Negligent Homicide
A.R.S. § 13-1102 — Negligent Homicide
Under A.R.S. § 13-1102, a person commits negligent homicide by causing the death of another person, including an unborn child, through criminal negligence. Criminal negligence is more than ordinary carelessness — it requires a gross deviation from the standard of care that a reasonable person would observe in the same situation.
Common Scenarios
Negligent homicide charges in Tucson frequently arise from fatal car accidents, particularly those involving impaired driving. They also occur in cases involving accidental shootings, workplace incidents, or other situations where a person’s reckless disregard for safety results in death.
Penalties
Negligent homicide is a Class 4 felony. For a first-time offender, this carries a presumptive sentence of 2.5 years in prison, with a range of 1 to 3.75 years.
Possible Defenses
Defenses often focus on whether the defendant’s conduct actually rose to the level of criminal negligence, as opposed to ordinary negligence or simple accident. An experienced defense attorney may also challenge the causation element or raise issues with the investigation itself.