwaneCates.Com, PLLC has that experience.

First Degree Murder A.R.S. 13-1105

First Degree Murder requires that the Government prove premeditation. Premeditation requires that the person thinks about what they are going to do, plans their actions, and carries out their plan. To convict someone of this crime requires proving that the person decided to kill the victim and then killed the victim. This can happen in a very short time.

First Degree Murder carries some of the harshest penalties under the law. If convicted, a person could face the Death Penalty or Life in Prison. With the stakes this high, you need to do everything possible to hire an experienced, effective, and persuasive homicide lawyer. You have to know that the prosecutors in these cases have trial experience therefore, you need a trial lawyer that the prosecution knows is going to put up a fight in order to win at trial or get a reasonable plea agreement. Arizona’s criminal lawyer, Dwane Cates has the murder trial experience to effectively handle all murder/homicide cases anywhere in Arizona.

Second Degree Murder. A.R.S. 13-1104

A person can be convicted of Second Degree Murder if they intentionally cause the death of another person, but without premeditation. They can also be charged with Second Degree Murder if they kill someone in a manner manifesting extreme indifference to human life. Second Degree Murder is usually charged when the killing was done in a sudden quarrel or heat of passion but was not planned. More recently, prosecutors are charging people with Second Degree Murder who drive while extremely intoxicated and cause the death of another person. This can be called Vehicular Homicide.

If you are convicted of Second Degree Murder charges, you could face 10-26 years, with the presumptive sentence being 16 years. This assumes that the person does not have any prior felony convictions. The prison sentence is what is called day-for-day time. That means that you will do every day of the sentence with no early release for good behavior. That is why you need the best Arizona Criminal Defense Lawyer that you can find. Scottsdale’s Second Degree Murder lawyer, Dwane Cates has the required trial experience and reputation that are essential to get a good result in homicide cases.

In Maricopa County, Vehicular Homicide cases are handled by special prosecutors that do nothing but vehicular crimes. An added penalty if convicted of this crime is permanent or semipermanent loss of your driver’s license. These cases are highly complex, requiring the right defense lawyer. Hiring an experienced Arizona Criminal Defense Lawyer is crucial if facing these charges. Dwane Cates has the experience handling Vehicular Homicide cases that you need when facing these charges.

Manslaughter A.R.S 13-1103

You can be charged with Manslaughter in several different ways. The difference between Second Degree Murder and manslaughter is that manslaughter is generally charged if the killing was reckless rather than intentional. Manslaughter is charged in many DUI death cases and therefore these are also called Vehicular Homicide. In order to be charged with Manslaughter, you only need to be reckless, whereas in Second Degree Murder cases it must be proven that you possessed an extreme indifference to human life.

The main difference between Second Degree Murder and Manslaughter is in the penalties. Generally speaking, these cases are considered to be dangerous offenses and therefore carry enhanced penalties. The general penalty for this crime is seven to 21 years, with the presumptive being 10.5. This assumes that the person does not have any prior felony convictions. The other difference from Second Degree Murder is that the prison term in these cases you can qualify for earned release credits of approximately 15% off of the sentence.

While Manslaughter does not carry penalties as harsh as the other murder charges, the penalty can end up being about the same or even more than the penalties for Second Degree Murder, depending on the circumstances and the person’s criminal record. Make sure you hire an Arizona Criminal Defense Attorney with the experience and reputation necessary to handle a case this serious. Arizona manslaughter attorney Dwane Cates has what it takes to defend your rights and protect your freedom.

Negligent Homicide A.R.S. 13-1102

Negligent Homicide is charged when someone causes the death of another through Criminal Negligence. Criminal Negligence is charged when a person recognized and understood the risks involved but didn’t appreciate these risks and it resulted in a death. One example is someone mishandling a weapon when intoxicated and it goes off accidentally.

Negligent Homicide is a serious offense. The penalty depends on if the case is charged as a dangerous offense or not. A dangerous offense is charged when the crime involves a deadly weapon or dangerous instrument. (Things like guns, knives, cars etc.) If you are convicted of this charge and it is designated as a dangerous offense, you are facing between four and eight years. If the case is not charged as a dangerous offense, you could be eligible for probation. If sent to prison, you could be facing one to four years.

While less serious than the other homicide crimes, Negligent Homicide can still result in a significant loss of freedom. In order to preserve your freedom, hire the best. Dwane Cates is certified as a specialist in criminal law by the State Bar of Arizona. They verify his trial experience, check his references and test his criminal law knowledge. After all this vetting the State Bar certified him as a specialist in criminal law. It does not matter if your case is in Phoenix, Yuma, Prescott, Holbrook, or Kingman, DwaneCates.Com can expertly handle your case.