Homicide Defenses

Homicide charges are the most severe criminal charges a person can face, and they carry some of the heaviest legal and social consequences. Fortunately, Arizona defense attorneys can employ a wide range of strategies when defending against homicide charges precisely because of the severe legal and social consequences. 

Homicide is the unlawful killing of another human being. It includes intentional crimes like murder, or involuntary acts like manslaughter. The different classifications of homicide have different penalties and consequences. However, all of these consequences are life-changing. 

If you find yourself facing homicide charges anywhere in the state of Arizona, you need a highly experienced, aggressive criminal defense attorney who truly cares about your rights and your future. You need the legal team from the Ciccarelli Law Offices. 

Why Choose the Ciccarelli Law Offices?

At the Ciccarelli Law Offices, our legal team brings a combined one hundred years of national, big-city criminal defense experience. We have defended many high-profile felony cases, including Murder, Triple Homicide, Attempted Homicide, Sex Crimes, and Multi-million Dollar Embezzlement. We serve clients who need our ability to defuse a potential criminal investigation, long before that investigation turns into criminal charges. 

At the Ciccarelli Law Offices, we are one hundred percent dedicated to fighting for the rights of those whose liberty and future are on the line. Our ultimate goal is to make a real difference in the lives of our clients, regardless of who they are, where they are from, or how much money they have. We are proven, compassionate, knowledgeable, and aggressive in defending our clients. 

Lee Ciccarelli leads a legal team in Arizona that has extensive experience in state and federal courts. We provide a highly personalized approach for every client, focusing on his or her needs and goals. We consider ourselves advocates for our clients, meaning we never back down from overly aggressive police officers or prosecutors. While we will certainly negotiate a plea deal on your behalf (if it is in your best interests, and you agree with such a deal), we never hesitate to go to trial and argue your case. 

Lee Ciccarelli is recognized as a Top 100 Trial Lawyer by The National Trial Lawyers Association, received the Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys, and was recognized as one of the Top 100 Litigation Attorneys by the American Society of Legal Advocates.  

We are available to you and your family at a time when you need us the most. At Ciccarelli Law Offices, Your Success is Our mission. 

Potential Defenses for Arizona Homicide Charges 

In many cases, offering a defense for your Arizona homicide charges may not leave you without charges at all. However, it could significantly lower the charges you are facing, thus lowering the penalties as well.  Your state of mind has something to do with the charges you face. 

As an example, to be charged with first-degree murder, the prosecutor must show you acted with intention or premeditation. If that cannot be shown, then you cannot be charged with first-degree murder. While your exact defense will depend on the circumstances and facts surrounding your case, some of the most common defenses to charges of homicide include the following:

• The homicide was justifiable, therefore excused under the law. Defenses that justify a homicide include:

• Perfect self-defense means you acted out of a reasonable belief that the homicide was necessary to your self-defense. You will likely have to show that you did not instigate the incident that caused your act of self-defense. Assisted suicide can also fall under perfect self-defense in some states. 
• Imperfect self-defense occurs when you believed self-defense was necessary, but when a reasonable person might think otherwise. 
• Homicide in the defense of your property is only accepted if you can prove your life was threatened by a trespasser or intruder. 
• Committing a homicide to prevent another crime can be a defense if you can show your actions were reasonable. 

• Insanity can be a defense to homicide if your attorney can show you were not mentally sound at the time you committed the homicide. 
• The defense of intoxication is usually only used to reduce a murder charge to a charge that is less serious since severe intoxication can render you unable to form the required mental state for murder. The defense of intoxication may not persuade a jury, since they will assume you should have known when to stop drinking. 
• Diminished capacity is temporary insanity—i.e., the situation was so stressful that you were pushed into committing a homicide. Committing a homicide in the heat of passion could qualify as diminished capacity. 
• You were unaware that the homicide was illegal and unjustified, meaning you lacked the necessary mental state for murder. 
• You have an alibi for the time of the homicide. If you can prove you were somewhere else at the time the homicide occurred, then you cannot be charged with homicide. This could be a case of mistaken identity on the part of a witness to the homicide. 
• You were defending another person. 
• Your arrest was the result of an illegal search and seizure of your car, your home, your place of business, or your person. If this is the case, your attorney may bring a Motion to Suppress Evidence; if this motion is successful, the seized evidence must be excluded from your trial, which, in turn, could lead to a dismissal of the charges or lesser charges. 
• When you were arrested, you were not read your Miranda Rights, or the police refused to allow you to call an attorney. 
• There were significant errors made by the police, either during your arrest or afterward. 
• Your confession to the crime of homicide was coerced. 
• The evidence collected was mishandled, either by the police or by the laboratory responsible for testing blood or DNA. Perhaps the blood samples were not properly stored or were mislabeled. Any evidence that was not collected and stored following the strictest protocols may be disallowed at trial. This could result in the charges being dropped by the prosecutor, or in the charges being lowered. 

Call a Phoenix Homicide Crimes Attorney Today

If you or somebody you love is facing homicide in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do and you likely need a team of Smart, Experienced, Aggressive, Determined lawyers that fight back at homicide charges and discuss you or your loved one’s possible defenses and strategies.   Call now. Now is the time for action and the time for Lee Ciccarelli and his team.

Do not speak to law enforcement officials or prosecutors until you have legal counsel by your side. At the Ciccarelli Law Offices, our team has a track record of success helping clients get through incredibly complex criminal defense cases. We know that the stakes are high, and we will use all of our resources to ensure you are treated fairly. When you need a Maricopa County homicide attorney, reach out to our team today. We are determined to fight for our clients. It’s in our DNA to have your back and your Success is Our Mission.