Phoenix Vehicular Homicide Lawyer

To begin with, homicide is used in the Arizona Criminal Code not as a single offense, but rather as a category that includes a number of crimes involving taking the life of another human being. The differences between the various homicide offenses are in part a function of the mental state (intentional, negligent, etc.) of the defendant. Those crimes include:

• Negligent Homicide. This offense consists of causing the death of another person with “criminal negligence.” Criminal negligence is further defined as the failure perceive the existence of a substantial and unjustifiable risk. That failure is more than mere negligence, however; it must be a “gross deviation” from the standard of care that would be observed by a reasonable person in a like situation. Examples of negligent homicide involving motor vehicles might, depending upon the circumstances, include running a stop sign and causing the death of a pedestrian, distracted driving, etc. The charge could change, of course, if additional evidence surfaces. Negligent homicide is a class 4 felony.
• Manslaughter is similar to negligent homicide, except that it involves (at least within the area of vehicular homicide) causing another person’s death through reckless behavior. Reckless behavior is more culpable than negligent behavior. While both involve a gross deviation from the ordinary standard of care of a reasonable person, manslaughter consists of behavior where the defendant is aware of a substantial and unjustifiable risk, and consciously chooses to disregard that risk. The statute goes on to state that if you are unaware of such a risk as the result of voluntary intoxication, you acted recklessly. Causing a death while intoxicated is often, but not always, charged as manslaughter. Manslaughter is a class 2 felony.