Negligent homicide allegations can arise from many different circumstances. Unlike vehicular manslaughter cases, they are not limited to fatal traffic accidents.
Investigators may examine cases involving:
A tragic accident and criminal negligence are not necessarily the same thing.
Under Arizona law, prosecutors must establish more than the fact that someone's actions contributed to another person's death. The state must prove the specific mental state of criminal negligence.
This generally means establishing that a substantial and unjustifiable risk existed, that the defendant failed to perceive that risk, and that the failure represented a gross deviation from the standard of care a reasonable person would have observed under the circumstances.
The prosecution must also establish that the defendant's alleged criminal negligence caused the death.
These cases can depend heavily on the individual facts surrounding the incident. Witness testimony, medical findings, accident reconstruction, toxicology, expert opinions, electronic evidence, and other information may all become important.
Attorney Chad Pajerski has more than 20 years of experience navigating Arizona's criminal justice system and is a board-certified criminal defense specialist. He can review the circumstances surrounding the death and whether the state can establish every element of the charge.
Under A.R.S. § 13-1102, a person commits negligent homicide when, with criminal negligence, the person causes the death of another person. Negligent homicide is classified as a Class 4 felony in Arizona.
The distinction between an accident and criminal negligence can become one of the most important issues in these cases.
Negligent homicide and manslaughter both involve the death of another person, but there is an important difference between the mental states required for each offense.
The distinction largely concerns the defendant's alleged awareness of the risk.
Negligent homicide involves criminal negligence.
The state generally alleges that the defendant failed to perceive a substantial and unjustifiable risk and that the failure to recognize the risk constituted a gross deviation from reasonable care.
Negligent homicide is a Class 4 felony.
Under A.R.S. § 13-1103, one way a person commits manslaughter is by recklessly causing the death of another person.
Recklessness generally means that a person was aware of a substantial and unjustifiable risk and consciously disregarded that risk.
Manslaughter is a Class 2 felony.
The distinction can be summarized as:
Criminal negligence: The defendant allegedly failed to perceive a substantial and unjustifiable risk.
Recklessness: The defendant allegedly recognized a substantial and unjustifiable risk and consciously disregarded it.
This distinction can have a significant effect on both the criminal charge and the potential penalties someone faces.
Negligent homicide cases can arise from a wide variety of circumstances. The central question is whether prosecutors can establish that the defendant caused another person's death while acting with criminal negligence.
A serious traffic accident may result in negligent homicide allegations if prosecutors believe the driver's conduct amounted to criminal negligence.
Potential allegations may involve:
However, even when a driver made an error, prosecutors must still establish that the conduct satisfies Arizona's criminal negligence standard.
An accidental shooting or other firearm-related death may lead investigators to examine how a firearm was stored, handled, or discharged.
The specific circumstances surrounding the incident become extremely important when determining whether the conduct involved criminal negligence rather than an accident.
In cases involving drugs or controlled substances, investigators may examine the defendant's actions, what the defendant allegedly knew, the circumstances surrounding the use or provision of a substance, and the medical cause of death.
Causation can become particularly important when multiple substances or other medical factors are involved.
Deaths involving machinery, dangerous equipment, unsafe conditions, or alleged failures to follow safety procedures can also lead to criminal investigations.
Investigators may examine training records, safety procedures, equipment, witness statements, expert findings, and other evidence when determining whether criminal charges are appropriate.
None of these circumstances automatically establishes negligent homicide. The state must still prove every required element of the offense beyond a reasonable doubt.
With more than 20 years of criminal defense experience, Chad works directly with clients to protect their rights and build a defense based on the specific facts of the case. He can review the circumstances surrounding the incident, examine the evidence being used by investigators, and determine whether the facts actually support an allegation of criminal negligence.
Negligent homicide is classified as a Class 4 felony under A.R.S. § 13-1102.
The potential sentence depends on the defendant's criminal history, circumstances surrounding the offense, and which Arizona sentencing provisions apply.
If a first-time offender is sentenced to prison under Arizona's general non-dangerous felony sentencing statute, A.R.S. § 13-702 provides the following Class 4 prison terms:
Probation may also be available in some non-dangerous cases depending on the defendant's eligibility and the circumstances of the case.
These sentencing terms do not necessarily apply to every negligent homicide case. A defendant's criminal history, the circumstances surrounding the offense, other charges, and applicable sentencing statutes can affect the potential consequences.
Arizona also has separate sentencing rules for felonies that are alleged and proven to constitute dangerous offenses.
For a first Class 4 dangerous felony under A.R.S. § 13-704, the sentencing range is:
Dangerous-offense sentencing does not automatically apply to negligent homicide. Whether it applies depends on the allegations and legal findings involved in the individual case.
At Pajerski Law, we offer free case evaluations so Chad can listen to your story and provide clarity on your steps forward. He uses more than 20 years of experience to fight for your freedom.
People choose Chad Pajerski because negligent homicide allegations require careful attention to the evidence, the defendant's alleged mental state, and the circumstances surrounding the death.
When you work with Pajerski Law, you can expect:
Negligent homicide is a serious felony accusation involving the death of another person. The difference between an accident, ordinary negligence, criminal negligence, and recklessness can become central to how the case proceeds.
If you or a loved one has been arrested, charged, or is under investigation for negligent homicide in Phoenix, contact Pajerski Law to schedule your free case evaluation.
Attorney Chad Pajerski is a board-certified criminal defense specialist with more than 20 years of experience. He works directly with his clients and will do everything in his power to protect your rights and fight for your freedom.
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