You’ve driven safely your entire life. Now, because of a single collision, you’re facing vehicular manslaughter charges. Whether you’ve been arrested or fear the police’s questioning, you have the right to partner with a Phoenix vehicular manslaughter lawyer.
The team at Gurion Legal knows how to build a solid argument for even the most complex criminal defense cases. We aim to protect your freedom, well-being, and future. For more information about moving ahead, call us today.
Our Lawyers Defend People from Vehicular Manslaughter Charges in Phoenix
When you cause someone else’s death while using a car, truck, or another motor vehicle, you can face vehicular manslaughter charges. Intent has nothing to do with the penalties you face. Even if you made a genuine mistake and fatally injured another person, the state may still charge you with a crime.
Per state law, manslaughter occurs when a person:
- Recklessly causes another person’s death
- Commits non-premeditated second-degree murder during a quarrel or in the heat of passion
- Knowingly aids someone’s suicide
- Recklessly or knowingly causes an unborn child’s death through physical violence to the mother
You feel enough guilt after unintentionally hurting another person. The state’s penalties shouldn’t compound your trauma. You deserve to walk away from this unfortunate event with your legal rights, goals, and future intact.
What to Know About Our Vehicular Manslaughter Attorneys?
If you face vehicular manslaughter charges in Phoenix, a criminal defense attorney with Gurion Legal can thoroughly investigate your case and establish a sound defense. Our team provides reliable legal counsel to clients facing a variety of charges, including violent crimes, homicides, driving under the influence (DUI), and vehicular manslaughter.
With extensive experience in criminal proceedings, our team has a reputation for aggressive advocacy in high-stakes criminal litigation. Our firm’s successful defense strategies have earned glowing testimonials from our clients. We have also received accolades from the American Institute of DUI/DWI Attorneys and the American Society for Legal Advocates.
Gurion Legal is certified in Criminal Law practice by the State Bar of Arizona Board of Legal Specialization, and our committed team handles everything from misdemeanors to serious felonies. We can put our expertise to work for your vehicular manslaughter case.
Defenses We May Use in a Phoenix Vehicular Manslaughter Case
At Gurion Legal, we know that a serious offense can permanently impact every aspect of your life. Although we cannot guarantee specific results, you can rest assured that we can thoroughly investigate the details of your case and develop a robust defense to seek a desirable outcome.
To establish your case, we may employ the following defenses:
You Are Innocent of Vehicular Manslaughter
In some cases, the authorities arrest the wrong suspect on vehicular manslaughter charges. For example, if the police pursue a suspect of a hit and run accident, and you happen to match the description, they could wrongfully arrest you.
If you are wrongfully under investigation or arrested for a vehicle fatality, our attorneys can help you build a case to prove your innocence. Our team will gather arrest records, witness statements, police reports, photos, and videos to establish your alibi and defend you from false accusations.
There Is Insufficient Evidence to Prove You Committed Manslaughter
To prove vehicular manslaughter, the prosecution must show that your reckless actions caused someone else’s death. The evidence must also prove beyond a reasonable doubt that you knew your actions could endanger others.
Our team can examine every line of reasoning to find the holes in the prosecutor’s logic. We can point out when evidence is unclear or fails to establish a causal link. In addition, we aim to remove any illegal or circumstantial evidence. If even the smallest doubt exists, the jury cannot convict.
The Death Was Purely Accidental
Vehicular manslaughter charges are reserved for purposefully negligent acts that result in a fatal vehicle accident. If you caused a vehicle collision in which someone died, but you operated your vehicle safely and legally, the jury cannot ethically convict you.
For instance, if another driver’s erratic driving caused you to lose control and strike a pedestrian, it would be difficult for a jury to find you guilty of manslaughter. Gurion Legal can investigate all causes of the accident and build a solid defense.
You Acted in Self-Defense or in the Defense of Another
If you struck someone with your vehicle in self-defense or to defend another person, you could claim justifiable homicide. To establish this defense, we would gather evidence to show that you acted to prevent immediate harm to yourself or others.
Arizona permits deadly force in certain circumstances, if necessary, to prevent:
- Burglary
- Arson
- Kidnapping
- Manslaughter
- Murder
- Sexual conduct with a minor
- Sexual assault
- Child molestation
- Armed robbery
- Aggravated assault
A criminal defense attorney who handles vehicular manslaughter cases can assess your situation and help you determine whether self-defense is an appropriate defense strategy.
Another Party Violated Your Constitutional Rights
When you face criminal charges in Phoenix, the police, detectives, and other authorities must honor your constitutional rights, which include:
- The right to remain silent
- The right to a speedy trial
- The right to an impartial jury
- The right to face your accusers
- The right to an attorney
The arresting authorities must read your Miranda Rights, which include the right to remain silent and the right to an attorney, before police question you. Per the Fourth Amendment of the U.S. Constitution, they must also have probable cause or reasonable suspicion to secure a warrant for search and seizure.
If the police, investigators, or prosecution secured evidence in violation of your constitutional rights, we can seek a mistrial and possibly have your charges dismissed altogether. Speak with the attorneys at Gurion Legal to find out how violations of your constitutional rights could lead to a reduction or dismissal of vehicular manslaughter charges.
There Are Procedural Inconsistencies and/or False Witness
During the arrest and investigation for vehicular manslaughter, the authorities must adhere to consistent procedural standards as established by federal, state, and local laws. If they deviate from these procedures, they may render the results of their investigation inadmissible in court.
They may also compromise their case if they lead or encourage a witness to make false statements. As your attorneys, we can cross-examine witnesses to discover inconsistent or false witness statements. Similarly, if the arresting officer did not follow the correct procedures for DUI or alcohol testing, we could move to dismiss that information.
Without sufficient evidence to prove that you were both reckless and at fault, prosecutors reduce your charges or drop them altogether. To learn more about your possible defense options, we encourage you to connect with our team today.
We Hope to Dismiss the Penalties You Could Face for Vehicular Manslaughter
Vehicular manslaughter is a Class 2 felony in Phoenix. A Class 2 felony is the second most serious felony charge you can face, following Class 1 felonies for murder.
Class 2 felonies are punishable by about 10 years in prison. If you have prior felony convictions, you could face a longer sentence. You could also face more prison time if convicted of other crimes related to the vehicular manslaughter charges.
If convicted of a Class 2 felony, you may face financial penalties in the form of fines and civil damages. After your prison sentence ends, you could have trouble securing employment, housing, or financing, as a felony will appear on any criminal background checks. As a convicted felon, you could also lose your right to vote in elections.
No matter what the circumstances surrounding the vehicular fatality, the criminal defense attorneys at Gurion Legal can leverage their legal experience to reduce or eliminate certain penalties.
Charges Related to Phoenix Vehicular Manslaughter
When you face charges as serious as vehicular manslaughter, you may also face other related charges. Charges you could see in addition to vehicular manslaughter include:
Driving Under the Influence
In Phoenix, drivers with a blood alcohol concentration (BAC) greater than .08 percent are considered alcohol impaired and can be charged with a DUI. Commercial vehicles have an even lower threshold at .04 percent. If you fatally injured someone with your motor vehicle while under the influence of alcohol or drugs, you could face a DUI in addition to vehicular manslaughter.
Driving Over the Speed Limit
Recent reports from the National Highway Traffic Safety Administration (NHTSA) show that more than 11,000 people pass away in speeding-related accidents annually. Speeding means driving over the posted speed limits but can also include driving too fast for weather, road repairs, or low light conditions. If you sped and caused a fatal collision, you could face compounded charges in addition to vehicular manslaughter.
Aggressive or Reckless Driving
State law specifically prohibits aggressive or reckless driving behaviors, such as speeding, swerving, tailgating, passing illegally, and disobeying traffic signs and signals. If your accident involved reckless or aggressive driving behavior, you could face reckless driving charges in addition to vehicular manslaughter.
Aggravated Assault or Assault With a Deadly Weapon
If you intentionally strike someone with your vehicle, or if you intentionally drove your vehicle while intoxicated, you could also face aggravated assault charges. According to state statutes, a person can face assault or aggravated assault charges if they recklessly or knowingly endanger someone’s safety.
What to Expect When You Face Vehicular Manslaughter Charges in Phoenix?
If you’re worried about facing criminal charges, you should consider consulting a lawyer about your case. An attorney familiar with Phoenix manslaughter cases can accompany you to interviews, hearings, and trial proceedings.
Although every case is different, most criminal cases follow these steps:
- Investigation and arrest: The authorities may arrest you at the scene of the alleged crime, or they may investigate the case and arrest you later.
- Booking: You go into custody at the local police station. Officials enter your information into the police system, and you remain there pending charges.
- Grand jury indictment: For a felony charge (like vehicular manslaughter), a grand jury may hear the evidence and decide whether the state should bring charges.
- Initial appearance: If you are not already in custody, you will receive a date and time to appear before the court. You will also learn of the formal charges against you.
- Posting bail: During your initial appearance, the court will determine whether you can be released on bail or bond, or if you must remain in custody until the next hearing.
- Preliminary hearing: The prosecution establishes its case and presents evidence to show probable cause. The judge will decide to proceed based on available evidence or dismiss due to insufficient evidence.
- Plea agreement: Prior to declaring your plea, you can try to reduce your charges or seek more lenient sentencing in exchange for pleading guilty to a lesser charge.
- Arraignment: During your arraignment hearing, you can plead guilty, not guilty, or no contest. If you plead not guilty, your case will continue to trial.
- Criminal trial: Both sides will present their cases before the judge and jury. The prosecution will try to prove that you are guilty beyond a reasonable doubt. Your defense will claim otherwise.
- Sentencing: If found guilty, a separate hearing will take place within 30 days of your verdict for sentencing. Sentences may include incarceration, probation, fines, restitution, community service, and counseling.
The vehicular manslaughter attorneys at Gurion Legal leave no stone unturned in our defense investigation. You can rely on our team to actively advocate for your legal rights throughout the entire process.
Contact Us Today to Discuss Your Phoenix Vehicular Manslaughter Case
At Gurion Legal, we know that your future could hinge on small details. Although we cannot guarantee an outcome, we will aggressively fight to seek a full dismissal of your vehicular manslaughter charges. If the facts of your case prevent a dismissal, we will handle negotiations to reduce your charges and penalties as much as possible.
Whether you are under investigation or have already been arrested, we are here to help. Contact our vehicular manslaughter attorneys in Phoenix to learn more about your legal rights and options. Dial (480) 800-0020 to start your no-obligation case review.
