Arizona Manslaughter Defense

Tucson Criminal Defense Attorney Explains Arizona Manslaughter Laws

Defending manslaughter charges in Tucson, AZ.

Traditionally, at common law, there were two types of manslaughter, involuntary manslaughter, and voluntary manslaughter.  Both of these types of manslaughter were meant to cover homicide offenses (killing of a human being), where the conduct did not rise to the level of murder.  The primary distinction between murder and manslaughter is the lack of "malice aforethought," an element of common law murder.  Involuntary manslaughter refers to reckless homicide, whereas voluntary manslaughter refers to seemingly intentional killings that are the result of sufficient provocation to render the killer less culpable (also called "passion killings").  The history of homicide law is reflected in the application of Arizona's statutes, and a thorough manslaughter or murder defense requires a strong understanding of common law, case law, and the Arizona statutes.  If you or a loved one has been arrested, or charged in connection with the death of another person, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.

ARIZONA MANSLAUGHTER LAWS
Arizona's modern criminal code recognizes five different categories of manslaughter, including the traditional two from common law.  Under Arizona law, a person can be charged with manslaughter in any of the following situations:

1. recklessly causing the death of another person,
2. committing second degree murder upon a sudden quarrel or heat of passion with sufficient provocation by the victim,
3. intentionally and knowingly providing the physical means another person uses to commit suicide,
4. committing second degree murder while under coercion or threat of immediate unlawful deadly force, OR
5. knowingly or recklessly causing the death of an unborn child by an injury to the mother.

Arizona Manslaughter Statute (ARS 13-1103)

PENALTIES FOR MANSLAUGHTER
Manslaughter is a Class 2 Felony in Arizona, reflecting both the seriousness of taking a human life, as well as the mitigated mens rea relative to murder.  Often in homicide prosecutions, a person will be charged with murder, but may end up being convicted of the lesser offense of manslaughter instead.  This can happen as a result of plea negotiations, motions, or at trial.  As a first offense, manslaughter is punishable by 7, 10.5 (presumptive) or 21 years in prison.  A person with one prior allegeable felony faces up to 28 years, while a person with two such prior felonies faces up to 35 years in prison for manslaughter.

VEHICULAR MANSLAUGHTER
Although Arizona law does not have a separate statute punishing vehicular manslaughter, many manslaughter cases involve motor vehicle collisions.  A person can be charged with manslaughter, or even second degree murder, for driving under the influence, driving recklessly, etc. and causing the death of another person or unborn child.  Vehicular manslaughter cases can raise complex issues of causation, as well as make determinations of relatively minor legal violations much more serious.  For these reasons, an attorney defending a vehicular manslaughter case needs to be familiar not only with manslaughter and homicide laws, but also toxicology, accident reconstruction, and more.  Expert witnesses can help to properly present the defense, but ultimately, you need an attorney on your side who understands the law and science that is needed to provide a strong defense.

DIFFERENTIATING MANSLAUGHTER, MURDER, AND NEGLIGENT HOMICIDE
Because both murder and manslaughter cover both intentional and unintentional killings of another person, the lines are not always crystal clear.  This is precisely one of the reasons effective advocacy is so important in homicide cases.  Without a strong defense, a person who might be eligible to be convicted of manslaughter only might suffer a murder conviction, and therefore harsher penalties.  Recklessly causing the death of another person is manslaughter, but a person can be convicted of second degree murder by conduct that manifests an extreme indifference to human life.  These laws are not always applied uniformly, and often result in the same conduct being punished as murder in one case, and manslaughter in another.  Passion killings and coerced killings provide a similar difficulty, where in some cases the same scenario will be deemed sufficient provocation to mitigate murder down to manslaughter in one case, but not in another.  A killing by criminal negligence is Negligent Homicide, a Class 4 felony. 

OTHER MANSLAUGHTER NOTES

• Provocation by a person other than the victim does not reduce a charge of second degree murder to manslaughter.  Additionally, a murder that is premeditated is first degree murder, and therefore cannot be
• A licensed physician performing an abortion or medical care to the mother or unborn child cannot be charged with manslaughter under Arizona law.  The mother also cannot be charged with manslaughter.
• Arizona does not permit physician assisted suicide or other forms of assistance to a person who seeks to end their own life.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH MANSLAUGHTER, MURDER, OR NEGLIGENT HOMICIDE, YOU NEED AN AGGRESSIVE, EXPERIENCED TUCSON CRIMINAL DEFENSE ATTORNEY ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION   520-585-5757.

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RELATED ARTICLES:
Tucson Murder Defense Attorney
Tucson Homicide Attorney
Tucson Attempted Murder Lawyer
Tucson Domestic Violence Attorney

HELPFUL LINKS:
Arizona Manslaughter Statute (ARS 13-1103)
Pima County Superior Court
Pima County Sheriff - Inmate Lookup
Tucson Police Department