Arizona Manslaughter Laws

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

Both of these charges are serious crimes. The penalties are less severe than those for murder.

In the state of Arizona, causing a person’s 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.

Manslaughter in Arizona

Manslaughter in Arizona differs from first- and second-degree murder because it lacks intent. Manslaughter is a death caused by recklessness. 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.

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.

The circumstances leading to manslaughter charges include:

Reckless Behavior

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.

Vehicular manslaughter is not a separate charge in Arizona. If you knowingly drive while intoxicated or impaired, this reckless conduct can lead to manslaughter charges.

Heat of Passion

Also called “sudden quarrel” 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.

“Heat of passion” 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.

Physical Force or Coercion

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.

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’s self-defense laws 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.

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’s 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.

Aiding Suicide

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.

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 established that it is “reckless and wanton behavior” to encourage a minor to commit suicide if you’re aware the minor is in a depressed and suicidal state of mind.

Death of a Fetus

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.

Negligent Homicide in Arizona

Negligent homicide is similar to manslaughter. Unlike manslaughter, which requires knowledge that one’s actions could result in death or serious physical injury, negligent homicide is a gross deviation from a normal standard of care resulting in death.

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.

Some common examples of negligent homicide include:

• Parents accidentally leaving a child in a hot car for too long
• Party-goers leaving an unconscious friend on their back
• Hunting and shooting at targets without knowing what is downrange

Negligent homicide cases often involve family members, close friends, and terrible accidents. Often, these deaths result from either gross lapses in judgment or ignorance of the best thing to do in an emergency. The law treats these cases as gently as possible while still acknowledging that the defendant caused the death of another person.

The following section highlights the main provisions of Arizona’s manslaughter and negligent homicide laws. Additional information is available through FindLaw’s Voluntary Manslaughter Penalties and Sentences and Involuntary Manslaughter Penalties and Sentences articles.

Penalties

Manslaughter is a Class 2 felony with a possible prison sentence ranging from three to 12.5 years, depending on a number of factors. Things that can affect the sentence include:

• Prior felonies
• Use of a deadly weapon
• Mitigating factors, such as age or duress
• Aggravating factors, such as lying in wait or retaliatory motives

The presumptive sentence is five years. Defendants may also pay fines, restitution, and court costs.

Negligent homicide is a Class 4 felony. Similar factors can weigh in sentencing for negligent homicide, although the lack of intent often means there are no aggravating circumstances. The presumptive sentence for a Class 4 felony is 2.5 years. Sentences range from one to 3.75 years. The sentence may include fines, restitution, and court fees.

Get Legal Advice From an Arizona Criminal Defense Attorney

Although manslaughter and negligent homicide are separate charges, they are often used as “lesser included charges” for more serious offenses like first- and second-degree murder. If you or a loved one is facing any of these homicide charges, get help from an experienced Arizona criminal defense lawyer.