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It is widely understood that one of the legal consequences of being found guilty of murder can mean being potentially sentenced to serve life or several decades in prison. However, a murder conviction can also mean losing your family, friends, and reputation.

Belén Olmedo Guerra and the Phoenix criminal lawyers at our firm are known for aggressively representing clients across Maricopa County. Our experienced criminal defense lawyers have a proven track record of successfully handling complex criminal cases, including murder charges.

Everyone has the right to a fair trial and a competent defense, no matter the circumstances. Our Phoenix criminal defense attorneys work tirelessly to investigate the evidence, challenge the prosecution’s case, and build a strong defense strategy for our clients. If you or a loved one is facing murder charges in Arizona, do not hesitate to contact our law firm. We will provide you with the skilled and aggressive defense you need to protect your rights and future.

For a free consultation with an experienced criminal defense lawyer at Belén Law Firm, PLLC, call our law offices or complete our online intake form today.

What is 1st Degree Murder?

Arizona law defines murder as the killing of one human by another with malicious intent.

In Arizona, murder can be either in the first degree or the second degree. First-degree murder is the most serious degree of murder and is punished as a Class 1 felony in Arizona.

First-degree murder in Arizona is when:

Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child
Acting either alone or with one or more other persons, the person commits or attempts to commit sexual conduct with a minor, sexual assault, molestation of a child, terrorism, marijuana offenses, dangerous drug offenses, narcotics offenses that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses, drive-by shooting, kidnapping, burglary, arson, robbery, escape, child abuse, or unlawful flight from a pursuing law enforcement vehicle and, in the course of and furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person
Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty

Premeditation can take a long or short time. Challenging it is essential to defend your case effectively.

First-Degree Murder Penalties in Arizona

There are three possible punishments for the criminal offense of first-degree murder:

Life in prison without the possibility of parole after 25 years
Life in prison without the possibility of parole
Death penalty

If you have been charged with first-degree murder, you cannot risk hiring an inexperienced attorney. Our Phoenix criminal defense attorneys have extensive experience handling high-profile cases and a reputation for getting results.

What is 2nd Degree Murder?

A murder charge that does not fall into any of the above categories is second-degree murder. However, second-degree murder is still a Class 1 felony. Second-degree murder in Arizona entails:

The person intentionally causes the death of another person, including an unborn child, or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
Knowing that the person’s conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child, or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child, or, as a result of recklessly causing the death of another person, causes the death of an unborn child

Second-Degree Murder Penalties in Arizona

The minimum punishment for second-degree murder is a prison sentence of 10 years
The maximum punishment for second-degree murder is 25 years in prison
According to Arizona laws, the presumptive sentence is 16 years in prison. The sentence might be longer if there were aggravating circumstances. It may also be enhanced if the perpetrator was previously convicted of second-degree murder or other Class 2 or 3 felonies.

Due to the life-changing penalties associated with any murder conviction, hiring an attorney immediately is in your best interest. With the legal complexities, extensive investigation, and other factors that go into preparing for a murder trial, you need an attorney to start your case immediately. Contact our Phoenix criminal defense attorneys today so we can get started.

What are Factors That Can Affect Murder Charges and Sentences?

Just as with any offense, several aggravating and mitigating factors can affect how murder is charged and the sentences that may be imposed.

Aggravating Factors

Some common aggravating factors that often accompany Arizona murder charges include:

If the offender has a prior criminal history or convictions for violent crimes
If a weapon was used in the commission of the crime
If the crime was committed as a murder for hire
The victim was a law enforcement or correctional officer
If the crime targeted vulnerable individuals, including children, disabled persons, or the elderly
The murder occurred during the commission of another felony
The murder was committed in a heinous, depraved, or particularly cruel manner

Mitigating Factors

Law enforcement and the court also consider mitigating factors when determining how a crime should be charged and accompanying sentencing guidelines. Concerning murder charges, some mitigating factors that may be considered include:

The defendant’s age and mental state
Whether the defendant lacks a prior criminal history
The defendant’s willingness to cooperate with law enforcement

It should be stated that having quality legal counsel is one of the most essential mitigating factors for defendants charged with murder. Because of the severe penalties you could face if convicted, you need a defense attorney familiar with handling these types of criminal law cases.

If you or a loved one is facing a murder charge, contact our law offices immediately to schedule a consultation with an experienced criminal defense attorney who will professionally evaluate your case.

Can Murder Charges Be Reduced to Manslaughter in Arizona?

One of the most common questions many individuals who are charged with murder ask is whether their charges can be reduced to manslaughter. Arizona law does stipulate that murder charges can be reduced to manslaughter if specific legal elements are present. However, it is crucial to remember that prosecutors take a tough stance and zealously pursue murder charges in the interest of public safety. Some of the factors that must be present before a prosecutor will consider possibly reducing the charges to manslaughter include:

If the defendant acted in self-defense
Lack of intent or premeditation
The death resulted from an accident
The defendant was coerced through the use or threat of deadly force
The murder occurred in the heat of passion or as a result of provocation
It can be proven that the defendant suffers from qualifying mental health issues that impair their ability to understand the consequences of their actions

“Recklessness” may also be a factor that can lead to murder charges being downgraded to manslaughter. Recklessness refers to a person being aware of and consciously disregarding the fact that their actions may cause another person’s death. Recklessness is often a factor that accompanies vehicular crimes that result in death. Due to the severity of murder charges and their extensive penalties, it is always best to have an experienced criminal defense attorney on your side to try and obtain a positive outcome for your case. Contact Belén Law Firm, PLLC, so we can assess your charges and determine what legal strategies may apply.

Who Determines if Murder Charges Can Be Reduced to Manslaughter?

When a crime such as murder is committed, the prosecutor has the preliminary role in determining how charges should be filed. In some instances, a prosecutor may choose to reduce murder charges to manslaughter if they believe there is sufficient evidence to support such an action. However, in most instances, prosecutors are unwilling to reduce charges and will choose to pursue the higher offense of murder. Murder convictions carry higher penalties, and downgrading a charge may result in public outcry. For this reason, anyone charged with murder must hire an experienced criminal defense attorney who will fight to try and have the charges reduced if there is evidence that supports their argument. A skilled defense attorney can negotiate with the deputy county attorney to reduce the charges. Still, often, it comes down to a judge ruling that a jury be allowed to consider a manslaughter charge. If the jury is allowed to consider the lesser charge, they will deliberate and have the final say as to whether or not the defendant is guilty of murder or manslaughter. Due to the various factors that go into determining whether murder charges should be downgraded to manslaughter, you should only place your trust in a criminal defense attorney who has experience negotiating with the prosecution. Belén Law Firm, PLLC has highly trained Phoenix criminal defense attorneys who are skilled negotiators and know what it takes to get results. When you come to us for help, we will scrutinize the prosecution’s evidence to create an innovative legal strategy to protect your rights and freedom.

Why Do I Need a Phoenix Criminal Defense Attorney for Murder Charges in Arizona?

Suppose you are facing charges for murder or any crime that resulted in the death of another person. In that case, the criminal defense attorney you choose to protect your rights may be one of the most important decisions you ever make. You must choose an experienced Phoenix murder defense attorney like those at Belén Law Firm, PLLC, who will present the most vigorous representation possible. When seeking legal representation, you need a criminal defense team that will thoroughly investigate the facts of your case and find expert witnesses essential to preparing your defense. Our Phoenix criminal defense lawyers understand the specialized issues involved in the preparation and defense of a murder charge. Our Arizona attorneys have the courtroom skills and experience to stand up against the State. As experienced trial attorneys, we know how to build criminal defenses that the prosecution cannot break. In every case we take on, we closely scrutinize every piece of evidence the prosecution intends to use. We thoroughly arm ourselves with all possible information and drive the case towards the best possible outcome. If the State seeks the death penalty and your life’s on the line, do not settle for an inexperienced attorney. Our law firm has a proven reputation in the legal community for defending clients against serious criminal charges like murder. It can provide the knowledge and guidance necessary to navigate the complex criminal justice system. An experienced criminal defense lawyer will work tirelessly to investigate the evidence, challenge the prosecution’s case, and build a strong defense strategy to protect your rights and achieve the best possible outcome for your case. With the help of skilled Phoenix criminal defense lawyers from Belén Law Firm, PLLC, you can increase your chances of a successful defense and a brighter future.

Why Should I Trust Your Phoenix Murder Defense Attorney to Protect My Rights and Freedom?

When facing criminal charges, particularly for violent crimes such as murder, it is essential to seek legal representation from a trusted Phoenix, AZ, criminal defense law firm. Our team of experienced criminal attorneys at Belén Law Firm, PLLC, has comprehensive experience with the criminal justice system and obtaining not-guilty verdicts for clients. Our dedicated team of legal professionals has successfully defended clients against various criminal charges, including murder. We understand the severity of murder charges and their impact on our clients’ lives. We provide personalized and aggressive legal representation to defend our client’s rights, future, and freedom. We work tirelessly to investigate the evidence, build a strong defense strategy, and challenge the prosecution’s case. With our experienced Phoenix criminal defense lawyers by your side, you can rest assured that you will receive the best possible defense against murder charges in Arizona. Contact the Belén Law Firm, PLLC, today to discuss your Arizona homicide charges with an experienced Phoenix criminal defense lawyer. We offer free case evaluations and are available 24/7. Contact us online or call 602-715-0908 to schedule an appointment.

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What Our Clients Say

"We first hired Belen and her highly esteemed team of expert litigators. For her integrity and professionalism, but during the course of our representation, we gained a degree of personal trust and reliance far exceeding our expectations. Belen demonstrated an amazing level of genuine care and compassion and an implicit desire to keep us informed and knowledgeable of each step in the process. She is a diligent and hard worker and leaves no stone unturned. Our representation was nothing short of brilliant, creative and successful! She is without a doubt the Lady I want in my corner. I would HIGHLY recommend her to anyone interested in winning their case with the least amount of headaches throughout the process."

"Belén is hands down the BEST defense attorney out there. She has the heart, compassion, determination, backbone and most of all, the desire to help her clients. Belén’s expertise and experience helped mitigate our case to receive a reduced sentence. She spent thousands of hours over the year and a half she represented our family to challenge the prosecution at every corner and on every angle. She went above what most attorneys do by hiring her own experts and investigators to ensure she went to battle fully loaded. Due to her dedication, determination and commitment, my family felt extremely satisfied and confident that she obtained the best outcome with a reduced sentence. Belén is a stand up human being who, not only represented our family, but became family. If you want the best defense attorney, Belen is your choice!"

"At a time where we felt helpless and, quite frankly traumatized, Belen stepped in and reassured us that we had options and assured us she would work her hardest for a satisfactory resolution. My teenage son needed defense against law enforcement and my family needed legal advice and support in the worst way. Despite being beaten black and blue by police officers that said he was resisting arrest, they also charged him with two felonies. We were all at a loss and Belen was able to keep us grounded as we went through the process explaining every step along the way. She worked extremely hard to expose the truth about the officer involved, and because of her hard work, the felonies were dropped. My son can go on with his life without having his record and character tarnished by these unjust accusations."

"Hire this one! I spoke to several firms before using Belen. Every other firm connected me to a sales person who refused to allow me to speak with an attorney. Belen was put on the phone when I called at 7pm on a Saturday. Belen cared about my son. He had a warrant for his arrest and did not know until he was pulled over and hauled off to jail. Belen went to the jail on Saturday, stood with my son in jail in front of the jailhouse court judge and told that judge how it was. My son walked out 2 hours later without paying for bail. The following week, she called the prosecutor and was able to get the plea reinstated from years prior that resulted in the case being fully dismissed. Also, her fees for everything were lower than the other attorneys who were trying to get me to pay over the phone. I highly recommend Belen!"