This type of Arizona homicide is classified as causing death through a reckless act. However, manslaughter can also be the charge if a second degree murder is committed while the defendant was in a highly emotional state; crimes of passion are a classic example. You can also be charged with manslaughter if you are convicted of the death of an unborn child through a reckless act that physically caused harm to the child’s mother.
Manslaughter in Arizona & Intent
In essence, manslaughter does not occur when someone has intent to kill barring situations where the defendant is in an emotional state. If you are convicted of manslaughter, the punishment is five to 10 years in prison, though this can be increased to 12.5 years if convicted of aggravated manslaughter.
When Can Someone be Charged with Manslaughter in Arizona?
According to Arizona Revised Statutes Title 13 (Criminal Code), an individual can be charged with manslaughter if they meet the following criteria:
- Recklessly causing the death of someone else.
- Committing second degree murder because of a sudden quarrel or heat of passion assault due to victim provocation.
- Intentionally supplying the means for a victim to commit suicide, knowing that the individual intended to take their own life.
- Committing second degree murder while being coerced to do so because of deadly physical threats to oneself or to a third party, when a reasonable person would resist taking such action if put in the same situation.
- Recklessly or intentionally causing the death of an unborn child due to any form of physical injury to the mother.