Auto Fatality and Vehicular Crimes
The Law Offices of Shawn B. Hamp defends individuals charged with crimes involving motor vehicle collisions and incidents in which drivers are accused of driving recklessly or under the influence of alcohol, illegal drugs or prescription medication (DUI).
Arizona has some of the toughest impaired driving laws in the country, with many types of first-time offenses punishable by mandatory jail time. Serious or repeat offenses can result in significant increased incarceration time. Offenders charged with causing serious injury and fatality accidents may face several years of mandatory incarceration and prison.
Homicide Vehicular Crimes
Arizona has four types of homicide. They range from first degree murder, second degree murder, manslaughter, and negligent homicide. Most vehicular crimes involving homicide are charged as involving manslaughter or negligent homicide depending on the circumstances.
A.R.S. §13-1105 – First Degree Murder
Intentional and premeditated. “Intending or knowing that the person’s conduct will cause death . . . with premeditation”
A.R.S. §13-1104 – Second Degree Murder
Intentional or “manifesting extreme indifference to human life” but without premeditation.
A.R.S. §13-1103 – Manslaughter
Recklessly causing death. “Recklessly means . . . that a person is aware and consciously disregards a substantial and unjustifiable risk of such nature and degree that disregard of such risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation” (voluntary intoxication is not a defense in any criminal matter under Title 13)
A.R.S. §13-1102 – Negligent Homicide
Criminal Negligence. ” ‘Criminal negligence’ means that a person fails to perceive a substantial and unjustifiable risk . . . of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
Other Vehicular Crime Charges
There are several criminal charges that may be simultaneously filed as additional counts in vehicular crimes and auto accident cases.
A.R.S. §13-1204 (A)(1) – Aggravated Assault – Serious Physical Injury
Intentionally, knowingly or recklessly causing serious physical injury to another person. “Serious Physical Injury” includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
A.R.S. §13-1204(A)(2) – Aggravated Assault – Dangerous Instrument
Intentionally, knowingly, or recklessly causes injury to another using a deadly weapon or dangerous instrument. “Dangerous Instrument” means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
A.R.S. § 13-1602 – Criminal Damage
Recklessly damaging property of another. (A Class 4 Felony over ten thousand damage, Class 5 Felony over two thousand damage, Class 6 Felony over one thousand damage).
A.R.S. § 13-1201 – Endangerment
Recklessly endangering another person with a substantial risk of imminent death (Class 6 Felony) or physical injury. (Class 1 Misdemeanor)
Top Experts, Experienced Trial Lawyers, Best Results
We work with top auto accident reconstruction and forensic intoxilyzer experts to investigate all defenses in a vehicular crime accident.
Our experts review all police reports and visit fatal accident scene investigations to determine the real causes of an accident.
Our trial team will leave no stone unturned to defend our clients. Too much is at stake to cut corners.
Our Legal Team Is Ready To Help Contact Us For a Free Case Evaluation
Call 928-753-6868 or toll free at 866-490-HAMP. You can also contact us online. Case Evaluations are free.