In manslaughter cases, death is confirmed to not be the intention of the defendant, but their actions were performed with the knowledge and intention of causing harm to another person (i.e. The key element in a manslaughter charge is recklessness, which refers to any conduct expected to put others in the danger of injury or death. In Arizona, someone can also be charged with negligent homicide if their impaired driving resulted in the death of an unborn child. The defense needs to prove that their client was negligently unaware of the risks of driving under the influence at the time of the accident. In the case of DUI, the person being charged is thought to have been disregarding of the laws against drinking and driving as killed someone accidentally as a result.

carelessness, lack of attention or willful blindness). In order to prove negligent homicide, the key element is proof that the person being charged acted out of criminal negligence and the act resulted in the victim’s death.Ĭriminal negligence refers to the state of mind that the person was in at the time of the accident and the suspect’s intention (or lack thereof) to cause harm (i.e.

The penalties for this charge are significantly lower than the other two, but it is a class 4 felony and holds a minimum jail sentence of one year with a potential time in jail of 8 years. This kind of charge is one of the most favorable. If a person driving under the influence if found guilty of causing another person’s death while under the influence, they can find themselves facing a charge under one of three categories: They are treated as intentional crimes that carry the same penalties as any other homicide or assault charge. Vehicular manslaughter is defined as a crime that causes the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding.ĭepending on the circumstances, it can be charged as a misdemeanor or a felony.Īrizona is one of four states that does not have specific or separate criminal charges for drunk driving accidents that result in the death of someone. Many states have specific laws for homicides involving a vehicle, and there is usually a separate set of regulations and penalties for vehicular homicide. (Last Updated On: October 23, 2018) Arizona and Vehicular Homicide

Personal Injury Lawyers Near Me Tucson Az.Sean Thrush: Family Law Attorney Tucson.upcomingregionalsection.cms?parentid=61017241&genere=*:* /upcomingregionalsection.

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