In the state of Arizona, a person commits negligent homicide if there was criminal negligence in a case that resulted in the death of another person. Many Phoenix criminal lawyers find it interesting that negligent homicides in Arizona can apply to an unborn child, even though unborn children are not usually protected under the law in many U.S. states.
Section 13-1102 of the Arizona State Legislature provides a definition of the negligent homicide crime in the Grand Canyon state. A negligent homicide is considered the least severe of murder and manslaughter charges because the killing of another person is usually seen as unintentional in negligent homicide cases.
While negligent homicide crimes do apply to an unborn child in the womb at any stage of its development, Section 13-1102 does provide some exceptions to this rule. If an abortion is being performed at the consent of the pregnant woman, it's not considered a negligent homicide. If the person was performing medical treatment on a pregnant woman or if the person guilty of killing the unborn child is the mother, then the negligent homicide crime does not apply.
In the state of Arizona, negligent homicide is considered a class 4 felony. With a Phoenix criminal defense attorney, a defendant guilty of negligent homicide can occasionally avoid prison and be placed on probation. However, if the criminally negligent act is charged as a dangerous offense and convicted, then probation is not available and the defendant can be sentenced to up to eight years in prison.
Related Resources:
- Negligent Homicide Question (FindLaw's Answers)
- Manslaughter: Involuntary - Criminal Law (FindLaw)
- See a Phoenix Criminal Defense Attorney (FindLaw)
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