A fatal traffic accident can change lives in an instant. Even when a driver never intended to hurt anyone, law enforcement and prosecutors may begin an extensive criminal investigation to determine whether the driver's conduct crossed the line from an accident into criminal behavior.
In a suspected vehicular manslaughter case, investigators may examine:
A driver's history may also become relevant in some cases, particularly when DUI or other serious driving allegations are involved.
However, the fact that a fatal accident occurred does not automatically establish criminal liability. Prosecutors must prove the elements of the specific criminal offense charged beyond a reasonable doubt.
Pajerski Law, based in Phoenix, represents individuals facing serious criminal accusations throughout the area. Attorney Chad Pajerski is a board-certified criminal defense specialist with more than 20 years of experience navigating Arizona's criminal justice system.
If you or a loved one is facing criminal charges following a fatal vehicle accident, contact Pajerski Law today to schedule a free consultation and learn more about your legal options.
The phrase "vehicular manslaughter" is commonly used to describe a death allegedly caused by dangerous or unlawful driving.
Prosecutors determine what homicide charge may apply based on the circumstances of the collision, the available evidence, and the driver's alleged mental state.
Under A.R.S. § 13-1103, a person commits manslaughter in one applicable circumstance by recklessly causing the death of another person. Manslaughter is classified as a Class 2 felony in Arizona.
In a fatal driving case, prosecutors may attempt to establish recklessness using evidence involving circumstances such as:
These circumstances do not automatically establish manslaughter. The prosecution must still prove that the defendant possessed the mental state required by Arizona law and that the alleged conduct caused the death.
A fatal vehicle accident may instead result in a negligent homicide charge. Under A.R.S. § 13-1102, negligent homicide occurs when a person causes another person's death with criminal negligence. Negligent homicide is a Class 4 felony.
One of the most important differences between negligent homicide and manslaughter is the driver's alleged awareness of the risk. Arizona's definition of criminal negligence generally concerns failing to perceive a substantial and unjustifiable risk, while recklessness involves being aware of a risk and consciously disregarding it.
Arizona also has a separate offense called causing death by use of a vehicle under A.R.S. § 28-675. This offense may apply in certain circumstances when a person is not legally permitted to operate a motor vehicle, causes another person's death while driving, and commits one of the traffic violations specifically identified by the statute.
Depending on the circumstances, causing death by use of a vehicle may be classified as a Class 3 or Class 4 felony. Whether this statute applies depends on the driver's license status, the alleged traffic violation, and the circumstances surrounding the collision.
That distinction can significantly affect both the charge and the potential penalties.
Under particularly serious circumstances, prosecutors may pursue second-degree murder rather than manslaughter.
One theory of second-degree murder under A.R.S. § 13-1104 applies when a person, under circumstances manifesting extreme indifference to human life, recklessly engages in conduct creating a grave risk of death and thereby causes another person's death. Second-degree murder is a Class 1 felony.
Some of the most serious fatal vehicle cases involve allegations that the driver was under the influence of alcohol or drugs.
When an allegedly impaired driver is involved in a fatal accident, prosecutors may pursue DUI charges in addition to a homicide offense such as manslaughter or negligent homicide.
Evidence frequently examined in DUI-related fatal accident cases includes:
Attorney Chad Pajerski can review not only what the test results show but also how evidence was obtained, handled, tested, interpreted, and presented.
The possible punishment following a fatal vehicle accident depends heavily on the specific offense charged and the defendant's criminal history.
Manslaughter is a Class 2 felony in Arizona.
If imprisonment is imposed for a first felony offense under Arizona's general non-dangerous felony sentencing statute, A.R.S. § 13-702 provides the following Class 2 prison terms:
These ranges do not necessarily apply to every manslaughter case. Different sentencing provisions may apply based on factors of the case.
Negligent homicide is a Class 4 felony.
If imprisonment is imposed under Arizona's general first-time, non-dangerous felony sentencing framework, Class 4 prison terms include:
These prison ranges do not necessarily apply in every case. Probation may be available in some non-dangerous cases when the defendant is otherwise eligible, while different sentencing provisions may apply based on the offense, criminal history, and circumstances of the case.
Arizona has separate sentencing rules for felonies that are alleged and proven to constitute dangerous offenses.
For a first Class 2 dangerous felony under A.R.S. § 13-704, the sentencing range is 7 years minimum, 10.5 years presumptive, and 21 years maximum. However, the dangerous-offense sentencing scheme does not automatically apply to every vehicle-related manslaughter case. Whether it applies depends on the allegations and legal findings in the individual case.
Because Arizona sentencing laws are complex, anyone facing a homicide charge should discuss their specific situation with an experienced criminal defense attorney rather than relying solely on a general sentencing range.
At Pajerski Law, we offer free case evaluations so Chad can listen to your story and provide clarity of your steps forward. He uses over 20 years of experience to fight for your freedom.
People choose Chad Pajerski because he provides experienced, personalized criminal defense representation tailored to the unique circumstances of each case.
When you work with Pajerski Law, you can expect:
An accusation involving the death of another person is among the most serious situations someone can face in Arizona's criminal justice system. Depending on the charge and circumstances, a conviction may result in years of imprisonment and consequences that affect nearly every area of a person's life.
If you or a loved one has been arrested, charged, or is under investigation following a fatal vehicle accident 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, and he will do everything in his power to fight for your freedom.
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