What is vehicular homicide in Arizona?

The page explains that the most serious driving-related crime in Arizona is vehicular homicide, in which an illegal traffic offense leads to someone’s death (Arizona Criminal Code §13-1101). It notes that a driver can be charged with different degrees, including first-degree vehicular homicide (with premeditation or while fleeing police), second-degree vehicular homicide (two reckless acts in extreme indifference creating grave risk), vehicular manslaughter (an extremely reckless act that profoundly deviates from how reasonable motorists would act), and vehicular negligent homicide (reckless driving that disregards a risk a reasonable person would have recognized).

What is vehicular aggravated assault and what penalties can it carry in Arizona?

Under A.C.C.S. §13-1204, the page states that aggravated assault is when someone recklessly causes injury to another, including in vehicular collisions. It says a conviction for this Class 3 felony is punishable by five to 15 years in prison, with no eligibility for probation if charged as a “dangerous offense,” and explains this is often based on the theory that the injury was caused using a deadly weapon or dangerous instrument (a car or vehicle). The page also notes the charge is often accompanied by a separate Class 6 felony endangerment charge, which could include up to three additional years in prison.

What is an extreme DUI in Arizona and what penalties are listed on this page?

The page states that under A.R.S §28-1382, an extreme DUI can be charged if a motorist has a blood alcohol concentration (BAC) above 0.15. It says BACs above 0.15 but below 0.20 result in at least thirty consecutive days in jail and over $3,000 in fines and fees. For BACs above 0.20, it lists a minimum of 45 days in jail and fines and fees around $4,000. It also notes that those convicted of any DUI may be charged a $1,000 fee to have an interlock device installed in their vehicle for one year, and that much of the jail time can be “suspended” or done as home detention in some circumstances.

When can a DUI become an aggravated DUI in Arizona?

The page explains that a misdemeanor or extreme DUI can escalate to an aggravated charge with more severe penalties if: a minor younger than 15 was in the car; the motorist did not hold a valid driver’s license at the time of the arrest; the judge-ordered ignition interlocking device was not in use; or the motorist had two prior DUI offenses within the past seven years.

Mesa Vehicular Crimes Lawyer

Q: What are the penalties for leaving the scene of an accident in Arizona?

According to the page, A.R.S. §28-661 provides that leaving the scene after an accident where someone is even slightly injured can be charged as a Class 5 felony punishable by up to 30 months in prison. If someone is seriously injured or killed, it says the charge is a Class 3 felony with a jail sentence that could exceed eight years. If the fleeing motorist caused the accident, the page states they face Class 2 felony charges and over 12 years of incarceration. Even if no one is injured, it says leaving the scene would be charged as a misdemeanor and can lead to the loss of a driver’s license or privilege.

Mesa Vehicular Crimes Attorney

A moment’s miscalculation can lead anyone to cause an automobile crash. However, what begins as a typical car accident can end up being charged a crime in Arizona if the incident involved recklessness, alcohol or drugs, fleeing the scene, or a fatality.

If you were arrested after being involved in a traffic collision, contact the Grand Canyon Law Group immediately to speak with a Mesa vehicular crimes defense lawyer. Our committed legal advocates could be your best chance at defending against serious allegations and avoiding harsh consequences.

For a free legal consultation with a vehicular crimes lawyer serving Mesa, call 480-400-5555

LIST OF VEHICULAR CRIMES

The most serious driving-related crime in Arizona is vehicular homicide, in which an illegal traffic offense leads to someone’s death (Arizona Criminal Code §13-1101). In this scenario, a driver can be charged with one of several degrees of the crime.

First-degree vehicular homicide occurs when a driver runs someone down and kills them with premeditation, or if the driver is fleeing the police and someone is killed
Second-degree vehicular homicide occurs when a motorist commits two reckless acts in extreme indifference that put others at grave risk
Vehicular manslaughter occurs when a driver profoundly deviates from how reasonable motorists would act and commits an extremely reckless act
Vehicular negligent homicide occurs when a motorist acts recklessly driving in a way that disregards a risk that a reasonable person would have recognized.

Often, the defendant’s state of mind is a factor in determining the severity of vehicular homicide charges. A persuasive Mesa defense attorney can help ensure that one’s intentions (or lack thereof) are accurately represented when refuting these serious allegations of vehicular crimes.

VEHICULAR AGGRAVATED ASSAULT AND ENDANGERMENT

Under A.C.C.S. §13-1204, aggravated assault is when someone recklessly causes injury to another, including instances involving vehicular collisions. A conviction for this Class 3 felony is punishable by five to 15 years in prison, with no eligibility for probation if it is charged as a “dangerous offense”, which it almost certainly would be. The legal theory being that the defendant caused the injury using a deadly weapon or dangerous instrument, a car or vehicle. The charge is often exacerbated by the addition of a second, separate Class 6 felony charge of endangerment, which could include up to three additional years in prison.

LEAVING THE SCENE OF AN ACCIDENT

According to the A.R.S. §28-661, motorists who leave the scene after being involved in an accident where someone is even slightly injured can be charged with a Class 5 felony punishable by up to 30 months in prison. If someone is seriously injured or killed, the charge is a Class 3 felony with a jail sentence that could exceed eight years. If the fleeing motorist caused the accident, they face Class 2 felony charges and over 12 years of incarceration. Even if no one is injured, leaving the scene of an accident would be charged as a misdemeanor and can lead to the loss of a driver’s license or privilege.

DRIVING UNDER THE INFLUENCE

Arizona differentiates between misdemeanors and felonies for driving under the influence (DUI) charges. By A.R.S §28-1382, an extreme DUI can be charged if a motorist has a blood alcohol concentration (BAC) above 0.15. BACs above. 0.15 but below 0.20 will result in at least thirty consecutive days in jail and over $3,000 in fines and fees. For BACs above 0.20, the accompanying penalties are a minimum of 45 days in jail and assorted fines and fees around $4,000. Additionally, those convicted of any DUI may be charged a $1,000 fee to have an interlock device installed in their vehicle for one year. However, much of this jail time can be “suspended” or done as home detention in some circumstances.

It is important to note that a misdemeanor or extreme DUI can escalate to an aggravated charge with more severe penalties under the following circumstances:

A minor younger than 15 was in the car
The motorist did not hold a valid driver’s license at the time of the arrest
The judge-ordered ignition interlocking device was not in use
The motorist had two prior DUI offenses within the past seven years

Anyone facing these charges in Mesa, whether misdemeanor or felony, should contact a local vehicular crimes lawyer immediately to build a credible rebuttal and help mitigate the risk of escalated penalties.

Mesa Vehicular Crimes Lawyer Near Me 480-400-5555

WORK WITH A MESA VEHICULAR CRIMES DEFENSE ATTORNEY

No one anticipates getting into a car accident, let alone being accused of a crime because of it. Unfortunately, small mistakes on the road can lead to huge consequences without the proper legal guidance following police charges.

If you were involved in a traffic collision where someone was hurt or killed, call a Mesa vehicular crimes defense lawyer immediately. Our attorneys have successfully defended hundreds of vehicular cases. We are former prosecutors who know how the State is attempting to prove your case and where to look for the holes and weaknesses. We have relationships that allow us to negotiate or push to trial and have the highest chances of success. The experienced legal team at Grand Canyon Law is here to consult with you on how we will vigorously defend your case.

Call or text 480-400-5555 or complete a Free Case Evaluation form