Difference Between Justifiable Homicide & Excusable Homicide?

An excusable homicide occurs when an individual kills another on accident, while justifiable homicide is when an individual kills another on purpose but for a valid, lawful reason. Both are somewhat rare but frequently sought criminal defense verdicts that nullify any possible criminal penalties, including prison sentences.

Justifiable Homicide

 A death can be deemed a justifiable homicide if it was done to protect oneself, others or one’s property from serious harm or death and was devoid of criminal intent or motive. The verdict frees the accused of criminal charges, sentences or penalties. Types of justifiable homicide include:

• Self-Defense: As long you are under the reasonable belief that you will die or sustain severe injuries if you don’t protect yourself, self-defense with deadly force may be justified. The force used to defend yourself, however, must be essential and proportional to the threat itself.

• Defense of Others: State law also allows you to use deadly force to protect someone else from serious harm if it’s deemed necessary.

• Defense of Property: Arizona’s “stand your ground” law can be confusing when it comes to property. Arizona Revised Statutes § 13-405 does not explicitly allow the use of deadly force to defend property in all circumstances, but it does permit its use to prevent serious felonies like arson or burglary. These types of cases can become extremely complicated, which is why it may be beneficial to consult with an Arizona board-certified criminal law specialist.

• Prevention of a Serious Felony: Lethal force can be justifiable if it’s necessary to prevent another serious felony from occurring and inflicting substantial harm, such as rape, kidnapping or arson.

• Law Enforcement: Police officers are allowed to utilize deadly force as protection if a situation is dangerous and poses a severe threat to themselves or others.

Is It Possible to Claim Self-Defense if I Used Excessive Force?

Self-defense only counts as justifiable homicide if the force utilized would be considered appropriate by a reasonable person given the circumstances. There’s a lot of room for personal perception and subjectivity in some of these scenarios, which is why these cases often go to trial before a jury. If the individual being charged defended themselves with extreme or disproportionate force considering the threat, the charge may be elevated to manslaughter or murder.

Building a Defense for Justifiable Homicide

Arizona board-certified criminal defense attorney Michael Alarid III will strive to gather persuasive evidence that helps to solidify your case as a justifiable homicide, proving:

1. The threat against you or a third party was serious and imminent.
2. You had no other options and weren’t in a position where retreat or escape would protect you or the third party.
3. Lethal force was necessary.

We’ll support your defense with all available evidence, including surveillance footage, medical records, witness testimony and other critical evidence to ensure your rights are protected and recognized in court.

Excusable Homicide

Excusable homicide is when an individual accidentally causes the death of another while acting lawfully. Murder or manslaughter can’t qualify as excusable homicide if it was intentional or due to negligence or recklessness.

Excusable homicide is commonly the result of a car crash, industrial accident or another type of unanticipated event. If the individual’s actions were legal, and they exercised proper caution, the death may be excused.

Rarely, an intentional homicide can still be seen as excusable – not justifiable – if the defendant believed at the time that their actions were necessary but later discovered they were wrong, as long as their behavior was still in accordance with the law.

Proving beyond a reasonable doubt that the defendant truly believed deadly force was necessary isn’t always easy. Working with an experienced Phoenix criminal defense lawyer may give you an advantage in building a case.

Excusable Homicide Penalties

Excusable homicide is similar to justifiable homicide in that both will not result in criminal liability. However, unlike justifiable homicide, the person responsible may face civil penalties. The loved ones or a representative of the deceased can pursue a wrongful death lawsuit or other civil case against the defendant to receive compensation and hold them financially liable for funeral costs, loss of future support and other substantial expenses.

Building a Defense for Excusable Homicide

At the Law Office of Michael Alarid III, we’ll build a compelling case that establishes the death in question was accidental or resulted from reasonable behavior. We’ll focus on gathering evidence that proves the situation was unforeseeable and entirely out of your control, working hard to free you from harsh penalties or sentences.

Receive Steadfast Legal Support in the Face of a Homicide Charge

No matter what charge you’re facing, Arizona board-certified criminal defense attorney Michael Alarid III will provide you with aggressive and attentive representation, working hard to provide a sturdy defense and protect your rights. Schedule a free case consultation today by calling (602) 818-3110 or visiting us online.