ARS 28-672: Causing serious physical injury or death
The complete text of A.R.S. § 28-672 on causing serious physical injury or death, what the State has to prove, and the sentencing range, with a violation charged as a class 1 misdemeanor and exposure reaching up to 6 months in jail.
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What the State Must Prove Under § 28-672
A.R.S. § 28-672 is the Arizona statute on causing serious physical injury or death. The statute sets out 12 ways the offense can be committed. A violation is a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 6 months in jail.
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
- Section 28-645, subsection A, paragraph 3, subdivision (a).
- Section 28-710.
- Section 28-729.
- Section 28-771.
- Section 28-772.
- Section 28-773.
- Section 28-792.
- Section 28-794.
- Section 28-797, subsection F, G, H or I.
- Section 28-855, subsection B.
- Section 28-857, subsection A.
- Section 28-914.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 28-672 Conviction
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 28-672
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
1. Section 28-645, subsection A, paragraph 3, subdivision (a).
2. Section 28-710.
3. Section 28-729.
4. Section 28-771.
5. Section 28-772.
6. Section 28-773.
7. Section 28-792.
8. Section 28-794.
9. Section 28-797, subsection F, G, H or I.
10. Section 28-855, subsection B.
11. Section 28-857, subsection A.
12. Section 28-914.
B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.
C. The court shall report a conviction for a violation of this section to the department and:
1. For a first violation of this section, shall direct the department to suspend the person’s driving privilege or restrict the person’s driving privilege as described in section 28-144 for at least ninety days and not more than one hundred eighty days if the violation results in serious physical injury and at least one hundred eighty days and not more than one year if the violation results in death.
2. For a second or subsequent violation of this section within a period of thirty-six months, shall direct the department to suspend the person’s driving privilege for one hundred eighty days if the violation results in serious physical injury and one year if the violation results in death.
D. If a person’s driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period.
E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
G. Restitution awarded pursuant to section 13-603 as a result of a violation of this section shall not exceed $100,000.
H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
I. A person who violates this section is guilty of a class 1 misdemeanor.
J. For the purposes of this section, “serious physical injury” has the same meaning prescribed in section 13-105.
Source: Arizona Revised Statutes § 28-672, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Statutes in Title 28 — Criminal Traffic
- A.R.S. § 28-675 — Causing death by use of a vehicle
- A.R.S. § 28-676 — Causing serious physical injury by use of a vehicle
- A.R.S. § 28-664 — Duty on striking unattended vehicle
- A.R.S. § 28-663 — Duty to give information and assistance
- A.R.S. § 28-662 — Accidents involving damage to vehicle
- A.R.S. § 28-661 — Accidents involving death or physical injuries
- A.R.S. § 28-693 — Reckless driving
- A.R.S. § 28-695 — Aggressive driving
How Tamou Law Group Defends § 28-672 Cases
A § 28-672 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 1 misdemeanor and something far less serious, and it is where these cases are won.
We handle causing serious physical injury or death cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 28-672?
A.R.S. § 28-672 is the Arizona statute on causing serious physical injury or death. A violation is a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 28-672 a felony in Arizona?
No. Under the statute a violation is a class 1 misdemeanor, so the exposure reaches up to 6 months in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 28-672?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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