Manslaughter

Manslaughter Definition

Manslaughter in Arizona is defined under ARS § 13-1103, is a Class 2 felony for causing death without the intent of murder. It includes:

• Recklessly causing death.
• Committing 2nd-degree murder in a sudden quarrel/heat of passion with adequate provocation.
• Intentionally providing means for suicide, knowing their intent.
• Committing 2nd-degree murder under irresistible deadly force coercion.
• Knowingly/recklessly causing the death of an unborn child (with exceptions).

Penalties for a first offense (non-dangerous) often range from 4 to 21 years in prison, with a presumptive sentence of around 10.5 years. “Dangerous offenses” carry harsher penalties.

5 Different Types of Manslaughter

Under Arizona law, A.R.S. § 13-1103, a person can be charged with five types of manslaughter:

1. Manslaughter – Reckless
2. Manslaughter by Sudden Quarrel or Heat of Passion
3. Manslaughter by Force
4. Manslaughter by Aiding Suicide
5. Manslaughter of Unborn Child

Each of the five types of this murder charge is explained in further detail below:

1. Reckless

Defined. Reckless requires the prosecution to prove that you recklessly caused the death of another person. This means that the State has to prove that:

• You caused the death of another person; and
• You were aware of an showed a conscious disregard of a substantial and unjustifiable risk of death.

Example: Two people are hanging out together. One person is playing around with his loaded .38 handgun. He starts to spin the gun on his finger and the gun accidentally goes off and shoots and kills his friend. The person’s reckless actions caused the death of his friend and he could be convicted of Manslaughter – Reckless.

Vehicular Manslaughter. Reckless charges also include vehicular homicide, which involves recklessly causing someone’s death while driving. For example, if a person driving under the influence of alcohol or drugs (DUI) crashes into another car, resulting in the other driver’s death, the DUI driver can be convicted of vehicular manslaughter.

In such cases, consulting a manslaughter lawyer is crucial to understanding the charges and building a strong defense.

2. Sudden Quarrel or Heat of Passion

Defined. Sudden Quarrel or Heat of Passion requires the prosecutor prove that:

• You intentionally or knowingly killed another person; and
• You acted upon a sudden quarrel or heat of passion; and
• The sudden quarrel or heat of passion resulted from adequate provocation by the person who was killed.

“Adequate provocation” means something that would cause a reasonable person to lose self-control. Words alone are not adequate provocation. There must not have been time for “cooling off” between when you were triggered by the event and the killing. A “cooling off” period is the time it would take a reasonable person to regain self-control in your shoes.

Example: A common example is when a person comes home to find that their significant other is cheating on them. In the heat of passion, the person shoots and kills their cheating significant other. The person intended or knowingly killed their significant other. However, catching their significant other cheating on them reasonably caused them to lose self-control. So, in the heat of passion, the person acted without premeditation.

3. Force

Defined. Force is when a specific type of Second Degree Murder—the reckless type under A.R.S. § 13-1104(A)(3)—is dropped down to Manslaughter because you were forced to commit Reckless Second Degree Murder by the use or threatened immediate use of unlawful deadly force against you or another person (also called coercion). This means that, for Manslaughter by Force, the prosecution has to prove that:

• Your reckless actions, which showed extreme indifference to human life and created a grave risk of death, caused the death of another person; and
• You were forced into the reckless actions by the use or threatened immediate use of unlawful deadly force against you or another person.

The unlawful deadly force has to be of the kind that a reasonable person in your situation would not have been able to resist.

The use or threatened immediate use of unlawful deadly force against you or another person does not drop down the other types of Second Degree Murder to Manslaughter because it does not apply to the intentional or knowing killing of another person. Plus, in Arizona, this type of coercion is never a defense to the killing of an innocent person.

Example: A man is in the middle of a crime spree at a shopping mall. He holds a gun to your loved one and threatens to kill your loved one unless you shoot your gun in the crowded mall to cause a distraction. So, you point your gun up and fire your gun (not intending to kill anyone). The bullet from your gun happens to hit and kill a shopper. Your shooting a gun into a crowded mall was reckless and showed an extreme indifference to human life and created a grave risk of death.

You would normally be charged with Second Degree Murder. But you only fired your gun because there was a man pointing a gun at your loved one and threatening to kill them, so the charge should be dropped down to Manslaughter. However, while your loved one’s life being threatened by unlawful deadly force explains your actions, it is not a defense if an innocent person dies as a result. Therefore, you cannot have your case dismissed entirely.

If you are facing such complex legal situations, it’s critical to work with an experienced manslaughter attorney or lawyer to navigate the charges and explore your legal options.

4. Aiding Suicide

Defined. Aiding Suicide requires the prosecution prove that:

• You intentionally provided the physical means that another person used to commit suicide; and
• You did so with the knowledge that the person intended to commit suicide.

Example: A terminally ill patient wants to commit suicide and asks his doctor in Arizona to prescribe a lethal drug that the patient can administer to himself. The doctor, knowing that the terminally ill patient intends to commit suicide, prescribes the patient a lethal medication. The patient gets the prescription, goes home, takes the drugs, and dies. The doctor can be charged with Manslaughter by Aiding Suicide. In Arizona, even if you are a medical professional, assisted suicide is illegal.

5. Unborn Child

Defined. Unborn Child requires the State prove that:

• You knew or should have known that the mother was pregnant; and
• You knowingly or recklessly caused the death of an unborn child by any physical injury to the mother.

Exceptions. The law protects certain people from being prosecuted under this law, including:

• People who perform authorized abortions;
• People who perform medical treatment on the unborn child’s mother or the unborn child; and
• The unborn child’s mother.

Involuntary vs Voluntary Manslaughter

Involuntary Manslaughter

• Involuntary manslaughter refers to an unintentional act resulting in someone’s death.
• Since 1978, Arizona no longer uses the term “involuntary manslaughter.”
• Crimes previously categorized as involuntary manslaughter are now classified under Negligent Homicide in Arizona law.
• Negligent Homicide involves situations where negligence leads to the death of another person.

Voluntary Manslaughter

• Voluntary manslaughter refers to an intentional act that causes someone’s death.
• Arizona continues to use the term Manslaughter for what is commonly known as voluntary manslaughter.
• This classification applies to intentional killings that occur under specific circumstances, such as a heat of passion or provocation.

Penalties and Sentencing for Manslaughter

Manslaughter is a Class 2 Felony in Arizona.

Manslaughter sentencing guidelines state that if you have no prior criminal record, and you did not use a deadly weapon (e.g., a gun) or a dangerous instrument (e.g., a car or a hammer) to commit the crime, then the sentencing for manslaughter could be:

• Probation, with anywhere from 0 days in jail to 12 months in jail; or
• A minimum of 3 years in prison and up to a maximum of 12.5 years in prison.

You face longer time in prison if you have a criminal record.

If you are charged with manslaughter as a Class 2 Dangerous Felony, meaning that you either used a deadly weapon (e.g., a gun) or a dangerous instrument (e.g., a car or a hammer), then a prison sentence is mandatory. If this is the case, then the sentencing for manslaughter could be:

• A minimum of 7 years in prison and up to a maximum of 21 years in prison.

And if you have a criminal record, then you again face longer time in prison.

If you have already been convicted of manslaughter, our team also handles post-conviction relief and direct appeals in Arizona.

Manslaughter Sentence in Arizona

According to Arizona Manslaughter sentencing guidelines, manslaughter is classified as a Class 2 felony under A.R.S. § 13-1103, carrying severe penalties depending on the circumstances of the offense. For a non-dangerous first-time offense, sentencing may include probation (with up to 12 months in jail) or a prison term ranging from 3 to 12.5 years, with a presumptive sentence of around 10.5 years. However, if the offense is deemed “dangerous”, meaning a deadly weapon (such as a gun) or a dangerous instrument (such as a car or hammer) was used, a mandatory prison sentence applies, ranging from 7 to 21 years. Prior criminal convictions can substantially increase these penalties. Because of the seriousness of these charges and the potential for lengthy incarceration, anyone accused of manslaughter in Arizona should seek experienced legal representation to protect their rights and build a strong defense strategy.

Defenses to Manslaughter in Arizona

Because this crime can be committed in different ways, the case strategy and what defenses to use depend on the circumstances of an individual case. Common defenses include:

1. Poor Quality of the Evidence and Investigation

This is a common manslaughter defense used for all types of criminal charges. Your defense attorney will also help you determine whether any experts need to be hired to attack the reliability of the evidence being used against you. Examples of the types of evidence or areas of the investigation that you can fight include:

• Securing of the crime scene – Was the crime scene properly preserved and documented?
• Collection of physical evidence such as blood, guns, and ammunition – Were proper procedures followed? Did the police fail to preserve important evidence?
• Blood alcohol or drug test results – Did the police’s crime laboratory follow proper methods in testing evidence? Are the test results accurate and reliable?
• Crime scene reconstruction – Did the prosecution’s expert use a faulty method in reconstructing how the crime occurred?
• Eyewitnesses – How reliable is the prosecution’s eyewitnesses? What ulterior motives do they have?

2. Someone Else or Something Else Caused the Death

A very important manslaughter defense is that you did not cause the death of the other person. For example, while in the heat of passion, you shoot someone. The person you shot is driven to the hospital but gets into a car accident on the way there. The person you shot ultimately dies. The prosecution charges you with manslaughter for shooting and killing the person. But your independent defense expert reviews the evidence and finds that the person died from the car accident injuries, not from the gunshot injuries.

3. Your Actions Were Not Reckless

Another manslaughter defense is to show that your behavior did not rise to the level of recklessness. Maybe the prosecution overcharged you, and your actions were only criminally negligent, not reckless. So, you should have been charged with the less serious crime of negligent homicide, not Manslaughter. Also, maybe the cause of death was just an accident, not criminal conduct. For example, a gun accidentally went off when someone else tried to grab the gun from you, causing it to go off and kill another person.

Manslaughter Defense Lawyers in Phoenix, AZ

When facing serious charges, you need to ensure that you have an experienced manslaughter defense lawyer on your side. You need the best possible strategy and defense for your individual case. At Feldman Royle Ahl, our homicide attorneys have successfully defended clients charged with all types of murder. Our Criminal Defense Attorneys in Phoenix are dedicated to protecting your rights and securing the best possible outcome.. Contact our office as soon as possible for a free consultation.

Why Choose Feldman Royle Ahl for Defending Manslaughter Charges?

At Feldman Royle Ahl, we understand that a manslaughter charge can put your freedom, reputation, and future at risk. If you are searching for the manslaughter meaning, wondering what is the sentence for manslaughter, or looking for experienced manslaughter defense Arizona Phoenix representation, our approach starts with understanding exactly what happened and challenging the evidence against you.

Extensive Knowledge of Arizona Manslaughter Law

Arizona manslaughter law is complex, and the circumstances of a case can significantly affect the potential outcome. ARS 13-1103 defines manslaughter and identifies several circumstances under which a person may be charged. Feldman Royle Ahl’s defense lawyers examine the allegations closely to determine whether the facts actually satisfy the legal requirements for a manslaughter charge.

Thorough Review of the State’s Evidence

A manslaughter conviction requires the State to prove the necessary elements beyond a reasonable doubt. Our defense lawyers carefully review police reports, witness statements, forensic evidence, medical records, crime-scene evidence, and other investigative materials. This detailed review can uncover inconsistencies, unreliable evidence, or investigative failures that may weaken the prosecution’s case.

Challenging Recklessness and Causation

In many manslaughter cases, the prosecution must establish that the defendant’s conduct caused the death and, in certain circumstances, that the conduct was reckless. Feldman Royle Ahl’s defense lawyers examine whether the alleged conduct actually meets Arizona’s legal standard for recklessness and whether the evidence establishes a sufficient connection between the conduct and the death.

A Defense Strategy Built Around Your Case

No two manslaughter cases are exactly alike. Whether the allegations involve reckless conduct, a sudden quarrel or heat of passion, aiding suicide, coercion, or another circumstance covered by Arizona law, Feldman Royle Ahl develops a defense strategy based on the specific facts and evidence. An experienced Arizona manslaughter attorney can identify the legal and factual issues that may provide opportunities to challenge the charges.

Preparing for the Potential Consequences

If you are asking what is the sentence for manslaughter, understanding the potential penalties is an important part of evaluating your defense. Manslaughter is a serious felony in Arizona, and the potential consequences can depend on the circumstances of the offense and other factors. Feldman Royle Ahl’s defense lawyers evaluate these risks from the beginning and work toward the best possible outcome, whether that involves challenging the charges, pursuing a reduction, negotiating when appropriate, or taking the case to trial.