Negligent Homicide

In the state of Arizona, Negligent Homicide is a type of involuntary manslaughter that is a much less serious crime than first or second-degree murder or manslaughter. Essentially, Negligent Homicide occurs when an individual accidentally causes the death of another human being through criminal negligence. Criminal negligence means you failed to act with reasonable caution—i.e., you did not perceive the risks of your actions that were obvious to a reasonable person. Negligent Homicide is a Class 4 felony. 

In addition to the criminal penalties, a felony conviction can cause many different collateral damages, including difficulty obtaining employment, the loss of a professional license (or an inability to obtain a professional license), difficulty renting an apartment, an inability to obtain a government loan for higher education, the inability to own a firearm, and more. If you have been charged with Negligent Homicide in Maricopa County, the greater Phoenix metro area including Tempe, Scottsdale, Gilbert or Chandler, it is imperative that you speak to a knowledgeable Chandler criminal defense attorney from the Ciccarelli Law Offices as quickly as possible. 

Why Should You Choose the Ciccarelli Law Offices for Your Negligent Homicide Charges?

If you have been charged with Negligent Homicide in Chandler, AZ (or anywhere in the Greater Phoenix Metro Area), hoping it will all turn out okay is not a good strategy for your future. You need a highly-skilled criminal defense team—you need the Ciccarelli Law Offices. At the Ciccarelli Law Offices, we bring big-city criminal defense experience defending high-profile cases. Or perhaps you have not yet been criminally charged. In this case, you need the finesse we bring, as Arizona criminal defense lawyers, to quietly defuse potential criminal charges.  

Our legal team has more than 100 combined years of national experience representing those charged with a criminal offense with compassion, determination, knowledge, and aggressive experience. We are absolutely dedicated to fighting for the rights of those whose liberty is on the line, and we continuously strive to make a difference for our clients, regardless of who they are, where they are from, or how much money they have. 

With hundreds of Five-Star Reviews from our satisfied clients, Lee Ciccarelli has been recognized as:

• Super Lawyer 
• Top 100 Trial Lawyer by the National Trial Lawyers Association
• TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys h
• Having the highest rating (10.0) by AVVO 
• One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates. 

Attorneys Lee Ciccarelli and Julia Rogers lead a team with extensive national criminal defense experience, both in state and federal courts. We understand you have choices, and we hope you will choose the Ciccarelli Law Offices for your Negligent Homicide defense.  

What Are Some Examples of Negligent Homicide?

The most common type of Negligent Homicide occurs when a driver is impaired by drugs or alcohol and hits another vehicle, killing the driver or a passenger in the vehicle. If a death resulted from a hit-and-run auto accident this might be charged as negligent homicide, or if a driver was racing, driving at excessive speeds, or driving recklessly, Negligent Homicide could be charged. 

Other types of accidents that could result in Negligent Homicide charges include leaving a child in a hot car for an extended length of time causing death, recklessly handling a loaded gun resulting in death or a hunting accident that results in death. Under Arizona law, Negligent Homicide can also be charged following an accident that causes the death of an unborn child. 

How is Negligent Homicide Defined Under Arizona Law?

Negligent Homicide is defined under Arizona statute, ARS 13-11-2; when a criminally negligent act causes the death of another (or the death of an unborn child), Negligent Homicide may be charged. Violation of this law is a Class 4 felony.  Charges of Negligent Homicide can only be charged if it can be shown the person being charged acted with criminal negligence and, as a result, a death occurred. 

What Are the Penalties for Negligent Homicide?

If you are convicted of the criminal offense of Negligent Homicide, you could face the following penalties:

• A first offense that did not involve the use of a dangerous instrument or deadly weapon, could result in a sentence of probation, or a prison term from one year to 3.75 years. 
• A repeat offense of Negligent Homicide that did not involve the use of a dangerous instrument or deadly weapon, could result in a sentence of probation, or a prison term from 2.25 years to 7.5 years in prison. 
• If the Negligent Homicide offense involved the use of a dangerous instrument or deadly weapon, you could face a minimum prison term of 4 years, and a maximum prison term of 8 years. 
• A conviction of Negligent Homicide could also result in a maximum fine of up to $150,000. 

What Defenses Are Used in Arizona Negligent Homicide Cases?

Since Negligent Homicide does not involve intent to kill, arguing you had no intention to commit the crime is not necessarily a workable defense. Of course, your exact defense to your Arizona charges of Negligent Homicide will depend on the specific circumstances and facts surrounding your charges. Some of the most common defenses used against charges of Negligent Homicide include the following:

• The death was the result of an accident, not a criminal act. The prosecution must prove that your actions were criminally negligent, therefore, your attorney will argue that the death could have happened to any reasonable person, given the same circumstances, so it was an accident. As an example, if a parent left their child in a hot car and the child died as a result, the attorney would argue this was a tragic accident, rather than criminally negligent behavior. 
• Involuntary intoxication caused the accident. This would mean that you, through no fault of your own, were given an intoxicant without your knowledge, therefore, the death was an accident, not the result of criminal negligence. 
• Your actions were not responsible for the death. This defense is asserting that another event or person caused the death. As an example, let’s assume your friend overdosed on a drug, and you waited too long (in the prosecution’s estimation) to call 911. Your attorney might hire an expert who could better pinpoint the exact time of death, proving that even if you had immediately dialed 911, the outcome would have been the same. 

Call a Phoenix Negligent Homicide Crimes Attorney Today

If you or somebody you love is facing negligent homicide in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do and you likely need a team of Smart, Experienced, Aggressive, Determined lawyers that fight back at negligent homicide charges. Now is the time for action and the time for Lee Ciccarelli and his team.

Do not speak to law enforcement officials or prosecutors until you have legal counsel by your side. At the Ciccarelli Law Offices, our team has a track record of success helping clients get through incredibly complex criminal defense cases. We know that the stakes are high, and we will use all of our resources to ensure you are treated fairly. When you need a Phoenix negligent homicide attorney, reach out to our team today. We are determined to fight for our clients. It’s in our DNA to have your back and your Success is Our Mission.