Arizona Negligent Homicide Lawyers
Charged with negligent homicide in Arizona? Under A.R.S. § 13-1102 it is a Class 4 felony, often a dangerous offense carrying 4 to 8 years of flat-time prison. Do not talk to police or admit fault. Proving your conduct was an accident, not criminal negligence, can mean a reduced charge or no charge at all.
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What Is Negligent Homicide in Arizona?
Quick answer: In Arizona, negligent homicide (A.R.S. § 13-1102) is causing a death through criminal negligence, failing to perceive a substantial risk that a reasonable person would have. It is a Class 4 felony, and when a vehicle is involved it is usually a dangerous offense carrying 4 to 8 years of flat-time prison. It is the charge one step below manslaughter, so the defense often focuses on showing the conduct was an ordinary accident, not criminal negligence, or that another factor caused the death.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending negligent homicide and other homicide cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Negligent Homicide in Arizona?
- Is negligent homicide in Arizona a dangerous felony?
- What is the sentence for negligent homicide, and is prison mandatory?
- What is the difference between negligent homicide and manslaughter?
- How does the State prove criminal negligence?
- What are the best defenses to a negligent homicide charge?
- Can a negligent homicide charge be reduced or dismissed?
- Negligence vs. Recklessness vs. Murder
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with negligent homicide in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-1102, the penalties, and the defenses that matter most.
Is negligent homicide in Arizona a dangerous felony?
Negligent homicide under A.R.S. § 13-1102 is a Class 4 felony, and when it involves a vehicle or other dangerous instrument it is usually charged as a dangerous offense under A.R.S. § 13-704. That designation makes prison mandatory and flat-time; in some non-dangerous cases, however, probation remains possible, so contesting the dangerous allegation can change everything.
Awards & Recognition
Our recognition for Phoenix homicide defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix homicide lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What is the sentence for negligent homicide, and is prison mandatory?
As a standard Class 4 felony the range is roughly 1 to 3.75 years, but as a dangerous offense — common when a vehicle is involved — it is 4 to 8 years (6 presumptive), served day-for-day. Prison is mandatory in the dangerous version, while a non-dangerous negligent-homicide case can be probation-eligible.
What is the difference between negligent homicide and manslaughter?
The dividing line is your mental state. Negligent homicide requires only criminal negligence — failing to perceive a risk a reasonable person would have caught — while manslaughter (A.R.S. § 13-1103) requires recklessness, meaning you actually knew of and disregarded the risk. Because negligence is the lower mental state, it is the charge the defense often pushes a manslaughter case down to.
How does the State prove criminal negligence?
The State must show a gross deviation from how a reasonable person would have acted — that you should have perceived a substantial and unjustifiable risk, even though you did not. This is more than the ordinary carelessness behind a civil lawsuit, so showing your conduct was a genuine, non-negligent accident defeats the charge entirely.
What are the best defenses to a negligent homicide charge?
Strong defenses attack causation — another person, the victim’s own conduct, a mechanical failure, or an unforeseeable medical event broke the chain — and the negligence standard itself, showing the conduct never rose above an ordinary accident. Independent accident reconstruction frequently contradicts the police report on speed, timing, and point of impact.
Can a negligent homicide charge be reduced or dismissed?
Yes. Negligent homicide is already a step below manslaughter, so the focus is usually dismissal where causation or negligence cannot be proven, or a non-dangerous, probation-eligible resolution instead of flat-time prison. Where the State overcharged a true accident, defeating the negligence element ends the case.
Negligence vs. Recklessness vs. Murder
In a fatal crash, the driver’s mental state determines the charge, and the charge determines whether you face probation or decades in prison.
| Driver’s Mental State | Charge | Statute | Felony Class | Prison Range |
|---|---|---|---|---|
| Criminal negligence (should have known the risk) | Negligent Homicide | 13-1102 | Class 4 (dangerous) | 4–8 years |
| Recklessness (knew and disregarded the risk) | Vehicular Manslaughter | 13-1103 | Class 2 (dangerous) | 7–21 years |
| Extreme indifference to human life | Second-Degree Murder | 13-1104 | Class 1 | 10–25 years |
Ranges shown are for a first offense. Moving a case down even one rung on this ladder can mean years, or decades, of difference.
What the State Must Prove for Negligent Homicide
To convict you of Negligent Homicide under A.R.S. § 13-1102, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Causation. Your conduct actually caused the death, not another person, the victim’s own conduct, or an unforeseeable, intervening event.
- 2A resulting death. Another person died as a result.
- 3Criminal negligence. You failed to perceive a substantial and unjustifiable risk that a reasonable person would have perceived. This is a lower mental state than the recklessness required for manslaughter, and proving the conduct was an ordinary accident (not even negligent) defeats the charge.
Examples of Conduct Charged as Negligent Homicide
- A fatal crash caused by a momentary failure to notice a hazard
- A death resulting from careless, but not reckless, handling of a vehicle or firearm
- Failing to recognize a dangerous condition that a reasonable person would have caught
- A case the State first charged as manslaughter but that, at most, fits criminal negligence
What Sentence Could You Actually Face?
Negligent homicide is a Class 4 felony. When a vehicle or other dangerous instrument is involved it is usually a dangerous offense, meaning flat-time prison; in some non-dangerous cases probation is possible.
Class 4
Negligent Homicide
Class 2
Vehicular Manslaughter
Class 1
Second-Degree Murder
⚠ “Dangerous Offense” Means Flat Time
A dangerous-offense designation under A.R.S. § 13-704 removes probation as an option and requires the sentence to be served day-for-day, with no “good time” release. That is why fighting the charge level and the dangerous designation, not just the facts, is the core of the defense.
How We Fight Arizona Negligent Homicide Cases
Every case has weak points. These are the defenses we look at first.
Attacking Causation & the Crash
Lack of Causation. The State must prove your driving, not another factor, caused the death. A third driver, the decedent’s own conduct, or an intervening event can break the chain.
Faulty Accident Reconstruction. Police reconstructions are often wrong on speed, point of impact, or timing. Our independent experts frequently reach the opposite conclusion.
Unavoidable Accident. If a reasonable driver could not have prevented the crash, there is no crime, only a tragedy.
Mechanical Failure or Road Conditions. Brake failure, tire blowouts, defective design, or hazardous road and weather conditions can be the true cause.
Sudden Medical Emergency. An unforeseeable seizure, stroke, or cardiac event at the wheel negates the culpable mental state.
Attacking Mental State & the Evidence
Accident, Not Recklessness. Manslaughter requires recklessness, a conscious disregard of a substantial risk. Ordinary negligence or a momentary lapse is not enough, and can defeat or reduce the charge.
Fighting the Charge Level. We work to move the charge down the ladder, from second-degree murder to manslaughter, or from manslaughter to negligent homicide, cutting the prison exposure sharply.
Blood Draw & BAC Challenges. Where DUI is alleged, we challenge the warrant, the draw, lab procedure, and rising-BAC science used to prove impairment at the time of driving.
Unlawful Stop, Search & Statements. Evidence and admissions obtained through constitutional violations, or without Miranda, can be suppressed.
Event Data Recorder Disputes. “Black box” data can be misread or incomplete. We bring in EDR analysts to test what it really shows.
The Experts We Bring to the Table
The State builds fatal-crash cases with police reconstructionists and crime labs. We answer with the same caliber of specialists, so the government’s science gets challenged by people who do this for a living.
Accident Reconstructionists
Crash Dynamics
Independently analyze speed, braking, point of impact, sight lines, and timing, often reaching conclusions that contradict the police report and break the State’s causation theory.
Forensic Toxicologists
BAC & Impairment
Challenge blood draws, lab protocol, and rising-BAC science used to allege impairment at the time of driving, central to fighting DUI-homicide and murder theories.
Event Data Recorder Analysts
“Black Box” Data
Extract and interpret the vehicle’s EDR data, speed, throttle, braking, and seatbelt use, and expose where the State has misread or cherry-picked it.
Biomechanical Engineers
Injury Causation
Assess whether the injuries and forces are consistent with the State’s account of how the crash happened, and who was driving.
Medical Examiners & Pathologists
Cause of Death
Provide independent review of the autopsy and cause of death, including pre-existing conditions and alternative causes the State overlooked.
Human Factors Experts
Perception & Reaction
Evaluate driver perception-reaction time, visibility, distraction, and whether a reasonable driver could have avoided the collision at all.
Recent Negligent Homicide Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles negligent homicide cases across Arizona.
Negligent Homicide, Disputed Causation
Charges Dismissed
Independent reconstruction showed the decedent, not our client, created the hazard. With causation broken, the State dismissed the negligent homicide charge.
Negligent Homicide (Class 4 Dangerous)
Probation, No Prison
With a clean record and strong mitigation, the client received supervised probation instead of the dangerous-offense prison term the State initially sought.
Negligent Homicide, Pure Accident
Not Guilty at Trial
We showed the conduct was an ordinary, unavoidable accident that did not rise to criminal negligence. The jury returned a not-guilty verdict.
Negligent Homicide, Unavoidable Crash
Charges Dismissed
Reconstruction showed the crash was unavoidable; with no criminal negligence, the case was dismissed.
Reduced From Manslaughter
Reduced to Negligent Homicide
By defeating recklessness, we moved a manslaughter charge down to negligent homicide.
Negligent Homicide, Probation
Probation, No Prison
Strong mitigation and a non-dangerous resolution kept our client out of prison.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching in many ways, for the best negligent homicide lawyer in Arizona, for lawyers who handle negligent homicide charges, or for Phoenix negligent homicide defense and a Scottsdale negligent homicide attorney. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend negligent homicide and other homicide cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona violent crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Negligent Homicide FAQs
Quick answers to the questions we hear most about negligent homicide charges, penalties, and defenses in Arizona.
What is negligent homicide in Arizona?
Negligent homicide (A.R.S. 13-1102) is causing the death of another person through criminal negligence, failing to perceive a substantial and unjustifiable risk that a reasonable person would have perceived. It is a Class 4 felony.
What is the difference between negligent homicide and manslaughter?
The difference is mental state. Negligent homicide is criminal negligence (you should have known the risk). Vehicular manslaughter (A.R.S. 13-1103) is recklessness (you actually knew and disregarded the risk). Showing the conduct was merely negligent, not reckless, is a major reason manslaughter charges get reduced to negligent homicide.
Is negligent homicide a felony?
Yes. It is a Class 4 felony. When a vehicle or other dangerous instrument is involved it is usually charged as a dangerous offense, which means flat-time prison; in some non-dangerous cases probation is possible.
What does criminal negligence mean?
It means you failed to perceive a substantial and unjustifiable risk that a reasonable person would have perceived, a gross deviation from the standard of care. It is more than the ordinary carelessness behind a civil lawsuit, but less than the recklessness required for manslaughter.
What are the penalties for negligent homicide in Arizona?
As a standard Class 4 felony the range is 1 to 3.75 years. As a dangerous offense (common when a vehicle is involved) it is 4 to 8 years (6 presumptive), served day-for-day.
Can a negligent homicide charge be dismissed or reduced?
Yes. Charges can be dismissed where causation fails or the conduct was an ordinary, non-negligent accident, and they are frequently reduced down from a manslaughter charge by defeating the recklessness theory.
What if it was just an accident?
A genuine accident, without criminal negligence, is not a crime. The State must prove a gross deviation from how a reasonable person would have acted, and an unforeseeable event or another party’s fault is a defense.
Was the death really caused by my conduct?
Causation is an element the State must prove. A third driver, the victim’s own conduct, a mechanical failure, or an unforeseeable medical event can break the causal chain and defeat the charge.
Will I also be sued by the victim’s family?
Almost always. A fatal incident typically triggers a civil wrongful-death lawsuit in addition to the criminal case, so the two need to be defended in a coordinated way.
Should I talk to the police after a fatal accident?
No. Provide your license and registration, then politely decline to answer questions and ask for a lawyer. Do not apologize or speculate, even ‘I’m sorry’ can be treated as an admission.
Why is accident reconstruction so important?
Police reconstructions are frequently wrong on speed, timing, and point of impact. An independent reconstruction can show the crash was unavoidable or caused by another factor, directly attacking causation and negligence.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case is handed to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Negligent homicide (A.R.S. § 13-1102) is causing a death through criminal negligence, a Class 4 felony.
- With a vehicle involved it is usually a dangerous offense: 4–8 years (6 presumptive) of flat time, though probation is possible in some non-dangerous cases.
- It sits one rung below vehicular manslaughter (recklessness, Class 2) and well below second-degree murder, the difference is the mental state.
- Proving the conduct was an ordinary accident, not criminal negligence, can defeat the charge entirely.
- The strongest defenses attack causation, the negligence standard, and the State’s accident reconstruction and toxicology.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.