Manslaughter VS Criminally Negligent Homicide in Arizona
This article discusses the following:
- What is Manslaughter Under Arizona Law?
- What is Negligent Homicide Under Arizona Law?
- What are the Main Differences Between Manslaughter and Criminally Negligent Homicide In Arizona
- Can Manslaughter or Negligent Homicide Charges Be Reduced or Dismissed?
- 7 Frequently Asked Questions
- Contact a Criminal Defense Attorney From Kolsrud Law Offices
In Arizona, charges like manslaughter and negligent homicide apply when a death happens unintentionally, but understanding the difference between the two can feel overwhelming.
These charges depend on the circumstances, the accused person’s mental state, and the level of care—or lack of care—taken in the situation.
If you or someone you care about is facing criminal charges for the death of another person, it’s important to know what these terms mean and how the legal system views them. A moment of reckless behavior or even a lapse in judgment can lead to life-changing consequences under Arizona’s strict laws.
In this article, we’ll break down the difference between manslaughter and negligent homicide, what the law requires for each charge, and how an experienced criminal defense attorney can help.
What is Manslaughter Under Arizona Law?
Under Arizona law, manslaughter is defined in ARS § 13-1103 as a criminal offense involving the reckless or intentional causation of another person’s death under specific circumstances.
It differs from murder charges because it generally lacks premeditation or the intent to kill, making it a lesser but still severe crime.
Manslaughter can occur in several ways under Arizona law, including:
- Recklessly Causing Death: The most common form involves acting with reckless disregard for human life. For example, driving at dangerously high speeds or handling a weapon carelessly can result in manslaughter charges if someone dies as a result.
- Heat of Passion Killing: Manslaughter may be charged if someone causes a death in a sudden and intense emotional response, such as discovering infidelity and reacting violently.
- Assisted Suicide: Arizona law includes assisting another person in committing suicide as manslaughter.
- Unintentional Death During an Illegal Act: Manslaughter may also apply if a person unintentionally causes a death while committing a crime that is not classified as a felony.
Manslaughter is classified as a Class 2 felony in Arizona, with penalties ranging from 7 to 21 years in prison, depending on mitigating or aggravating factors such as prior criminal history or the specifics of the incident.
What is Negligent Homicide Under Arizona Law?
Negligent homicide is defined under ARS § 13-1102 as causing the death of another person through criminal negligence.
Criminal negligence refers to a failure to perceive a substantial and unjustifiable risk that results in a fatal outcome.
This risk must be of such a nature that a reasonable person would recognize and act to avoid it.
Negligent homicide typically involves actions or omissions that reflect a significant lack of care or foresight but do not rise to the level of recklessness. Examples include:
- Failure to Secure Dangerous Items: Leaving a loaded firearm where a child can access it, leading to a fatal incident.
- Careless Handling of Animals: Allowing a known dangerous dog to roam freely, resulting in a deadly attack.
- Driving-Related Incidents: Causing a fatal accident by failing to observe basic traffic rules, such as stopping at a red light or yielding to pedestrians.
Negligent homicide is classified as a Class 4 felony in Arizona. The penalties for a conviction can range from 1 to 3.75 years in prison for first-time offenders. However, the presence of aggravating factors—such as a prior criminal history or actions deemed especially negligent—can increase the sentence.
What are the Main Differences Between Manslaughter and Criminally Negligent Homicide in Arizona
While both manslaughter and criminally negligent homicide involve the death of another person, the two charges are distinct under Arizona law in terms of the mental state of the accused, the severity of the actions, and the associated penalties.
⑴ Mental State of the Defendant
- Manslaughter (ARS § 13-1103): This offense requires proof of recklessness. Recklessness involves a conscious disregard of a substantial and unjustifiable risk that results in a fatal outcome. The person must be aware of the risk but choose to ignore it.
- Negligent Homicide (ARS § 13-1102): In contrast, negligent homicide involves criminal negligence. This means the person failed to recognize a risk that a reasonable person would have perceived and acted to avoid. Negligence is less culpable than recklessness because it does not involve a conscious disregard for safety.
⑵ Severity of Actions
- Manslaughter typically involves more egregious behavior than negligent homicide. For example, driving under the influence at excessive speeds and causing a fatal accident is more likely to be classified as manslaughter.
- Negligent homicide is associated with less deliberate actions, such as failing to secure a dangerous object or not following basic safety precautions.
⑶ Penalties
- Manslaughter: Classified as a Class 2 felony under ARS § 13-1103, it carries penalties ranging from 7 to 21 years in prison, depending on aggravating or mitigating factors.
- Negligent Homicide: Classified as a Class 4 felony under ARS § 13-1102, it carries a prison sentence of 1 to 3.75 years for first-time offenders, though aggravating factors can increase the sentence.
⑷ Burden of Proof
- For manslaughter, the prosecution must prove that the defendant was aware of the risk but recklessly disregarded it. This often requires evidence of the defendant's actions and intent.
- For negligent homicide, the prosecution must establish that the defendant’s failure to recognize the risk was so significant that it rose to the level of criminal negligence.
⑸ Public Perception and Legal Implications
- Manslaughter is generally viewed as a more severe offense due to the reckless nature of the actions involved. It often carries heavier social and legal consequences.
- Negligent homicide, while still a serious offense, is seen as less severe because it arises from carelessness rather than a conscious decision to disregard safety.
| Aspect | Manslaughter (ARS § 13-1103) | Negligent Homicide (ARS § 13-1102) |
|---|---|---|
| Mental State | Involves recklessness, where the accused is aware of the substantial risk and consciously disregards it. | Involves criminal negligence, where the accused fails to perceive a risk that a reasonable person would recognize. |
| Severity of Actions | Typically involves egregious actions like driving under the influence at high speeds, resulting in death. | Associated with less deliberate actions, such as failing to secure a dangerous object or ignoring safety precautions. |
| Penalties | Classified as a Class 2 felony; penalties range from 7 to 21 years in prison, depending on circumstances. | Classified as a Class 4 felony; penalties range from 1 to 3.75 years in prison, with a mitigated sentence of 1 year. |
| Burden of Proof | The prosecution must prove the defendant acted recklessly with awareness of the substantial risk. | The prosecution must demonstrate that the defendant's failure to recognize the risk constituted criminal negligence. |
| Public Perception and Legal Implications | Viewed as a more severe offense due to the intentional disregard for safety, with greater social and legal consequences. | Seen as less severe since it results from carelessness rather than deliberate recklessness. |
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Can Manslaughter or Negligent Homicide Charges Be Reduced or Dismissed?
Manslaughter and negligent homicide charges can sometimes be reduced or dismissed, depending on the specifics of the case.
A criminal defense attorney may challenge the prosecution’s evidence, argue a lack of intent or recklessness, or demonstrate that the defendant acted within the standard of care.
Plea negotiations could also result in lesser charges or reduced penalties.
Additionally, if procedural errors occurred during the investigation or arrest, the charges might be dismissed.
An experienced attorney, like Josh Kolsrud at Kolsrud Law, can thoroughly evaluate your case and build a strong strategy to achieve the best possible outcome.
7 Frequently Asked Questions
What is the difference between involuntary manslaughter and negligent homicide in Arizona?
In Arizona, what some states refer to as "involuntary manslaughter" falls under the broader category of manslaughter, defined in ARS § 13-1103. Manslaughter involves reckless behavior, meaning the defendant consciously disregarded a substantial risk that resulted in a death. In contrast, negligent homicide, defined in ARS § 13-1102, occurs when a person fails to recognize a substantial and unjustifiable risk, reflecting a significant deviation from the standard of care.
What penalties could I face for manslaughter in Arizona?
Manslaughter is considered a Class 2 felony in Arizona. Sentences range from 7 to 21 years in prison, depending on the circumstances, such as prior convictions or the severity of the reckless actions. Manslaughter penalties can overlap with those for second-degree murder, depending on the specifics of the case.
What is the sentence for negligent homicide in Arizona?
- Negligent homicide is a Class 4 felony with penalties ranging from 1 to 3.75 years in prison for first-time offenders. A presumptive sentence is 2.5 years, but mitigating or aggravating factors can influence the outcome.
Can an unborn child's death lead to manslaughter or negligent homicide charges?
Yes, Arizona law allows for charges of manslaughter or negligent homicide in cases where the death of an unborn child is caused by reckless behavior or criminal negligence. However, exceptions exist, such as deaths caused by legal medical procedures.
How does reckless behavior impact a manslaughter case?
- Reckless behavior is central to proving manslaughter. It requires showing that the defendant knowingly disregarded a substantial risk, such as driving under the influence or handling a firearm carelessly. The prosecution must demonstrate that this behavior caused the victim's death.
Can negligent homicide charges result from failure to follow safety standards?
- Yes, negligent homicide can occur when a person fails to meet the standard of care in a situation where safety is critical. For example, improperly storing hazardous materials or neglecting workplace safety protocols can lead to a homicide case if someone dies as a result.
What role does intent play in manslaughter and negligent homicide cases?
- Intent differentiates manslaughter and negligent homicide from second-degree murder. While manslaughter is considered reckless and negligent homicide is unintentional, neither involves the deliberate intent to kill.
Contact a Criminal Defense Attorney From Kolsrud Law Offices
If you are facing charges of manslaughter or negligent homicide, experienced legal representation is crucial. At Kolsrud Law, Josh Kolsrud brings over a decade of experience, having handled 3,500 cases and more than 100 jury trials
Whether the charges involve manslaughter, negligent homicide, or other serious crimes, his priority is to protect your rights and work toward the best possible outcome. With a proven track record and dedication to his clients, Josh Kolsrud is the advocate you need during this challenging time.
Contact Kolsrud Law Offices today at (480) 680-9769 to schedule a confidential consultation and begin building a strong homicide defense.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
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Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
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