ARIZONA VEHICULAR CRIMES


A car accident can result in serious criminal charges if alcohol or drugs are involved and if someone was injured or killed. If a driver leaves the scene of the accident, additional charges can be brought as well. Under Arizona law, vehicular assaults and manslaughter are often viewed as seriously as shooting or killing someone with a handgun.

Although an incident of this sort can be viewed as an 'accident,' Arizona law allows for the prosecution of an individual based on reckless conduct. What this means is that even though there is nothing intentional about an accident, a negligent driver can still be convicted and sent to prison.

ARIZONA VEHICULAR HOMICIDE OFFENSES

Charges of vehicular homicide may or may not be part of a charge of drunk driving. Unfortunately, fatalities can occur in connection with driving offenses. The State of Arizona is free to charge second-degree murder in connection with these cases. Alternatively, they can charge manslaughter or negligent homicide as a "dangerous nature offense," precluding probation as a sentence option. All of these offenses carry lengthy prison sentences. Indeed, conviction for second-degree murder, even from an auto accident, carries the most serious consequences possible under Arizona law, next to first-degree murder.

Prosecutors are free in deciding what offense to charge in any given case. Therefore, wide disparities occur in connection with the outcome of these cases. One defendant may receive a sentence of 10 or 20 years in prison while another receives probation for similar conduct.

If you are involved in an accident resulting in a death, you could be charged with one of the following crimes:

Negligent Homicide A.R.S. § 13-1102

In Arizona, a driver involved in an accident can be charged with negligent homicide if, with criminal negligence, the driver causes the death of another person. "Criminal negligence" means that the driver fails to perceive a substantial and unjustifiable risk, where a reasonable person clearly would have. Therefore, drug or alcohol-related accidents will often lead to a charge of negligent homicide against the allegedly impaired driver. Negligent homicide is a serious charge classified as a class 4 felony. A conviction for negligent homicide can result in a term of imprisonment of up to 3.75 years for a first offense.

Manslaughter A.R.S. § 13-1103

In Arizona, a driver involved in an accident can be charged with manslaughter if they recklessly cause the death of another person. "Recklessly" means that the driver knew that his conduct created a substantial and unjustifiable risk, but engaged in the conduct anyway. Importantly, if a person who creates a risk is unaware of the risk solely because they are intoxicated, then they have acted "recklessly" under Arizona law. Therefore, drug or alcohol-related accidents can lead to a charge of manslaughter against the allegedly impaired driver. Manslaughter is a very serious charge classified as a class 2 felony. A conviction for manslaughter can result in a sentence of up to 12.5 years in prison for a first offense.

Second-Degree Murder A.R.S. § 13-1104

In Arizona, a driver involved in an accident can be charged with second degree murder if they intentionally or knowingly cause the death of another person. Additionally, a driver can be charged with second degree murder if, under circumstances manifesting extreme indifference to human life, they recklessly engage in conduct which creates a grave risk of death, and thereby cause the death of another person. "Recklessly" means that the driver knew that his conduct created a substantial and unjustifiable risk, but engaged in the conduct anyway. Second degree murder is an extremely serious crime, and carries the most serious legal repercussions of any crime short of first degree murder. Second degree murder is a class 1 felony, and a conviction can result in a sentence of up to 22 years in prison for a first offense, or more if the victim is under 15 years of age.

Due to the severe prison sentences associated with a conviction for any of these crimes, the best advice if faced with a charge of vehicular homicide is to contact an experienced attorney who knows the system and has a track record of success. Mr. Gillespie and his associates have years of experience in both prosecution and defense of individuals charged with alleged vehicular crimes in the state of Arizona. The firm can handle all of the aspects of the case, including pre-trial investigation, witness interviews, legal research, defense identification, grand jury and motion practice, plea negotiations, and, if necessary, full litigation at trial and on appeal. We will strongly advocate the case at all times. If you chose to retain our law firm, we will provide the highest level of criminal defense representation available.

OTHER ARIZONA VEHICULAR CRIMES

In addition to charges of vehicular homicide, we handle charges of other vehicular felonies such as:

Aggravated Assault A.R.S. § 13-1204

In Arizona vehicular accident cases that result in serious injury, the State often charges the at fault driver with aggravated assault. Under the statute, the crime of aggravated assault includes recklessly causing serious physical injury to another. This type of aggravated assault is a serious crime and is classified as a class 3 felony and can be prosecuted under an enhanced sentencing provision as a "dangerous offense." A conviction for a "dangerous" class 3 felony precludes probation as a sentencing option and results in a mandatory sentence range of 5 to 15 years in prison.

Endangerment A.R.S. § 13-1201

Often, the prosecution will add endangerment as a separate felony count in an aggravated assault or felony DUI case. Under the statute, the crime of endangerment is defined as recklessly endangering another person with a substantial risk of imminent death or personal injury. Endangerment is a class 6 felony if it involves substantial risk of death, and could result in a sentence of up to 3 years in prison for a first offense.

Leaving the Scene of an Accident A.R.S. § 28-661

If you are involved in an automobile accident and you knowingly fail to stop and render reasonable assistance, you can be charged with a felony if the accident involves injury or death. If the accident involves something less than serious injury or death, the violation is a class 5 felony, punishable by up to 2.5 years in prison. If the accident involves serious injury or death, the violation is a class 3 felony, punishable by up to 8.75 years in prison. However, if you caused the accident, the violation is classified as a class 2 felony, punishably by up to 12.5 years in prison. This sentence must run consecutively to any other sentence imposed for other convictions related to the accident. Even if the accident doesn't involve any injury, leaving the scene of an accident is a misdemeanor that can result in a jail sentence of up to 6 months.

Conclusion

If you have been charged with any Arizona vehicular crime, you must treat the allegations very seriously, as they usually carry the potential for a lengthy prison sentence. It is critical to retain an attorney that has a solid understanding of the dynamics involved in the investigation, prosecution, and defense of vehicle crimes. Many cases eventually turn on the ability of the defense to break down the State's evidence with respect to legal issues involving accident reconstruction, causation and chemical testing of blood and breath samples for alcohol and drug concentrations. The Gillespie Law Firm, P.C. has the expertise, years of experience, and proven track record to provide you with the highest level of criminal defense representation available.


 
© Copyright 2003-2009, Craig C. Gillespie, All Rights Reserved Worldwide major credit cards accepted
Web Site Design by: Mike Rebel Design
  
Site Map  ::  Map and Directions  ::  Arizona Criminal Attorney  ::  Arizona DUI Attorney  ::  Legal Disclaimer  ::  Privacy Policy