Unlike other states, Arizona has no specific “vehicular homicide” law that addresses unlawful killings related to driving. However, an Arizona resident can still be prosecuted with a manslaughter charge under ARS 13-1103 if they cause another person’s death while driving.
Some common factors that lead to a vehicular manslaughter charge are racing, excessive speed, aggressive driving, and driving under the influence. This is a serious charge that could negatively impact the rest of your life, but our Phoenix vehicular manslaughter lawyers at JacksonWhite are well-equipped to help you fight back against the charges you may be facing.
What You Need to Know About Manslaughter Charges in Arizona
Arizona does not have a specific charge for vehicular manslaughter—instead, vehicular manslaughter in Arizona is covered under the umbrella of general manslaughter in ARS 13-1103. Any action that causes severe injury or death in an accident involving a vehicle can result in a manslaughter charge, especially if negligence is involved.
Some examples of incidents that can lead to a vehicle-related manslaughter charge:
- A fatal accident may result in a murder, manslaughter, or negligent homicide charge for the at-fault driver.
- An individual intentionally targets another person with the intention of causing harm with their vehicle.
- Certain crimes, such as driving under the influence, may also come with a manslaughter charge if your actions cause someone’s death.
According to Arizona manslaughter laws, a person has committed manslaughter if they’ve recklessly caused another person to die or knowingly assisted in someone else’s suicide. Manslaughter can also mean committing second degree murder in the heat of passion or an unexpected quarrel, and recklessly or knowingly causing an unborn child’s death by injuring the mother. You may get a vehicular manslaughter charge in Arizona if the state believes that you (the driver) recklessly caused another person’s death. It must prove that you were aware or should have known about and decided to disregard the risks involved and did not behave as a “reasonable person” should have in the situation.
If you have been charged with vehicular manslaughter in Arizona, you should seek the support of a Phoenix manslaughter attorney as soon as possible to begin building a defense. Our team at JacksonWhite can help.
Motor Vehicle-Related Manslaughter Crimes
While there isn’t a specific “vehicular manslaughter” charge in Arizona, certain driving-related violations can lead to a manslaughter charge if they cause another person’s death. Unintentional vehicular manslaughter can take many forms. Some examples of vehicle-related manslaughter include the following.
Driving Under the Influence
Arizona law states that a person driving a motorized vehicle with a BAC (blood alcohol content) of at least .08 percent may receive a DUI charge. The law is a bit stricter for commercial vehicle drivers and sets the legal limit at .04 percent.
You may also receive a DUI charge if a blood test shows that you were under the influence of certain substances. If you caused someone’s death and you’re found guilty of driving under the influence, it may lead to a manslaughter charge.
Aggressive Driving
Under Arizona law, someone may receive an aggressive driving charge if they operate a vehicle at an unsafe speed and break at least two of these laws:
- Following too closely
- Changing lanes in an unsafe way
- Failing to yield
- Failing to follow traffic signs (like a stop sign)
- Driving in a way that endangers another car or person
- Passing or overtaking another vehicle by driving off the road or pavement
If you get an aggressive driving charge in Arizona and it causes another person’s death, you may also receive a manslaughter conviction.
Excessive Speed
In Arizona, exceeding 35 miles per hour while driving in a school zone, driving faster than 85 in other areas may lead to a manslaughter charge if it causes another person’s death. Similarly, exceeding the speed limit displayed in a residential or business area by 20 miles per hour or more, or at least 45 miles per hour in an area without a posted speed limit can come with a manslaughter conviction if it leads to someone’s death.
Racing
Any person who engages in an acceleration contest, drag race, speed competition, or racing of any kind on a highway or street may receive a reckless driving charge. If your actions cause another person to die, you may also get manslaughter.
Manslaughter Penalties in Arizona
Arizona law classifies manslaughter as either a “dangerous,” class 2 felony, which may result in between 4 and 10 years of prison time, or a “non-dangerous”, class 2 felony, which may result in penalties ranging from probation to several years in prison. A car may be considered a deadly instrument if the driver of the car intended to use the vehicle to harm another person, raising the charge to a “dangerous” distinction.
Penalties for manslaughter in Arizona include:
- Prison Time – A first offense can include anywhere from a year in jail to 12.5 years in prison, while a prior conviction can result in 4.5 to 23.25 years in prison, and two previous convictions can range from 10.5 to 35 years in prison.
- Fines – Along with potential jail time, charges can come with hefty fines
- Probation – A first-offense penalty can result in monitored probation, or probation may be necessary after facing a prison sentence.
- Criminal Record – Manslaughter charges can stay on your record for life, affecting opportunities for employment, housing, and other future plans.
However, complete penalties can depend on the unique circumstances of the crime. For example, if the crime involved aggravated circumstances, like a BAC of .15 or more, you may get up to 21 years in prison. If the jury determines that the car was used intentionally as a deadly weapon, you may face a minimum of 7 years in prison and a maximum of 21 years.
If you are charged with either intentional or unintentional vehicular manslaughter, it’s important to seek the support of a skilled attorney as soon as possible so that you can develop a successful legal strategy. Our criminal defense attorneys at JacksonWhite will help you build a successful defense against the prosecution.
Possible Defense Strategies for Vehicular Manslaughter
If you’ve received a manslaughter charge, there are a variety of defenses you can use to minimize your risks of facing the harshest penalties under the law. In order to craft the best possible defense against your charges, you should consult an experienced Phoenix manslaughter attorney for support. At JacksonWhite, we’ve used a variety of defenses to advocate for reduced or even dropped charges for our clients.
Our attorneys have used some of the following common defense strategies:
- Lack of Intent – If there was no intent to cause harm or death, our attorneys can advocate for reduced or dismissed charges.
- Challenging Claims of Recklessness – If you’ve received a manslaughter charge, proving that you weren’t reckless and didn’t ignore the risks involved in your actions could be a valid defense.
- Faulty Evidence – One method for accomplishing this is investigative techniques that explore how the police determined your driving speed or how closely they followed alcohol testing protocol.
- Violation of Rights – Other potential defense methods include checking whether law enforcement violated your rights by coercing you to confess to a crime or failing to provide a reading of your Miranda Rights.
- Faulty Equipment – If a mechanical failure or an issue with the vehicle led to the accident, our attorneys can argue that you were not at fault.
- Mitigating Factors – We’ll advocate for you in court and present evidence to defend your character and make a case for reduced charges, such as a lack of a criminal record or a strong personal background.
The best defense for a vehicular manslaughter charge depends on the circumstances of your case. The best way to build an effective defense strategy and determine a path forward for your case is to consult a vehicular manslaughter attorney. During an initial consultation, we’ll learn more about your case and discuss your defense options.
Potential Outcomes if You Hire JacksonWhite Law
When facing a harsh charge from the state, it’s crucial that you have a skilled defense attorney by your side. You should always seek the support of an attorney as soon as possible—a vehicular manslaughter attorney provides you a better chance of building an effective defense against a harsh prosecution.
When you work with our attorneys here at JacksonWhite Law, you may be able to experience some of the following outcomes:
- Case Dismissal – By exposing a lack of evidence or procedural issues with the case, we may be able to have your charges dismissed.
- Reduced Charges – We will advocate for reduced charges to a lesser offense by highlighting details of your case.
- Plea Bargain – Our attorneys will negotiate with the prosecution and advocate for a plea agreement that results in lesser penalties.
- Acquittal – With a strong defense strategy and the right circumstances, we may be able to have your charges dropped entirely by seeking a not-guilty verdict in trial.
- Reduced Sentencing – We will build a case that advocates for a reduced sentence with less severe penalties, such as probation or community service.
- Restitution Agreements – Our attorneys will negotiate with the prosecution to seek restitution instead of harsh penalties, pursuing options like classes or community service instead.
- Post-Conviction Relief – After being convicted of a crime, you may be able to seek an appeal or challenge your conviction to reduce your sentence, and we can help.
Every case is different, so the potential outcomes vary depending on your unique circumstances. The best way to get a better understanding of your potential outcomes is to consult a Phoenix manslaughter lawyer about your case. Our team at JacksonWhite Law offers free initial consultations to gather an understanding of your case and begin building a potential defense strategy.
Previous Case Results
At JacksonWhite, we’ve helped countless clients achieve a more positive outcome for their cases. In DUI, reckless driving, and other vehicle-related cases, we’ve helped our clients avoid the maximum penalties—we’ll help you do the same for your vehicle-related manslaughter case.
By advocating for our clients and building strong defense strategies, we’ve achieved some of the following results:
- In the Kyrene Justice Court, we helped a client facing two counts of DUI receive classes and counseling with no jail time.
- In Scottsdale City Court, for a client facing one count DUI, a speeding charge, and multiple other charges for reckless driving, we helped them receive only a class 1 misdemeanor, drug screening, and fines while dropping all of the other charges.
These are just a few examples of the results we can accomplish for our clients. If you’ve been charged with vehicle-related manslaughter in Arizona, we can help you avoid the harshest penalties under the law. You should never face a prosecution alone—working with our Phoenix vehicular manslaughter lawyers will help you maximize your chances of receiving the best possible outcome for your case.
Get Help from an Experienced Phoenix Manslaughter Attorney
A vehicular manslaughter charge is serious, with penalties that can extend as far as years in prison. If you have been charged with vehicular manslaughter in Arizona, then it’s essential that you have an experienced and knowledgeable vehicular manslaughter lawyer on your side to help you fight back against your charges and secure your potential for the lowest possible charges.
Our team at JacksonWhite Law has decades of experience in defending our clients against harsh penalties for manslaughter and other cases. With a detailed and compassionate approach, we’ll work to understand your case and build a defense that maximizes your chances of avoiding harsh penalties.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to schedule a consultation and discuss your case today.
FAQ on Manslaughter and Related Crimes in Arizona
Here are some commonly asked questions regarding manslaughter and similar offenses:
Q: How does negligent homicide differ from manslaughter?
While they’re similar crimes, negligent homicide and manslaughter aren’t the same. However, a “negligence” standard has to do with a deviation from an expected standard of care, while manslaughter applies a “recklessness” standard.
Q: What is the difference between murder and manslaughter?
Both murder and manslaughter involve death, but the crimes are completely different. Murder crimes are split into two types: first and second-degree murder. A person has committed first-degree murder when they take someone else’s life in an intentional and premeditated way. Second-degree murder also involves intentionally killing another, just without the premeditation element (spontaneously).
Manslaughter, on the other hand, means knowingly or intentionally killing someone in the heat of passion, intentionally killing someone under force, recklessly causing death, intentionally helping someone commit suicide, and causing the death of a fetus by hurting the mother.
Q: What are some other examples of manslaughter crimes?
Handling a firearm recklessly could lead to a manslaughter charge if the gun goes off and unintentionally kills someone. In other cases, someone may leave a baby on their own in a bathtub, which accidentally leads to the child’s death. As mentioned, manslaughter charges may also be related to driving, such as a DUI crime that kills another person.
