According to Arizona law, Manslaughter is the act of causing someone’s death due to your own reckless behavior. This is a Class 2 felony and can lead to a minimum of four years in jail.
Vehicular Manslaughter, which may also be referred to as Vehicular Homicide, is the act of killing another person with your vehicle, either due to reckless driving or negligence. Both reckless driving and negligent driving refer to acting carelessly (when behind the wheel), acting in contradiction to what a careful driver might do, or acting in a way that shows a lack of concern for those around you.
You can be charged with vehicular manslaughter regardless of who dies, be it another driver or a pedestrian. The exact definition of what is considered to be “vehicular manslaughter” can vary depending upon the U.S. state you live in. As a result, the punishments (such as jail/prison time, fines, etc.) may also vary.
In Arizona, driver related homicide charges are broken down into three main categories: negligent homicide, manslaughter, and second-degree murder. All three describe the unlawful killing of a person. If a driver unknowingly does or doesn’t do something that causes harm to another person, this is considered criminal negligence. As mentioned above, a crime is considered negligent if the perpetrator deviates from the expected, societal norm of a rational, careful person.
Vehicular manslaughter is simply the act of killing someone (with your vehicle) while you are driving/behind the wheel. If you are acting in a way that is careless of those around you, you may be charged with reckless driving as well.
Finally, second-degree murder is defined as acting in a way that creates a significant risk of death for another individual. In order for something to be considered second-degree murder, it must be proven that there was a clear disregard for human life at the time of the crime. Manslaughter and second-degree murder differ due to the severity of the act itself. By and large, second-degree murder suggests culpability, while manslaughter suggests reckless behavior.
These three types of vehicular homicides are separated by definition as well as punishments. While all three charges include possible fines of up to $150,000, the felony classifications and possible prison sentences are very much dependent upon the individual charge. Negligent homicide is a Class 4 Felony and is punishable by up to three years, 9 months in prison. Manslaughter is a Class 2 Felony and carries a maximum prison sentence of twelve and a half years. Second-degree murder, a Class 1 Felony, has sentences that are further separated by the age of the victim. For the second-degree murder of someone 12 years and older, the maximum prison sentence is 25 years, while the maximum prison sentence for a victim under the age of 12 is life in prison.
Keep in mind that the charges and sentences outlined above are for people who are sober at the time of the incident. Driving while intoxicated and, as a result, committing vehicular manslaughter, comes with an entirely different set of sentences. But first, what exactly is “driving under the influence”?
Arizona is one of the strictest states when it comes to its DUI laws. Punishments for infractions include hefty fines as well as mandatory jail time. This aggressive approach is intended to deter people from getting in the driver’s seat while intoxicated. In fact, Arizona ranks second in the U.S. for DUI prevention efforts.
You may be charged with Driving Under the Influence if you meet any of the following criteria:
Believe it or not, it’s possible to be charged with a DUI even if you’re not physically operating a vehicle. Okay, but what does this mean exactly? And how is this possible?
There is a lot for police to consider before charging a driver with a DUI. Whether or not a driver is arrested and/or prosecuted is often up to the judgement and interpretation of the arresting officer(s) and judicial bodies involved. For example, was the vehicle on? Were there keys in the ignition? Was the driver sleeping? Awake? The full nature of the circumstances must be accounted for, and officers can still charge an individual with a DUI should they suspect the driver was operating the vehicle while intoxicated.
Officers who suspect someone has been driving under the influence can choose to administer a sobriety test. According to Arizona law, anyone who gets into the driver’s seat (with the intention of driving) automatically consents to the possible administration of sobriety tests. Refusing to take one or more of these tests will result in an automatic suspension of your license for one year.
On the other hand, if a driver can prove that they were using the vehicle as a form of shelter and not as a mode of transportation, they can argue the “Sleeping-it-Off Defense.” This is a legitimate defense in Arizona, intended to protect the rights of individuals who are trying to do the responsible thing by sleeping rather than driving while intoxicated.
From state to state, laws vary pretty significantly on the amount of jail/prison time a guilty party may receive for vehicular death caused by drunk driving. In the state of Arizona, jail time can range from 1 to 22 years depending upon the severity of the crime. When narrowed down to the three categories previously outlined in this article, the range of jail time looks like this:
A unique difficulty of prosecuting vehicular manslaughter due to intoxication is that the prosecuting attorney must prove that the defendant was, a) driving under the influence, and b) acting in a dangerous and/or reckless way that demonstrated a lack of care for others.
There is a lot to consider when it comes to a vehicular manslaughter case, whether the actions of the driver were due to intoxication, recklessness, or there was an entirely other party at fault. Finding a criminal lawyer who specializes in vehicular manslaughter is your best chance at building a defense case specific to the circumstances of your case.
Your lawyer will be able to walk you through possible defenses that have worked for others in the past, such as car malfunction, bad weather, or even the poor driving of others. While one – or possibly none – of these options apply to your particular case, an experienced lawyer can guide you through the defenses that do.
Live in Arizona? Our talented team of experienced lawyers are happy to answer your questions and represent your rights in court. Reach out to schedule a consultation.