{"id":371565,"date":"2016-03-31T21:34:25","date_gmt":"2016-04-01T02:34:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/arizona-manslaughter-laws.html"},"modified":"2025-08-13T07:56:57","modified_gmt":"2025-08-13T12:56:57","slug":"arizona-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/arizona-manslaughter-laws.html","title":{"rendered":"Arizona Manslaughter Laws"},"content":{"rendered":"\n
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Arizona Manslaughter Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Homicide means any killing of a human being by another human being. Defendants receive a first-degree murder charge<\/a> when they kill someone intentionally and with premeditation. In the state of Arizona, causing a person\u2019s death without intent is either manslaughter or negligent homicide.<\/blockquote>\r\n

Both of these charges are serious crimes. The penalties are less severe than those for murder.<\/p>\r\n

In the state of Arizona, causing a person\u2019s death without intending to do so is a serious crime. Penalties for manslaughter are not as severe as those for murder, but it is a Class 2 dangerous felony.<\/p>\r\n

Manslaughter in Arizona<\/b><\/h2>\r\n

Manslaughter in Arizona<\/a> differs from first- and second-degree murder because it lacks intent. Manslaughter is a death caused by recklessness<\/a>. In Arizona, a person acts recklessly when they know their actions could cause serious physical injury or death, but they choose to continue with their behavior.<\/p>\r\n

Manslaughter can also include any second-degree murder with certain mitigating circumstances. Arizona law recognizes that some situations can result in an unintended death, but the law does not excuse a defendant for recklessly causing someone else’s death.<\/p>\r\n

The circumstances leading to manslaughter charges include:<\/p>\r\n

Reckless Behavior<\/b><\/h3>\r\n

Recklessness means any action that shows a conscious disregard of a significant, unjustifiable risk to human life. Firing a gun into a building without knowing if there is anyone inside is reckless behavior. If someone dies as a result, you may face charges of manslaughter.<\/p>\r\n

Vehicular manslaughter<\/a> is not a separate charge in Arizona. If you knowingly drive while intoxicated or impaired, this reckless conduct can lead to manslaughter charges.<\/p>\r\n

Heat of Passion<\/b><\/h3>\r\n

Also called \u201csudden quarrel\u201d in Arizona law, if you intentionally kill someone after adequate provocation that a reasonable person would find compelling, the court may charge you with manslaughter rather than second-degree murder.<\/p>\r\n

\u201cHeat of passion\u201d requires an immediate response to the provocation, with no time for cooling off or reflection on the act. If there is any delay between the provocation and the killing, the court is likely to find premeditation.<\/p>\r\n

Physical Force or Coercion<\/b><\/h3>\r\n

If the threat of immediate and unlawful deadly force causes you to kill another person, you may face charges of manslaughter rather than murder. This means you performed a reckless act that was a response to an immediate threat of deadly force against you.<\/p>\r\n

For instance, suppose you are out with your spouse and a criminal grabs your shopping bag. When you confront the thief, they pull out a knife. You respond by drawing your pistol. Arizona\u2019s self-defense laws<\/a> permit you to carry a licensed firearm in self-defense when faced with lethal force. The thief responds by dropping the bag and fleeing. If you shoot and kill a bystander, you can face manslaughter charges.<\/p>\r\n

The law will not dismiss all charges because once the criminal fled, you were no longer in imminent danger. You recklessly placed others in harm\u2019s way by shooting at the criminal without checking your line of fire. Since you did not intend to kill any third parties, the charge most likely will be manslaughter.<\/p>\r\n

Aiding Suicide<\/b><\/h3>\r\n

Arizona does not have an assisted suicide law. Even if a terminally ill patient desires a release from life and a medical professional assists the act, intentional assistance of suicide is manslaughter.<\/p>\r\n

Any advice or encouragement to a minor under the age of 18 who intends to die by suicide may lead to manslaughter charges if the act is successful. Commonwealth v. Carter<\/i><\/a> established that it is \u201creckless and wanton behavior\u201d to encourage a minor to commit suicide if you’re aware the minor is in a depressed and suicidal state of mind.<\/p>\r\n

Death of a Fetus<\/b><\/h3>\r\n

The Arizona Revised Statutes exclude medically induced abortions performed by medical practitioners on knowing and consenting mothers of a fetus. The statute charges those who harm a pregnant woman while aware she is pregnant and recklessly or knowingly cause the death of her fetus.<\/p>\r\n

Negligent Homicide in Arizona<\/b><\/h2>\r\n

Negligent homicide<\/a> is similar to manslaughter. Unlike manslaughter, which requires knowledge that one\u2019s actions could result in death or serious physical injury, negligent homicide is a gross deviation from a normal standard of care resulting in death.<\/p>\r\n

With a manslaughter charge, the defendant knew death was possible but did not care. With negligent homicide, the defendant did not realize death was possible.<\/p>\r\n

Some common examples of negligent homicide include:<\/p>\r\n