Unlike many other states, Arizona doesn’t have a “vehicular homicide” statute that applies exclusively to driving-related unlawful killings. However, an Arizona motorist who causes the death of another person while behind the wheel can be prosecuted under the state’s more general homicide laws. Depending on the circumstances, a fatal accident could result in negligent homicide, manslaughter, or murder charges against the at-fault driver.
All homicides involve the unlawful killing of another person. The difference between the three types comes down to the mental state of the defendant. Here’s how negligent homicide, manslaughter, and second-degree murder are defined in Arizona.
Negligent homicide. A motorist can be convicted of negligent homicide for causing the death of another person while driving in a criminally negligent manner. A person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
Manslaughter. A motorist who kills another person while driving “recklessly” can be charged with manslaughter. A person acts with recklessness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.
So the difference between negligence and recklessness—and therefore between negligent homicide and manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of manslaughter, whereas a person without such awareness is guilty of negligent homicide.
Second-degree murder. A person commits second-degree murder by recklessly engaging in conduct that creates a “grave risk of death” to another person. To be convicted of second-degree murder, the circumstances of the crime must show an “extreme indifference to human life.”
The difference between manslaughter and second-degree murder is a matter of degree. And the dividing line isn’t always clear. However, in general, second-degree murder requires proof of a more culpable mental state than recklessness, the mental state for manslaughter.
(Ariz. Rev. Stat. Ann. § 13-105, 13-1102, 13-1103, 13-1104 (2017); State v. Walton, 133 Ariz. 282 (1982).)
The consequences of a driving-related homicide conviction depend on the circumstances. But generally, the possible penalties are:
For any driving-related homicide, having a blood alcohol concentration (BAC) of .15% or more is an aggravating factor that can lead to a sentence in the upper end of the allowable range.
(Ariz. Rev. Stat. Ann. § 13-701, 13-702, 13-705, 13-710, 13-1102, 13-1103, 13-1104 (2017).)
HOW MUCH TIME WOULD YOU ACTUALLY SPEND IN JAIL?
Sentencing law is complex. For example, a statute might list a “minimum” jail sentence that’s longer than the actual amount of time (if any) a defendant will have to spend behind bars. All kinds of factors can affect actual punishment, including credits for good in-custody behavior, “suspended” sentences, and jail-alternative work programs.
If you face criminal charges, consult an experienced criminal defense lawyer. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation.
Murder, manslaughter, and negligent homicide are serious criminal charges. If you’ve been arrested for a driving-related killing—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.