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Gilbert Negligent Homicide Lawyer

Being involved in an accident that leads to someone’s death can be highly distressing. The pressure and grief from this situation may be amplified if prosecutors decide to charge you with negligent homicide.

Even though you did not intend to harm anyone, you could face years in prison if convicted, as well as ongoing challenges after your release. Vigorously fighting the charge is the best way to protect your future.

The skilled homicide attorneys at the Grand Canyon Law Group were once prosecutors and know how to defeat an involuntary manslaughter charge. Contact a Gilbert negligent homicide lawyer at our firm immediately if you are arrested or believe you are suspected of negligent homicide.

What Does Negligent Homicide Mean?

Killing someone is a homicide, but the intent behind the action that led to the death determines how severe the charge will be. Negligent homicide is the least serious charge when an action leads to death.

Arizona Revised Statute § 13-1102 defines negligent homicide, also called “criminally negligent homicide” or “involuntary manslaughter.” Criminal negligence is when a person dies because someone acted without the care a reasonably cautious individual would have taken in similar circumstances. This is also the case if an accused person engaged in behavior that led to death but they were not fully aware of how risky their conduct was.

Negligent homicide charges typically result from accidents, but the extent of the negligence is not always criminal. Depending on the surrounding circumstances, a skilled Gilbert defense lawyer can help persuade a prosecutor that the accused’s behavior does not merit a homicide charge.

Defenses to A Negligent Homicide Charge

Tragic accidents are sometimes only that—tragic accidents. When the accused’s conduct was not substantially different from what others might do in the same circumstances, the prosecutor cannot prove a negligent homicide charge. One of our skilled defense attorneys from the Grand Canyon Law Group can work to prove that the accused’s conduct was not careless to the point of criminality.

A Gilbert lawyer can argue that the defendant’s actions did not directly lead to the death. This defense can be effective when the deceased person’s decisions, another’s conduct, or an event contributed to the fatality.

Investigators’ behavior can also provide a defense against a negligent homicide charge. For example, if the police did not provide a Miranda warning or kept questioning someone after they asked for legal counsel, a judge might throw out the case or bar evidence. Similarly, a defective search warrant or lapse in procedures could help the defense get a charge dismissed.

Severe Penalties Apply After a Conviction

Even though negligent homicide charges arise from accidents, a person’s penalties upon conviction are severe. The crime is a Class 4 felony, and a prison sentence is possible.

A first offender faces a possible prison sentence ranging from one year to three years and nine months. People with prior convictions face harsher penalties. Sentencing for one past conviction can range from two years and three months with mitigating circumstances to seven years and six months with aggravating circumstances. Multiple prior felony convictions can lead to a prison sentence of six to 15 years.

Penalties could be more severe if the incident involved a weapon or dangerous instrument, like a car. Under those circumstances, a prosecutor could charge the crime as a dangerous felony, leading to a longer prison sentence. One of our Gilbert lawyers can explain whether dangerous felony charges apply in a specific case.

Reach Out to a Gilbert Attorney for Negligent Homicide Defense

Going to prison for a fatal accident can be terrifying. Unfortunately, it is possible if you face a negligent homicide charge.

Contact the Grand Canyon Law Group for a robust defense to your charges. Our Gilbert negligent homicide lawyers can help you obtain the best result the circumstances allow. Get in touch TODAY.

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