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Posted on September 17, 2025 in Assault & Violent Crimes
Negligence can happen in civil and criminal contexts. When criminal negligence results in the death of another person, this is negligent homicide under Arizona Revised Statute 13-1102.
Negligent homicide is a serious charge that can result in a prison sentence and other long-term consequences that will negatively affect your life for many years afterward.
If you or someone you love has been charged with negligent homicide, having an experienced Arizona criminal defense attorney to defend your rights is critical. Please call AZ Defenders at (480) 456-6400 or use our contact form to get in touch with one.
Here, we discuss the details of what negligent homicide is in Arizona, the penalties upon conviction, and possible available defenses to a charge of negligent homicide.
Arizona Revised Statutes (ARS) 13-1102 is the law that makes negligent homicide a crime. Here is the statute in its entirety:
Negligent homicide; classification
A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
3. The person was the unborn child’s mother.
C. Negligent homicide is a Class 4 felony.
Most criminal laws in Arizona require an intentional or knowing state of mind during the commission of the crime. The standard of mental culpability for negligent homicide charges is lower, but how do we define what criminal negligence means?
ARS 13-105(10)(d) defines criminal negligence as failing to see that a substantial and unjustifiable risk that a result will occur, or that a circumstance exists.
The risk must be of such a nature and degree that the failure to see it is a gross deviation from the standard of care that a reasonable person would observe in the same situation.
A shorthand way of describing criminally negligent behavior is that “you should have known” that an unjustifiable risk or circumstance existed because a reasonable person would have known.
In a criminal prosecution, the people who will decide how a reasonable person would have acted under the circumstances leading to the death will be the jury, unless a jury trial has been waived, then it would be the judge hearing your case who decides.
The most common kinds of criminally negligent homicide charges involve motor vehicles and firearms.
Vehicular negligent homicide examples include fatal accidents involving:
Firearm-related negligent homicide charges can arise from negligently handling or reloading a gun, or hunting accidents.
Negligent homicide in Arizona expressly includes incidents in which the person who dies is an unborn child. So, for example, if you are involved in a DUI-related accident in which a pregnant woman is involved, and her child dies because of the accident, but she does not, then you can still face negligent homicide charges.
Or, if the mother and the unborn child die under the same circumstances, then you could be charged with two counts of criminal negligent homicide.
Negligent homicide involving an unborn victim does not apply to the following situations:
Conviction for a criminally negligent homicide charge is a Class 4 felony in Arizona.
A Class 4 felony conviction based on a non-dangerous offense carries the following sentence(s):
If the negligent homicide involved a deadly weapon or a dangerous instrument, then this becomes a dangerous felony offense, and the prison term increases to between 4 and 8 years, with a presumptive term of 6 years.
A negligent homicide involving a dangerous instrument can include an automobile, so vehicular negligent homicide charges are usually charged as dangerous felony crimes.
A felony conviction in Arizona can result in a fine of up to $150,000.
Additional collateral consequences of a Class 4 felony conviction include:
A common defense against a criminal negligence homicide charge is that you were not at fault for the accident.
For example, a reasonable person would not have acted differently than the way you did under the circumstances that existed at the time, or another person may have been responsible, including the deceased person or a third party.
In some cases, you can challenge the prosecution’s evidence against you.
If the police fail to follow proper procedures, like lacking probable cause to arrest you, or failing to inform you of your constitutional rights prior to questioning while in police custody, or not observing those rights, these can all be defenses to a criminal negligence charge.
A felony conviction in a negligent homicide case can have ruinous effects on you for the rest of your life. You need the best possible legal defense to avoid being charged with the offense, have the charges against you reduced, avoid conviction, or have your sentence mitigated if you are convicted.
The criminal defense attorneys at AZ Defenders represent people accused of all kinds of homicide crimes in Arizona, including negligent homicide.
Our criminal homicide defense attorneys in Phoenix have more than 200 years of combined experience representing clients in the criminal justice system. Our law firm ranks among the most aggressive criminal defense firms in the country.
Call AZ Defenders at (480) 456-6400 or use our contact form to speak with one of our Phoenix homicide defense lawyers as soon as possible for experienced criminal defense.