Vehicular Homicides

Vehicular homicide in Arizona includes various offenses where the use of a vehicle leads to someone’s death. The specifics of the charges and penalties depend significantly on the specific circumstances.

Several key factors determine the severity of the crime: intent of the driver, the degree of recklessness involved, and aggravating circumstances. Understanding these details is crucial for knowing the potential legal consequences you could face.

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 is when a person fails 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 sitution.

To convict you of vehicular negligent homicide, the prosecution must show that you failed to recognize a substantial and unjustifiable risk of causing death, acting far below what a reasonable person would do. This could involve a single act of negligence, like not yielding the right-of-way, which leads to a fatal accident.

The key difference between negligent homicide and manslaughter is the driver’s awareness of the risk. In negligent homicide Arizona, the driver just failed to see the risk. In vehicular manslaughter Arizona, the driver knew the risk and ignored it.

Vehicular negligent homicide, under ARS 13-1102, is a Class 4 felony. The crime will likely be charged as a dangerous crime, alleging that your vehicle was a dangerous instrument capable of causing death or serious injury. Vehicular negligent homicide sentence Arizona, as a Class 4 dangerous felony, includes 4 to 8 years in prison.

Arizona Vehicular Manslaughter _ ARS 13-1103

ARS 13-1103 defines manslaughter as recklessly causing the death of another. Recklessness in Arizona is when a person knows about and deliberately ignores 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 reckless if a person creates an unjustifiable risk but is unaware of such risk due to voluntary intoxication.

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. Actions that could lead to this charge include driving under the influence (DUI), excessive speeding, aggressive driving behaviors like weaving through traffic, and drag racing.

The key difference between manslaughter and negligent homicide is the driver’s awareness of the risk. In vehicular manslaughter Arizona, the driver knew the risk and ignored it. In negligent homicide Arizona, the driver just failed to see the risk.

Vehicular manslaughter, under ARS 13-1103, is a Class 2 felony. The crime will likely be charged as a dangerous crime, alleging that your vehicle was a dangerous instrument capable of causing death or serious injury. Vehicular manslaughter sentence Arizona, as a Class 2 felony, includes 7 to 21 years in prison.

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 manifesting extreme indifference to human life, that creates a grave risk of causing such a death. This usually means the driver engaged in multiple reckless acts or a single reckless act under extremely dangerous conditions.

To convict you of vehicular second-degree murder, the prosecution must prove (1) that you acted in a very dangerous way that showed you didn’t care about the lives of other people, (2) the dangerous action created a significant risk of someone dying, and (3) someone died because of your dangerous actions. Actions that could lead to this charge include driving under the influence (DUI) plus excessive speeding, aggressive driving behaviors like weaving through traffic, or drag racing.

The key difference between second-degree murder and manslaughter is the driver’s degree of disregard. In vehicular manslaughter Arizona, the driver knew the risk and ignored it. In second-degree murder Arizona, the driver showed that he didn’t care about the lives of those around him.

Second-degree murder, under ARS 13-1104, is a Class 1 felony. Vehicular second-degree murder sentence Arizona, as a Class 1 felony, includes 10 to 25 calendar years in prison. Calendar year means 365 days’ actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from prison on any other basis. It means that every day of the sentence is served in prison.

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 either (1) a marked police car with lights and sirens going, or (2) an unmarked police car that the driver admits to knowing or there is evidence showing the driver knew it was an official law enforcement vehicle.

To convict you of vehicular first-degree felony murder, the prosecution must prove that you caused the death of someone while unlawfully fleeing from a pursuing law enforcement vehicle.

First-degree felony murder, under ARS 13-1105, is a Class 1 felony. Vehicular first-degree felony murder sentence Arizona, as a Class 1 felony, includes prison for life or natural life. A sentence to natural life means a person is not eligible for any type of release, like parole or work release. A sentence to life means the person must serve at least 25 years in prison if the victim was 15 or older and at least 35 years in prison if the victim was younger than 15 or an unborn child before being considered for any type of release.