Understanding Arizona Vehicular Homicide
Facing a vehicular homicide charge can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide provides an in-depth examination of the Arizona vehicular homicide laws. It explains key legal terminology, sentencing frameworks, and the broader implications of the following charges:
- Arizona vehicular negligent homicide: ARS 13-1102
- Arizona vehicular manslaughter: ARS 13-1103
- Arizona vehicular second-degree murder: ARS 13-1104
- Arizona vehicular first-degree murder (felony murder): ARS 13-1105
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with vehicular homicide, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What is Vehicular Homicide in Arizona?
Vehicular homicide in Arizona is an umbrella term for several offenses in which a driver causes the death of another person by the way a vehicle is used. The specific charge, and the penalties that come with it, depend on the circumstances of the incident.
Arizona Vehicular Negligent Homicide _ ARS 13-1102
ARS 13-1102 defines negligent homicide as causing the death of another person due to criminal negligence. Criminal negligence in Arizona means you failed to perceive a significant and unreasonable risk that could lead to death, and the risk is one that a reasonable person would have been able to perceive. This failure to perceive the risk must be a major departure from the standard of care expected in that situation.
Elements of Vehicular Negligent Homicide
To convict you of vehicular negligent homicide, the prosecution must prove three elements beyond a reasonable doubt:
- You failed to recognize a substantial and unjustifiable risk of causing the death of another person.
- The risk was such that the failure to perceive it was a gross deviation from what a reasonable person would observe in the situation.
- You caused the death of another person.
Actions that could lead to Arizona vehicular negligent homicide charges include failing to yield the right-of-way or running a red light due to inattention or texting while driving.
Arizona Vehicular Manslaughter _ ARS 13-1103
ARS 13-1103 defines manslaughter as recklessly causing the death of another person. Recklessness in Arizona means you knew about and deliberately ignored a significant and unreasonable risk, leading to harmful results—in this case, someone’s death. This disregard must be a major departure from what a reasonable person would do in the same situation. It is important to note that it is considered reckless if you create an unjustifiable risk but are unaware of such risk due to voluntary intoxication.
Elements of Vehicular Manslaughter
To convict you of vehicular manslaughter, the prosecution must prove three elements beyond a reasonable doubt:
You were aware of and showed a conscious disregard of a substantial and unjustifiable risk of death.
The risk was such that disregarding it was a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
You caused the death of another person.
Actions that could lead to Arizona vehicular manslaughter charges include driving under the influence (DUI), excessive speeding, aggressive driving behaviors like weaving through traffic at high speeds, and drag racing on public roads.
Arizona Vehicular Second-Degree Murder _ ARS 13-1104
ARS 13-1104 defines second-degree murder as causing the death of another person by recklessly engaging in conduct, under circumstances that show extreme indifference to human life, that creates a grave risk of causing such a death. Extreme indifference in Arizona means behaving in a way that shows a complete disregard for whether others live or die, creating a situation where someone’s death is highly likely. This typically means the driver engaged in multiple reckless acts at once or committed a single reckless act under extremely dangerous conditions.
Elements of Vehicular Second-Degree Murder
To convict you of vehicular second-degree murder, the prosecution must prove four elements beyond a reasonable doubt:
You recklessly engaged in conduct manifesting extreme indifference to human life.
Your reckless conduct created a grave risk of death to others.
The risk was such that disregarding it was a gross deviation from what a reasonable person in your situation would have done.
You caused the death of another person.
Actions that could lead to this charge include driving under the influence (DUI) plus excessive speeding, aggressive driving behaviors like weaving through heavy traffic, or drag racing in crowded areas.
Arizona Vehicular First-Degree Felony Murder _ ARS 13-1105
ARS 13-1105 defines vehicular first-degree felony murder as causing the death of another person during unlawful flight from a pursuing law enforcement vehicle. A pursuing law enforcement vehicle is defined as either (1) a marked police car with lights and sirens activated, or (2) an unmarked police car that the driver admits to knowing was a police vehicle, or there is evidence showing the driver knew it was an official law enforcement vehicle.
Elements of Vehicular Felony Murder
To convict you of vehicular first-degree felony murder, the prosecution must prove two elements beyond a reasonable doubt:
You engaged in unlawful flight from a pursuing law enforcement vehicle.
In the course of fleeing from police, you or another person caused the death of any person.
The prosecution does not need to prove that you intended to cause anyone’s death, only that you or another person caused a death of any person while you were fleeing from police.
Key Concepts of Vehicular Homicide
- Extreme indifference to human life: Acting in a manner that demonstrates complete disregard for whether others live or die, making someone’s death highly probable. This reckless disregard must represent a major departure from how any reasonable person would behave under similar circumstances.
- Recklessly: You are aware of and deliberately choose to ignore a significant and unjustifiable risk that could lead to harmful consequences—in vehicular homicide cases, the death of another person. This conscious disregard must represent a substantial departure from how a reasonable person would behave under the same circumstances.
- Criminal negligence: Failure to recognize a substantial and unjustifiable risk of causing death while acting in a manner that falls well below what a reasonable person would do under similar circumstances. This failure to perceive the risk must be a major departure from the standard of care expected in that situation.
- Dangerous instrument: Anything that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. A car, driven by someone intoxicated, is readily capable of causing death or serious injury to anyone sharing the road.
- Dangerous offense: An offense involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
Arizona Statute of Limitations for ARS Vehicular Homicide
Unlike many other criminal offenses that must be prosecuted within a specific timeframe, there is no statute of limitations for homicide in Arizona. This means prosecutors can file vehicular homicide charges regardless of how many years or even decades have passed since the alleged incident occurred.
Sentencing for Vehicular Homicide
The penalties for vehicular homicide are substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Vehicular Offense | Felony | Prison | Probation |
|---|---|---|---|
| Negligent Homicide | Class 4 Dangerous | 4 – 8 years | Not Available |
| Manslaughter | Class 2 Dangerous | 7 – 21 years | Not Available |
| Second-Degree Murder | Class 1 | 10 – 25 calendar years | Not Available |
| First-Degree Felony Murder | Class 1 | Life to natural life | Not Available |
These sentences represent mandatory prison time. There is no probation available for dangerous felonies in Arizona. If you are convicted, you will serve time in the Arizona Department of Corrections.
Calendar Year:
A calendar year means exactly 365 days of actual time served in prison without any possibility of release, suspension, or commutation of sentence, probation, pardon, parole, work furlough, or release from prison on any other basis whatsoever. This means every single day of the sentence must be served behind bars with no opportunity for early release.
Life Imprisonment:
A sentence of “Life” means imprisonment without the possibility of release for a minimum of 25 calendar years if the victim was 15 years old or older, or 35 calendar years if the victim was younger than 15 or was an unborn child.
Natural Life Imprisonment:
A sentence of “Natural Life” represents the most severe form of imprisonment. This means you will remain in prison until you die, with absolutely no possibility of commutation, parole, work furlough, work release, or release from confinement for any reason. You will not be eligible for any form of release under a natural life sentence.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Vehicular Homicides in Arizona:
- Vehicular Negligent Homicide (ARS 13-1102):
- This charge applies when you cause someone’s death due to criminal negligence
- Classification: Class 4 dangerous felony
- Penalty: 4 to 8 years in prison
- Vehicular Manslaughter (ARS 13-1103):
- This charge applies when you recklessly cause someone’s death
- Classification: Class 2 dangerous felony
- Penalty: 7 to 21 years in prison
- Vehicular Second-Degree Murder (ARS 13-1104):
- This charge applies when you recklessly cause someone’s death with extreme indifference to human life
- Classification: Class 1 felony
- Penalty: 10 to 25 calendar years in prison
- Vehicular First-Degree Felony Murder (ARS 13-1105):
- This charge applies when you cause someone’s death while unlawfully fleeing from police.
- Classification: Class 1 felony
- Penalty: Life in prison to natural life in prison
- Important Legal Terms You Need to Understand:
- Criminal Negligence: Failing to perceive a substantial and unjustifiable risk that any reasonable person should have recognized. You didn’t see the danger, but you should have.
- Recklessness: Being aware of a substantial and unjustifiable risk but consciously choosing to ignore it anyway. You saw the danger but did it anyway.
- Extreme Indifference to Human Life: Engaging in reckless conduct that creates a grave risk of death while demonstrating a blatant disregard for the value of human life. You showed you didn’t care about whether people lived or died.
- What Distinguishes These Charges: The primary difference between negligent homicide, manslaughter, and second-degree murder depends on your understanding of and response to the risks created by your driving behavior. With negligent homicide, you failed to recognize the risk. With vehicular manslaughter Arizona, you knew the risk existed and chose to ignore it. With second-degree murder, you ignored the risk and showed such extreme indifference that you essentially didn’t care about other people’s lives at all.
- Statute of limitations: There is no statute of limitations for ARS homicide charges, meaning charges can be filed at any time.
Next Steps:
Arizona vehicular homicide charges are serious criminal allegations with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing a vehicular homicide charge, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.