Manslaughter

Under A.R.S. § 13-1103, a person commits manslaughter by recklessly causing the death of another person, or by committing what would otherwise be second degree murder upon a sudden quarrel or in the heat of passion resulting from adequate provocation by the victim.

Reckless vs. Intentional Conduct

The key distinction between manslaughter and murder is the defendant’s mental state. Manslaughter does not require proof of intent to kill. A reckless killing occurs when the defendant is aware of and consciously disregards a substantial and unjustifiable risk that their conduct will cause death.

Penalties

Manslaughter is a Class 2 felony. A first-time offender faces a presumptive sentence of 5 years, with a range of 3 to 12.5 years.

Defenses

Defenses may include challenging whether the defendant’s conduct was truly reckless, establishing that the death was accidental, or arguing self-defense. In heat-of-passion cases, the defense focuses on establishing that the provocation was sufficient to cause a reasonable person to lose self-control.