Negligent Homicide is a form of murder under Arizona law. Even accidents may be charged as negligent homicide if the prosecution believes the person who caused the accident failed to perceive a substantial and unjustifiable risk. Arizona classifies this conduct as homicide, though, it is the lowest level of homicide under the law.
If you or a loved one has been charged with negligent homicide, it is important that you consult with a criminal defense attorney. When working with our law firm, you will have an experienced attorney who will provide an aggressive representation so that you can have the best chance to get your case resolved. We offer free consultations to help you determine what your next steps need to be.
ARS 13-1102 requires the prosecution to prove beyond a reasonable doubt that you or a loved one caused the death of another person with criminal negligence. The law also does not require a person to have had any intention to kill when they commit negligent homicide.
Acting with criminal negligence means that you failed to recognize a substantial and unjustifiable risk that could have or did cause the death of another person. Objectively, this means the risk is one that a reasonable person would not have taken. What raises the degree of negligence from ordinary civil liability to criminal liability is when you grossly deviate from what a reasonable person would have done in a similar situation. Arizona calls this criminal negligence, while some states call it gross negligence.
For example, you are driving at 110 mph, run a red light, and kill someone in the crosswalk and/or you are driving after drinking alcohol or smoking weed and you kill someone. In both cases, there was no intention to cause serious harm or kill, but their failure to act in a way that an ordinary person would act in that situation raises it to the level of criminal negligence. It is a fine line between what is a tragic accident or criminal liability.
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Negligent homicide is a class 4 felony, and the potential sentence differs according to:
If neither 1 or 2 apply, then the sentence would range somewhere between probation with no prison time, and 3.75 years.
If you have a criminal record, then the possible sentence increases to:
If there was a dangerous weapon or instrument used, then:
If you use a dangerous weapon or instrument, and have a criminal record:
At the Nava Law Firm, our team is dedicated to helping and representing you. You will have an experienced attorney who will provide an aggressive representation so that you can have the best chance to get your case resolved.
Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Glendale and other areas around Arizona. If you are in need of an experienced criminal defense attorney in Maricopa County, please contact us today to schedule your free case evaluation.
The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.
A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.
Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.
