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Negligent Homicide Charges in Arizona?
An Accident Isn't Always a Crime.
Negligent homicide is a Class 4 felony in Arizona and is often filed after a fatal crash, a firearm accident, or a workplace incident where no one intended harm. Because these cases turn on whether your conduct rose to criminal negligence, we recommend you promptly speak to a criminal defense attorney experienced in handling negligent homicide cases in Maricopa County.
Most people charged with negligent homicide in Arizona never intended to hurt anyone. They looked down at a phone. They rolled through a stop sign. They left a firearm where a child could reach it. Under ARS 13-1102, a momentary failure of attention that ends in someone’s death is a Class 4 felony, and Arizona prosecutes it.
Negligent homicide is the least severe homicide charge in the state, but “least severe” is relative. A conviction is a felony that costs you the right to vote until restored, the right to possess a firearm permanently, and in most fatal vehicle cases, a mandatory prison sentence with no probation available. The charge also carries something the sentence does not capture: ordinary people, with no criminal history, suddenly facing prison over an accident.
Matthew Lopez Law defends negligent homicide charges throughout Arizona. Contact our firm for a confidential consultation.
The statute is short. A person commits negligent homicide if, with criminal negligence, the person causes the death of another person, including an unborn child. The offense applies to an unborn child at any stage of development, with statutory exceptions for authorized medical procedures, medical treatment of the mother or child, and for the mother herself.
Everything turns on that one phrase.
Arizona defines criminal negligence in ARS 13-105, and the definition is more demanding than most people assume. The state must prove that the defendant:
Two things follow from this. First, criminal negligence is about what the defendant did not see. That is what separates it from recklessness, where the defendant was aware of the risk and chose to disregard it. Second, ordinary carelessness is not enough. Civil negligence, the standard that decides a wrongful death lawsuit, is a lower bar than criminal negligence. A defendant can be liable for money damages and still not be guilty of a crime, and that distinction is a real defense.
Negligent homicide is a Class 4 felony. As with other violent offenses, the sentence depends heavily on whether the state alleges the offense was a dangerous offense under ARS 13-704.
| Charging Posture | First-Offense Range | Presumptive | Probation Available |
| Non-dangerous Class 4 felony | 1 to 3.75 years | 2.5 years | Yes |
| Dangerous Class 4 felony | 4 to 8 years | 6 years | No |
The dangerous designation applies when the offense involved a deadly weapon or dangerous instrument. Because Arizona treats a motor vehicle as a dangerous instrument, most fatal-crash negligent homicide charges are filed as dangerous offenses, which converts a probation-eligible case into one with a four-year prison floor.
Prior felony convictions raise both ranges under ARS 13-703. A conviction also carries fines up to $150,000 plus surcharges under ARS 13-801, and restitution to the victim’s family.
Arizona has no dedicated vehicular homicide statute, so fatal crashes are prosecuted on the general homicide ladder. Negligent homicide sits at the bottom of it, which means two things for a defendant.
If you are charged with negligent homicide, the state has already concluded it cannot prove recklessness. That is worth understanding, because it means the case rests on the narrow gap between civil carelessness and criminal negligence.
If you are charged with manslaughter, negligent homicide is the target. Manslaughter as a dangerous Class 2 felony carries 7 to 21 years. Negligent homicide as a dangerous Class 4 carries 4 to 8. Reducing the charge one step saves well over a decade at the top of the range, and it is the most valuable achievable outcome in many fatal-crash cases.
Ordinary negligence, not criminal negligence. This is the central defense. The state must prove a gross deviation from the reasonable standard of care, not merely a mistake. Establishing that the defendant’s conduct, while regrettable, fell within the range of ordinary human error defeats the charge entirely.
No substantial and unjustifiable risk. If the risk of death was not substantial or was justifiable under the circumstances, the definition is not met.
Causation. The state must prove the defendant’s conduct caused the death. In crash cases, this opens the door to accident reconstruction, event data recorder downloads, roadway design analysis, vehicle defect review, and the conduct of the deceased or a third party. Intervening medical care and pre-existing conditions matter as well.
Defeating the dangerous allegation. Contesting the dangerous offense designation restores probation eligibility and removes the four-year floor. This is frequently the single highest-value motion in the case.
Superseding cause. Where another driver, a mechanical failure, or a third party’s conduct was the actual cause, the chain of causation breaks.
Accident. A genuine accident, without criminal negligence, is not a crime. Arizona law does not criminalize every death that follows a mistake.
| Charge | Mental State | Class |
| First degree murder | Premeditation or felony murder | Class 1 |
| Second degree murder | Intentional, knowing, or extreme indifference | Class 1 |
| Manslaughter | Reckless, aware of the risk | Class 2 |
| Negligent homicide | Criminal negligence, failed to perceive the risk | Class 4 |
Under ARS 13-107(A), a prosecution for any homicide may be commenced at any time, and that includes negligent homicide.
Negligent homicide cases are defended in the space between an accident and a crime. Establishing that a client failed to meet a reasonable standard of care without grossly deviating from it, and contesting the dangerous offense allegation, are what keep an ordinary person out of prison after a tragedy.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Payment plans available. Every interaction confidential.
Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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