Manslaughter Defense
A manslaughter charge often grows out of a moment that went wrong, such as a fight, a crash or a decision made in seconds. You need someone to slow the case down and look carefully at what the evidence shows.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1103 lists the ways a person can commit manslaughter, including recklessly causing a death and a killing on a sudden quarrel or heat of passion.
- How it is classified: A class 2 felony under § 13-1103(D).
- Possible sentence (first offense): If proven dangerous, 7 to 21 years in prison, 10.5 presumptive (A.R.S. § 13-704(A)); if not dangerous, the A.R.S. § 13-702(D) range of 3 to 12.5 years, and probation may be possible.
- Where the case is heard: Maricopa County Superior Court, in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St., or South Court Tower, 175 W. Madison St.). Confirm the building on your current notice.
- What to do now: Do not discuss the facts with anyone, including investigators, until you have spoken with a lawyer. Call (480) 405-6767 or contact us.
What the law says
Manslaughter is defined in § 13-1103. Most cases fall under the first two forms:
- Reckless manslaughter, § 13-1103(A)(1): "recklessly causing the death of another person." Under A.R.S. § 13-105(10)(c), you act recklessly when you are aware of and consciously disregard "a substantial and unjustifiable risk," and ignoring it is a "gross deviation" from what a reasonable person would do. A person who is unaware of the risk only because of voluntary intoxication still acts recklessly.
- Sudden quarrel or heat of passion, § 13-1103(A)(2): conduct that would be second degree murder under A.R.S. § 13-1104(A), committed "on a sudden quarrel or heat of passion resulting from adequate provocation by the victim."
"Adequate provocation" means "conduct or circumstances sufficient to deprive a reasonable person of self-control" (A.R.S. § 13-1101(4)). The statute requires that the provocation come from the victim, so provocation by someone else does not fit this form. The statute also covers other situations, shown in the table below, including a killing under duress and certain deaths by suicide. You can compare all of Arizona's homicide charges on our main page.
How it is classified
Every form of manslaughter is a class 2 felony under § 13-1103(D). The State may also allege that the offense was dangerous, which changes the sentencing range.
| Form | What the State must prove |
|---|---|
| § 13-1103(A)(1) | Recklessly causing the death of another person |
| § 13-1103(A)(2) | Second degree murder committed on a sudden quarrel or heat of passion resulting from adequate provocation by the victim |
| § 13-1103(A)(3) | Intentionally providing the physical means another person uses to die by suicide, knowing the person intends to die |
| § 13-1103(A)(4) | Second degree murder under § 13-1104(A)(3) while coerced by the use or threatened immediate use of unlawful deadly physical force that a reasonable person could not have resisted |
| § 13-1103(A)(5) | Knowingly or recklessly causing the death of an unborn child by physical injury to the mother |
| § 13-1103(B) | An adult intentionally providing advice or encouragement, including a "directed communication," that a minor uses to die by suicide, knowing the minor intends to |
Possible penalties
A key sentencing question in many manslaughter cases is whether the State alleges and proves a dangerous offense. Under § 13-105(13), that means an offense involving "the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument," or the intentional or knowing infliction of serious physical injury. A vehicle or another object can be alleged to be a dangerous instrument if, as used, it was "readily capable of causing death or serious physical injury" (§ 13-105(12)).
| First offense | Range | Source |
|---|---|---|
| Dangerous | 7 years minimum, 10.5 presumptive, 21 maximum; prison required | § 13-704(A) and (G) |
| Not dangerous | 3 years mitigated, 4 minimum, 5 presumptive, 10 maximum, 12.5 aggravated | § 13-702(D) |
A person sentenced under § 13-704(A) "is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis" until the sentence is served, with narrow exceptions in the statute (§ 13-704(G)). When the offense is not dangerous, the court has more options, and probation may be possible. Under A.R.S. § 13-902(A)(1), probation for a class 2 felony may continue for seven years unless ended sooner.
Prior convictions raise the ranges. For example, one prior class 1, 2 or 3 dangerous felony moves a dangerous class 2 offense to 14 to 28 years (§ 13-704(D)). Manslaughter is also a "serious offense" under A.R.S. § 13-706(F)(1), which matters for the repeat-offender life sentence in § 13-706(A).
Consequences beyond the sentence
- Record: Because manslaughter is a serious offense, A.R.S. § 13-911(O) lists it among offenses that "are not eligible to be sealed." A set-aside under A.R.S. § 13-905 is unavailable for a dangerous offense or a felony where the victim was under fifteen (§ 13-905(P)). If neither applies, a set-aside may be possible later.
- Driver license: If the death resulted from driving, A.R.S. § 28-3304(A)(1) requires MVD to revoke the license once a conviction for "a homicide or aggravated assault resulting from the operation of a motor vehicle" is final.
- Firearms: A felony conviction makes you a prohibited possessor under A.R.S. § 13-3101(A)(7)(b) until your right to possess a firearm is restored. Federal law separately makes it unlawful for a person convicted of a crime punishable by more than one year in prison to possess a firearm (18 U.S.C. § 922(g)(1)). See our prohibited possessor page.
- Immigration: If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea. Federal law makes a noncitizen deportable for certain convictions, including an "aggravated felony" (8 U.S.C. § 1227(a)(2)).
- Employment: A violent felony conviction can affect jobs, professional licenses and housing. Avoiding jail is not the same as avoiding a conviction.
How we defend manslaughter cases
Manslaughter cases often turn on a few seconds of conduct and on what the person was aware of at the time.
- Reckless or negligent: Recklessness requires awareness of the risk. If the evidence shows you failed to perceive the risk rather than consciously disregarding it, the facts may fit negligent homicide, a class 4 felony under A.R.S. § 13-1102, instead.
- Self-defense and justification: Arizona law allows deadly physical force in limited situations (A.R.S. § 13-405), and § 13-405(B) says there is no duty to retreat if you are "in a place where the person may legally be and is not engaged in an unlawful act." If the defense presents evidence of justification, "the state must prove beyond a reasonable doubt that the defendant did not act with justification" (A.R.S. § 13-205(A)).
- Causation: The State must prove your conduct caused the death. Medical records, the autopsy and, in crash cases, an independent reconstruction can be reviewed.
- The dangerous allegation: Whether an object was used as a dangerous instrument, and whether the allegation can be proven, can decide whether prison is mandatory or probation may be possible.
- Heat of passion: When the State charges murder, evidence of a sudden quarrel or heat of passion provoked by the victim may support manslaughter instead (§ 13-1103(A)(2)).
- Mitigation: Your history, mental health, remorse and the circumstances of the event may be presented to the court.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Reckless manslaughter requires that you were aware of a substantial and unjustifiable risk and consciously disregarded it. Negligent homicide applies when a person "fails to perceive" that kind of risk (§ 13-105(10)(d)). Manslaughter is a class 2 felony, while negligent homicide is a class 4 felony.
Yes. A death caused by reckless driving can be charged as manslaughter under § 13-1103(A)(1), and the State may allege the vehicle was a dangerous instrument. Alcohol or drug allegations may also bring related charges; see our DUI defense and aggravated DUI pages.
If the State proves the offense was dangerous, prison is required under § 13-704(G). If it is not alleged as dangerous, the § 13-702(D) range applies and probation may be possible, depending on the facts and your history.
No. Under A.R.S. § 13-107(A), "a prosecution for any homicide" may be commenced at any time, and § 13-1101(2) defines homicide to include manslaughter.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1103: Manslaughter; classification; definition
- A.R.S. § 13-704: Dangerous offenders; sentencing
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-1104: Second degree murder; classification
- A.R.S. § 13-1101: Definitions
- A.R.S. § 13-902: Periods of probation; monitoring; fees
- A.R.S. § 13-706: Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 28-3304: Mandatory revocation of license; definition
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-1102: Negligent homicide; classification
- A.R.S. § 13-405: Justification; use of deadly physical force
- A.R.S. § 13-205: Affirmative defenses; justification; burden of proof
- A.R.S. § 13-107: Time limitations
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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