Involuntary and Voluntary Manslaughter in Arizona: What’s the Difference?
One of the most intricate and challenging areas of law pertains to offenses involving the death of another person. Among these, the distinction between involuntary and voluntary manslaughter remains a focal point of confusion for many. In the state of Arizona, these charges are critical to understand, especially if you or someone you know faces such accusations. Here, we break down the key differences, and what these mean under Arizona law.
Voluntary Manslaughter in Arizona: An Overview
In the realm of homicide, voluntary manslaughter is one step below murder. While both crimes involve the intentional killing of another, the crucial difference is the presence of “adequate provocation” leading to the act.
Statute: Arizona Revised Statutes (A.R.S.) § 13-1103
Voluntary manslaughter is described under Arizona law as intentionally causing the death of another person, in the “heat of passion” or in a “sudden quarrel”. In other words, while the act was deliberate, it was not premeditated, and it occurred in the throes of high emotions that could cause a reasonable person to act irrationally.
To better illustrate this, consider a scenario where two individuals engage in a heated argument. In the midst of the confrontation, one person fatally strikes the other without premeditation, but as a direct result of the ongoing dispute. In such cases, even if the act was intentional, it might be charged as voluntary manslaughter rather than murder.
Involuntary Manslaughter in Arizona: Key Distinctions
On the other end, we have involuntary manslaughter. As its name implies, this pertains to unintentional killings which arise due to recklessness or during the commission of another unlawful act, excluding felonies that would lead to a charge of first-degree murder.
Statute: Arizona Revised Statutes (A.R.S.) § 13-1102
Under Arizona law, one can be charged with involuntary manslaughter if they recklessly cause the death of another person or if a death happens unintentionally during the commission of a crime. For example, if someone is driving under the influence and causes a fatal accident, they might be charged with involuntary manslaughter because their recklessness – driving while impaired – led to another person’s death.
Differences in Penalties
Both involuntary and voluntary manslaughter are classified as homicides, but their penalties differ due to the distinctions in their nature.
- Voluntary Manslaughter: A Class 2 felony in Arizona, voluntary manslaughter could result in prison sentences ranging from 4 to 12 years, depending on the circumstances and any prior convictions of the defendant.
- Involuntary Manslaughter: Classified as a Class 3 felony, involuntary manslaughter can result in a prison sentence ranging from 2 to 8.75 years.
However, various factors, like the specifics of the case, prior convictions, and the presence or absence of aggravating circumstances, can influence the final sentence.
Conclusion
The key differences between voluntary and involuntary manslaughter rest in the intent and circumstances surrounding the act. While both are grave offenses, understanding their nuances is essential for anyone involved in such cases, be it a defendant, a witness, or a bereaved family member.
Navigating the complexities of manslaughter charges in Arizona requires the experiencedise of seasoned legal professionals. Tamou Law Group PLLC possesses a profound understanding of Arizona’s criminal laws and offers unmatched representation for its clients.
If you or a loved one are faced with a manslaughter charge or have questions regarding the legal intricacies of homicide in Arizona, don’t hesitate. Reach out to Tamou Law at 623-321-4699. Our commitment is to guide, represent, and ensure that the nuances and intricacies of the law are always in your favor.
