Negligent Homicide Defense
Many negligent homicide cases begin with a tragedy nobody intended, such as a car crash, and a family grieving a loss. Facing a criminal charge as well is overwhelming, and you deserve a clear picture of what the State has to prove.
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. § 13-1102 makes it a crime to cause the death of another person "with criminal negligence."
- How it is classified: A class 4 felony under § 13-1102(C).
- Possible sentence (first offense): If proven dangerous, 4 to 8 years in prison, 6 presumptive (A.R.S. § 13-704(A)); if not dangerous, the A.R.S. § 13-702(D) range of 1 to 3.75 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 give statements about the events to investigators or insurers until you have spoken with a lawyer, and keep any photos, video or phone records. Call (480) 405-6767 or contact us.
What the law says
Under § 13-1102(A), you commit negligent homicide if "with criminal negligence" you cause the death of another person, including an unborn child. Section 13-1102(B) has exceptions for a consented abortion, medical treatment and the child's mother.
The key term is criminal negligence. Under A.R.S. § 13-105(10)(d), it means a person "fails to perceive a substantial and unjustifiable risk" that the result will occur. The risk must be such that failing to perceive it is "a gross deviation from the standard of care that a reasonable person would observe in the situation."
That is a higher bar than everyday carelessness. Ordinary negligence, the kind that can support a civil claim, is not the test. In a crash case, the question is whether a driver's mistake rose to the level of a gross deviation.
Negligent homicide also differs from manslaughter. Reckless manslaughter requires that you were aware of a risk and consciously disregarded it (§ 13-105(10)(c)). Criminal negligence covers a person who did not perceive the risk at all. You can compare all of Arizona's homicide charges on our main page.
How it is classified
Negligent homicide sits between manslaughter and traffic offenses. The table shows how the charges compare.
| Charge | Mental state or conduct | Class |
|---|---|---|
| Manslaughter, A.R.S. § 13-1103(A)(1) | Recklessly causing a death | Class 2 felony |
| Negligent homicide, § 13-1102 | Causing a death with criminal negligence | Class 4 felony |
| Causing serious physical injury or death by a moving violation, A.R.S. § 28-672 | Certain listed traffic violations that result in a crash causing serious physical injury or death | Class 1 misdemeanor (§ 28-672(I)) |
The State may also allege that negligent homicide was a dangerous offense. In a crash case, that may mean alleging the vehicle was a "dangerous instrument," which § 13-105(12) defines as anything that, as used, "is readily capable of causing death or serious physical injury."
Possible penalties
| First offense | Range | Source |
|---|---|---|
| Dangerous | 4 years minimum, 6 presumptive, 8 maximum; prison required | § 13-704(A) and (G) |
| Not dangerous | 1 year mitigated, 1.5 minimum, 2.5 presumptive, 3 maximum, 3.75 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 alleged as dangerous, the court has more options, and probation may be possible. Under A.R.S. § 13-902(A)(3), probation for a class 4 felony may continue for four years unless ended sooner.
Prior dangerous felony convictions raise these ranges under § 13-704.
Consequences beyond the sentence
- 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. See our traffic and MVD page.
- Record: Negligent homicide is not on the "serious offense" list in A.R.S. § 13-706(F)(1). If the conviction was not a dangerous offense, a set-aside under A.R.S. § 13-905 and later record sealing under A.R.S. § 13-911 may be possible. Sealing for a class 4 felony has a five-year waiting period (§ 13-911(E)(2)), and a set-aside is unavailable if the victim was under fifteen (§ 13-905(P)).
- 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 and insurance: A felony conviction can affect jobs that require driving, professional licenses and insurance. Avoiding jail is not the same as avoiding a conviction.
How we defend negligent homicide cases
Negligent homicide cases are often built on reconstruction, data and expert opinion. Each piece can be tested, and the mental state element gives the defense real room to work.
- Gross deviation: The State must prove more than a mistake. We look at what a reasonable person would have perceived in the same situation, including speed, visibility, signals and timing.
- Causation: The State must prove your conduct caused the death. Another driver's actions, road design, lighting, vehicle defects and the medical cause of death may all be relevant.
- Reconstruction and vehicle data: Scene measurements, event data recorder downloads, video and phone records can be reviewed by an independent reconstructionist.
- Impairment claims: If the State alleges alcohol or drugs, blood draw procedures and lab results are examined. Related charges are covered on our aggravated DUI and reckless driving pages.
- The dangerous allegation: Whether the State alleges and proves a dangerous offense can decide whether prison is mandatory or probation may be possible.
- Mitigation: Your driving history, character, remorse and the circumstances of the event may be presented at sentencing or in negotiations.
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
No. To charge negligent homicide, the State must prove criminal negligence, which requires a gross deviation from reasonable care. Some fatal crashes involve no crime, and others fit a traffic offense such as § 28-672 rather than a felony.
Negligent homicide itself is a class 4 felony under § 13-1102(C). In some crash cases, the facts may instead fit causing serious physical injury or death by a moving violation, which § 28-672(I) makes a class 1 misdemeanor. Whether that option exists depends on the evidence and the specific violation.
If you are convicted of a homicide resulting from the operation of a motor vehicle and the conviction is final, § 28-3304(A)(1) requires MVD to revoke your license. A conviction under § 28-672 carries its own license suspension or restriction. We review the license consequences of any plea offer before you decide.
No. Under A.R.S. § 13-107(A), "a prosecution for any homicide" may be commenced at any time, and A.R.S. § 13-1101(2) defines homicide to include negligent homicide.
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. § 13-1102: Negligent homicide; classification
- 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. § 13-1103: Manslaughter; classification; definition
- A.R.S. § 28-672: Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition
- A.R.S. § 13-902: Periods of probation; monitoring; fees
- A.R.S. § 28-3304: Mandatory revocation of license; definition
- A.R.S. § 13-706: Serious, violent or aggravated offenders; sentencing; life imprisonment; definitions
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-3101: Definitions
- A.R.S. § 13-107: Time limitations
- A.R.S. § 13-1101: Definitions
Cornell Legal Information Institute
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