Understanding Arizona Vehicular Crimes
Facing Arizona vehicular crime charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
Lawyer Listed created this guide to provide you with a detailed overview of the most common Arizona vehicular crimes. It explains key terms and sentencing guidelines. It also answers frequently asked questions about these charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are facing Arizona vehicular crime charges, consult with a qualified Arizona vehicular crimes attorney as soon as possible. Lawyer Listed simplifies this process and matches you with an elite criminal defense lawyer tailored to your case.
Key Concepts of Arizona Vehicular Crimes:
- Criminal negligence means you fail to perceive a significant and unreasonable risk that could lead to death, which a reasonable person would have been able to perceive. This failure to perceive the risk is considered a major departure from the standard of care expected in that situation.
- Reckless means you know about and deliberately ignore a significant and unreasonable risk, leading to harmful results. 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 reckless if you create an unjustifiable risk but are unaware of such risk due to voluntary intoxication.
- Extreme indifference to human life means you engage in reckless conduct that creates a grave risk of death, demonstrating a blatant disregard for the value of human life.
- Dangerous instrument means anything that under the circumstances in which it is used is readily capable of causing death or serious physical injury. For example, a car is capable of causing death or serious physical injury if used recklessly or intentionally as a weapon.
- Pursuing law enforcement vehicle means a vehicle is either (1) a marked police car with lights and sirens going, or (2) an unmarked police car that you admit to knowing or there is evidence showing you knew it was an official law enforcement vehicle.
Vehicular Homicide: ARS 13-1102 _ ARS 13-1103 _ ARS 13-1104 _ ARS 13-1105
Arizona Vehicular Negligent Homicide (ARS 13-1102)
Vehicular negligent homicide occurs if you cause the death of another due to your criminally negligent driving. The crime is likely to be charged as a dangerous crime if your vehicle is deemed a dangerous instrument.
To convict you of vehicular negligent homicide, the prosecution must prove that you failed to recognize a substantial and unjustifiable risk of causing death. This could involve a single act of negligence, a momentary lapse in judgment, or a failure to adhere to safety standards.
Arizona Vehicular Manslaughter (ARS 13-1103)
Vehicular manslaughter occurs if your reckless driving causes the death of another. The crime is likely to be charged as a dangerous crime if your vehicle is deemed a dangerous instrument.
To convict you of vehicular manslaughter, the prosecution must prove that you knew about and ignored a substantial and unjustifiable risk of causing someone’s death. This requires demonstrating your awareness of the danger and your conscious decision to proceed despite the danger. Actions such as driving under the influence (DUI), excessive speeding, aggressive driving behaviors like weaving through traffic, or drag racing could lead to vehicular manslaughter charges.
The term “occupied structure” applies broadly. It includes buildings that are vacant or temporarily unoccupied, provided people could be close enough to face danger. The critical factor is not whether anyone was inside at the time, but rather the potential risk to human life resulting from the incident.
Arizona Vehicular Second-Degree Murder (ARS 13-1104)
Vehicular second-degree murder occurs if your extremely reckless driving causes someone’s death, under circumstances manifesting extreme indifference to human life.
To convict you of vehicular second-degree murder, the prosecution must prove that you drove in a very dangerous way, which showed you didn’t care about the lives of other people. They must also prove that your dangerous driving created a substantial risk of someone dying, and someone did die because of your recklessness. This often involves multiple reckless acts, or a single act performed under extremely dangerous conditions. For example, a DUI that also involves excessive speed, aggressive driving, or drag racing could result in vehicular second-degree murder charges.
Arizona Vehicular First-Degree Felony Murder (ARS 13-1105)
Vehicular first-degree felony murder occurs if someone dies while you are unlawfully fleeing from a pursuing law enforcement vehicle.
To convict you of vehicular first-degree felony murder, the prosecution must prove that you caused the death of someone during the commission of a qualifying felony. The qualifying felony is the act of fleeing from police, and the death must be a direct result of that act.
Penalties for Vehicular Homicide
The consequences for ARS vehicular homicide are serious and depend on the specific charge and your criminal history.
| Offense | Felony | Prison |
|---|---|---|
| Negligent Homicide | Class 4 Dangerous | 4 – 8 years |
| Manslaughter | Class 2 Dangerous | 7 – 21 years |
| Second-Degree Murder | Class 1 | 10 – 25 calendar years |
| First-Degree Felony Murder | Class 1 | Life to natural life |
Calendar year means 365 days served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from prison on any other basis. In other words, it means that every day of the sentence is served in prison.
Frequently Asked Questions (FAQs)
Vehicular Aggravated Assault: ARS 13-1204
Vehicular aggravated assault occurs if you intentionally or recklessly injure another person using a motor vehicle. Intentional injury includes acts like running down a pedestrian or ramming an occupied car to cause harm. More commonly, prosecutors charge vehicular aggravated assault as a reckless offense, such as a DUI that causes injury without intent.
There are three primary paths to vehicular assault charges:
- Fear of Injury: Intentionally placing someone in reasonable and genuine fear of immediate harm using a vehicle.
- Any Physical Injury: Intentionally, knowingly, or recklessly causing any physical injury. The key element is that a physical injury occurred, and your vehicle was the instrument that caused it.
- Serious Physical Injury: Inflicting harm that creates a risk of death, results in permanent disfigurement, or impairs bodily function long-term.
Penalties for Vehicular Aggravated Assault
Penalties for ARS vehicular aggravated assault are severe and vary based on the degree of the charge.
| Charge | Prison | Probation Eligibility |
|---|---|---|
| Class 3 dangerous felony | 5 – 15 years | No |
Frequently Asked Questions (FAQs)
Vehicular Endangerment: ARS 13-1201
ARS endangerment involves recklessly endangering another person, creating a substantial risk of imminent death or physical injury.
This crime has three key elements:
- Recklessness
- Substantial risk
- Imminent harm
Recklessness doesn’t mean intentional harm but rather acting without regard for potentially dangerous consequences. Simple negligence isn’t enough for endangerment ARS charges. Your actions must demonstrate disregard for another’s safety.
Substantial risk requires more than merely a remote possibility. Prosecutors must prove the likelihood of serious injury or death was significant.
Imminent harm means that the harm is immediate or about to happen – not a future possibility.
Arizona divides endangerment ARS charges into two categories: endangerment involving substantial risk of imminent death and endangerment with substantial risk of physical injury.
Penalties for ARS Endangerment
Punishment for endangerment in Arizona depends on the potential consequence of the reckless behavior:
| Offense | Charge | Sentence |
|---|---|---|
| Endangerment involving substantial risk of imminent death | Class 6 felony | 4 months to 2 years |
| Endangerment with substantial risk of physical injury | Class 1 misdemeanor | Up to six months in jail |
Frequently Asked Questions (FAQs)
Leaving the Scene of an Accident: ARS 28-661 _ ARS 28-662 _ ARS 28-663 _ ARS 28-664
Under Arizona hit and run laws, you commit a crime if you fail to fulfill your obligations following a collision. You are required to immediately stop, remain at the scene, and provide driver information and assistance as needed after any accident. The severity of leaving the scene charges depends on the specific circumstances.
Hit and run accidents involving injury or death carry the most severe consequences. Regardless of the severity of the injuries, you must stop, provide information, and render reasonable assistance.
Non-injury accidents have different requirements. Hitting an occupied vehicle requires you to stop, exchange information, and remain at the scene until police arrive. For unattended vehicles, you must locate the owner or leave information conspicuously on the damaged vehicle.
Penalties for ARS Hit and Run
Penalties for ARS criminal trespass vary based on the degree of the charge.
| Offense | ARS | Classification | Jail/Prison Time |
|---|---|---|---|
| Unattended Vehicle | ARS 28-664 | Class 1 misdemeanor | Maximum 6 months jail |
| Occupied Vehicle | ARS 28-662 | Class 1 misdemeanor | Maximum 6 months jail |
| Failure to Provide Information | ARS 28-663 | Class 1 misdemeanor | Maximum 6 months jail |
| Failure to Provide Aid | ARS 28-663 | Class 6 felony | 4 months to 1 year prison |
| Minor Injury | ARS 28-661 | Class 5 felony | 6 months to 2 years prison |
| Serious Injury (Not At-Fault) | ARS 28-661 | Class 3 felony | 2 to 7 years prison |
| Serious Injury (At-Fault) | ARS 28-661 | Class 2 felony | 3 to 10 years prison |
Frequently Asked Questions
ARS Felony Flight: ARS 28-622.01
ARS felony flight, under ARS 28-622.01, occurs if you willfully flee or attempt to evade a pursuing law enforcement vehicle. This charge focuses on your willful attempt to evade law enforcement, not whether you were successful in escaping.
Penalties for ARS Felony Flight
| Felony | Prison | Probation | Driver’s License |
|---|---|---|---|
| Class 5 | 6 months – 2 years | Up to 3 years | Revocation |
Frequently Asked Questions
Next Steps:
Arizona vehicular crimes are serious charges with serious consequences. 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 Arizona vehicular crime charges, engaging a skilled vehicular crimes 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 Lawyer Listed and get an experienced criminal defense attorney on your side right away.