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Posted on September 17, 2025 in Assault & Violent Crimes
Manslaughter is a type of homicide charge that, under Arizona law, falls between homicide by criminal negligence and first-degree murder. It includes some forms of second-degree murder.
The Arizona law that defines manslaughter is Arizona Revised Statute (ARS) Section 13-1103. It identifies specific ways that manslaughter can occur. A conviction for manslaughter is a Class 2 felony.
In this post, we will cover the elements of a manslaughter offense that the prosecution must prove, the penalties for a manslaughter conviction, and possible defenses to a manslaughter charge.If you have been charged with any kind of homicide crime in Arizona, including manslaughter, AZ Defenders has experienced criminal defense lawyers to represent you. Call us at (480) 456-6400 to schedule a free consultation.
The specific ways a person commits manslaughter are defined by ARS 13-1103:
To fully understand how manslaughter works, we need to further define some of the terms that the statute uses.
In the case of assisted suicide, to act intentionally is to act with the objective of getting another person to commit suicide.
To knowingly cause the death of an unborn child means that you are aware, or believe, that what you are doing by causing injury to the mother will lead to that outcome.
Recklessness means that you must be aware of a substantial and unjustifiable risk or a grave risk that either a result will occur, or that certain circumstances exist.
The risk must be of a nature and degree that conscious disregard of it is a gross deviation from how a reasonable person would behave in the same situation.
Examples of behavior recklessly causing death include:
You may have heard the term “vehicular manslaughter” used in casual conversations. No Arizona statute specifically makes this a crime. But you can use a motor vehicle in such a way that constitutes reckless manslaughter using a dangerous instrument.
As with vehicular manslaughter, you might have heard of the term “involuntary manslaughter” in ordinary conversation. And like with vehicular manslaughter, Arizona has no statute that makes involuntary manslaughter a crime. Instead, Arizona refers to homicides that are not the result of knowing or reckless behavior as negligent homicide.
The penalties for a Class 2 felony in Arizona are severe. They include:
A felony conviction in Arizona can include a fine of up to $150,000.
In addition, a felony conviction in Arizona has related consequences aside from incarceration and fines that can negatively affect your life for many years after you complete any prison term and pay all your fines.
For example:
Multiple possible defenses may be available to you if you have been charged with manslaughter. Which ones you may be able to use depends on the underlying circumstances of the incident that led to the death of another person.
Manslaughter requires you to knowingly or recklessly cause the death of another person. So, if you can show that your conduct did not rise to this level, then you can avoid a manslaughter charge. You may still be subject to a negligent homicide charge, but this is a less serious crime.
Another possible defense can be if a third person was the actual reason for the death. For example, if you get into a car accident while racing, but the actual cause of the other person’s death was an error in the course of performing medical treatment, then you may be able to break the causation link needed to convict you of manslaughter.
Related to this line of defense would be to allege that the deceased person was at least partly responsible for creating the circumstances that led to his or her death. For example, you may have been speeding at the time of a car accident, but the other person was DUI and swerved into your lane, causing the accident.
If you believed that at the time the death of another person happened you were in imminent danger of physical injury or death, and that the only way to prevent that outcome was to use deadly force, then this is not reckless manslaughter.
As with all other criminal charges, in a manslaughter investigation and arrest police and prosecutors must follow proper procedures. If they fail to do so, this can lead to dismissal of the charge against you.
Procedural defenses include:
Any homicide charge in Arizona is a serious matter; a manslaughter charge is one of the most serious charges you can face. It can put you in prison for many years, ruin you financially, and haunt you with consequences that can stay with you the rest of your life.
With so much on the line, if you have been charged with manslaughter in the state of Arizona, you will need high-quality legal representation from an experienced manslaughter defense lawyer, like one you will have if you retain the AZ Defenders law firm.
Our Arizona criminal defense attorneys have more than 200 years of combined legal experience and have successfully represented thousands of clients. Many of our attorneys are former state, county, and city prosecutors who have successfully represented hundreds of people in homicide cases that include manslaughter charges.Call us at (480) 456-6400 at any time to speak with one of our law firm’s criminal defense specialists and to schedule a free initial consultation. You can also arrange a free consultation by using our online contact form.