Phoenix Criminal Law News - Find a Phoenix Criminal Attorney

Phoenix Criminal Law News - Find a Phoenix Criminal Attorney

Jodi Arias was convicted Wednesday of first-degree murder, and jurors will start hearing evidence in the aggravation phase of the trial starting Thursday, the Associated Press reports.

This phase of the trial marks the beginning of the jury's determination of whether Arias should receive the death penalty. However, there are still at least three potential ways in which she could avoid capital punishment.

Here's an overview of how that could happen:

While most of us dread jury duty, it is possible to get kicked off a jury after you've been selected. Jurors are sometimes excused even in the middle of trial, as happened to three jurors in the Jodi Arias murder case, ABC News reports.

While your goal as a good juror should be to pay attention and impartially evaluate a case, there are many possible ways to get kicked off a jury in Arizona.

Here are five of the most common reasons for a juror to be excused:

What to Expect at Your Phoenix Criminal Trial

Getting arrested for a crime and facing a Phoenix criminal law trial is an extremely stressful event. That is why it is extremely important to familiarize yourself with the process of a criminal trial if your case is being heard in court.

The purpose of a trial is for a jury of your peers to examine the evidence against you and determine if you committed the crime. You are innocent until proven guilty, and the burden is on the prosecutor to convince the jury that you committed the crime.

Here are the six major stages of a criminal trial:

Even criminal defendants are protected by a number of constitutional rights. Of course, these rights won't do you much good unless you're aware of them.

Since you never know when you may have a run-in with the law, it's important to familiarize yourself with your rights as a suspect or criminal defendant. Below, we've outlined three of the most important constitutional amendments for criminal defendants.

How to Claim Self-Defense Under Arizona Law

If you are charged with assault or battery in Arizona, you may be able to claim self-defense.

Generally, in Arizona, a person is justified in threatening or using physical force against another when the force is necessary to protect himself against the other person's unlawful use of force.

Keep in mind that the use of force must be reasonable, and the belief that the other person will strike you also must be reasonable. So you can't simply strike a person if you weren't really being threatened or in a dangerous situation in the first place.

Expunge Your Conviction, Clean Up Your Record

A criminal record isn't exactly a hot accessory, but you don't have to carry it around with you forever. Or at least, you don't have to if you can expunge your prior convictions.

Except that Arizona doesn't call it expungement. Under state law it's known as setting aside a conviction. But the effect is the same: Your record is cleared. That makes certain things easier, like getting a job or an apartment.

If you can clear your record, obviously you want to do it. But not everyone can; it depends on what crime was committed.

Defining Homicide: The Felony Murder Rule

Homicide laws make it illegal to kill another human being in almost every circumstance, whether it's intentional, reckless, or even unintended. The crimes associated with that are murder, manslaughter, and felony murder respectively.

While the first two categories are much more well known, felony murder is the weird cousin that everyone forgets about. But in Arizona it's still against the law.

Originally an uncodified part of common law (i.e., enforced by courts, not via legislation), Arizona law now classifies felony murder as a form of first-degree murder. But what is it exactly?

First Degree? Second Degree? What Do Degrees of Murder Mean?

The common denominator in all murder cases is that someone ends up dead, but the law makes distinctions between first degree and second degree.

Actually, the law makes a lot of distinctions between different types of homicide. In Arizona, that includes murder, manslaughter, and negligent homicide. To cover the wide range of murder cases, the state divides it into two categories.

Like with most crimes, the difference rests on the intent of the person who committed the crime. It’s not just about the killing; it’s also about the violation of social norms.

Celebrating 50 Years of Gideon and the Right to Counsel

This year, 2013, is the 50th anniversary of Gideon v. Wainwright, a Supreme Court case that defined the right to counsel.

Never heard of the case? We'll bet you know about it even if the name doesn't sound familiar. Let's try it by a different name: How about the right to have an attorney provided if you can't afford it? Does that sound familiar?

We thought so. The right to a public defender is pretty popular, and it's thanks to Gideon that you have it.

Theft, Burglary, Robbery: What's the Difference?

Newspaper stories on crime are filled with legal terms like theft, burglary, and robbery. But not a lot of stories explain how each of these crimes differ.

These offenses all fall under the idea of stealing, but property crimes are about more than that. Any time property is taken or destroyed, there's a criminal charge that could apply to the person who is arrested.

The difference between the charges is important because it affects how serious the sentence for each crime can be. So, what is the difference?