Understanding Arizona Murder – Negligent Homicide: ARS 13-1102
Facing Arizona negligent homicide charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the negligent homicide Arizona law. It explains key terms and the negligent homicide sentence in Arizona. It also answers frequently asked questions about your charges.
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 negligent homicide, let Lawyer Listed match you with your ideal Arizona homicide lawyer as soon as possible.
What is ARS Negligent Homicide?
Arizona negligent homicide is a specific category of homicide that occurs if you cause the death of another person through criminal negligence rather than intentional action. Under Arizona law, criminal negligence exists if you fail to perceive a substantial and unjustifiable risk that your conduct could result in someone’s death—a risk that any reasonable person in similar circumstances would have readily recognized and understood.
This fundamental failure to perceive such obvious danger constitutes a gross deviation from the standard of care that society expects from responsible individuals in comparable situations. In other words, criminal negligence means that you did not recognize a significant risk or danger that most would appreciate.
Essential Elements of ARS Negligent Homicide:
- Death of another person: Your negligent conduct must have directly resulted in the death of another human being, including unborn children.
- Criminal negligence: You must have failed 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 element requires prosecutors to demonstrate that your behavior deviated significantly from accepted standards of care.
- Causation: Your specific actions or failures to act must constitute the direct and proximate cause of another person’s death. The prosecution bears the burden of proving that the victim’s death occurred as a direct result of your negligent conduct, establishing a clear causal connection between your behavior and the fatal outcome.
- Absence of intent: Unlike other homicide charges, negligent homicide Arizona cases do not involve intentionally killing someone or causing serious harm.
Negligent Homicide Sentence Arizona:
The penalties for Arizona negligent homicide are severe, with sentences varying significantly based on the type of charge filed, your prior criminal history, and the circumstances surrounding the crime. Understanding these potential consequences is essential for making informed decisions about your defense strategy.
The following table summarizes the potential criminal consequences for Arizona negligent homicide, depending on whether the crime is charged as a dangerous or non-dangerous offense:
| Offense | Felony | Dangerous | Prison | Probation (max) |
|---|---|---|---|---|
| Negligent Homicide | Class 4 | Non-dangerous | 1 – 3.75 years | 4 years |
| Negligent Homicide | Class 4 | Dangerous | 4 – 8 years | Not available |
Dangerous Offense
ARS negligent homicide will qualify as a dangerous offense if it involves one of the following circumstances:
- Use of a deadly weapon: A deadly weapon includes anything specifically designed to kill, such as firearms, knives, or other weapons.
- Use of a dangerous instrument: A dangerous instrument is any object that could readily cause death or serious physical injury based on how someone uses it. This could include vehicles operated negligently or even common household items that harm others by the way they were used.
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:
- Definition: Arizona negligent homicide under ARS 13-1102 involves causing another person’s death through criminal negligence rather than intentional conduct. This offense centers on the failure to exercise reasonable care, not on any deliberate intent to cause harm or death.
- Essential legal elements:
- Death of another person: Your negligent conduct must have directly resulted in someone’s death, with Arizona law specifically including unborn children within this definition.
- Criminal negligence: You must have failed to recognize a substantial and unjustifiable risk of causing death that any reasonable person would have perceived, representing a gross deviation from expected standards of care.
- Causation: Your negligent conduct must be the direct and proximate cause of the victim’s death, requiring prosecutors to establish a clear causal connection between your actions and the fatal outcome.
- Absence of intent: Prosecutors do not need to prove intent to kill, as the absence of such intent remains a defining characteristic of negligent homicide Arizona cases.
- Sentencing:
- Class 4 felony (non-dangerous offense):
- Prison sentence: 1 – 3.75 years
- Probation eligibility: up to 4 years
- Class 2 felony (dangerous offense):
- Prison sentence: 4 – 8 years
- Class 4 felony (non-dangerous offense):
- Probation eligibility: completely unavailable
- Dangerous offense classification:
- The use of deadly weapons or dangerous instruments can significantly increase minimum sentences and eliminate probation options entirely.
Next Steps:
Arizona negligent homicide charges represent serious criminal allegations, with consequences that can affect the rest of your life. The charges and the resulting sentence depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing negligent homicide Arizona charges, engaging a skilled homicide attorney is essential 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 attorney on your side right away.