(602) 307-0808

Call Now, Open 24/7

Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona

Negligent Homicide in Arizona | A.R.S. §13-1102

Ranking Arizona Logo
Super Lawyers Logo
Avvo Logo
Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
Table of Contents

Negligent Homicide in Arizona | A.R.S. §13-1102

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

Ranking Arizona Logo - DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 1,000+ Assault/Violent Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Assault/Violent Crime Victories!

Beware of Assault/Violent Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Negligent Homicide Crimes Attorney and Assault/Violent Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Assault/Violent Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Negligent Homicide Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Negligent Homicide cases.

Every Major Felony Negligent Homicide case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Negligent Homicide Law Team in Arizona

How do you know who has the best Negligent Homicide Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Negligent Homicide in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Negligent Homicide Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Negligent Homicide Defense Team, DM Cantor.

David is a highly-skilled Negligent HomicideDefense Lawyer who knows the Negligent Homicide laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Negligent Homicide Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Negligent Homicide overview as to how the DM Cantor Phoenix Negligent Homicide Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Negligent Homicide. So whether you have a single Negligent Homicide charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Negligent Homicide Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Negligent Homicide Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Negligent Homicide charge.

What is Negligent Homicide in Arizona?

According to laws in Arizona, per A.R.S. §13-1102 “Negligent Homicide” occurs when a person commits an act of criminal negligence which causes the death of another person.

“Criminal negligence” means the following: with respect to the result, or to a circumstance, a person fails to perceive a substantial and unjustifiable risk the result will occur, or that the circumstance exists. The risk must be of such a nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. Negligent Homicide does not allege that the defendant intended or wanted to kill anyone, but that the death of some person was due to the risky behavior of the defendant; behavior that a reasonable person would not have done because of the risk that someone might get hurt.

Watch this short video where David explains Negligent Homicide in Arizona:

charge of Negligent Homicide is very similar to Manslaughter; however, Manslaughter is a “recklessness” standard which requires a gross deviation from a standard of conduct verses a “negligence” standard involving a gross deviation from a standard of care. Typically Negligent Homicide does not have as high a punishment as a Manslaughter conviction.

If you have been charged with Negligent Homicide in Arizona, call our offices now at (602) 307-0808. We offer Free Case Reviews and our office is available 24 hours a day.


Possible Punishment for Negligent Homicide

If convicted of a Negligent Homicide that did not involve the use of a dangerous instrument or deadly weapon, then the crime is classified as a “non-dangerous” class four (4) felony. A first offense carries a potential punishment of probation with zero (0) days in jail to one (1) year in jail -or- prison of one (1) year to three and three-quarters (3.75) years in custody. However, if this is not the defendant’s first offense and he has one (1) historical allegeable prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable prior convictions, then the “prison only” range is six (6) to fifteen (15) years.

If the jury determines there was a dangerous instrument or deadly weapon used, then the crime is categorized as class four (4) “dangerous” felony. A first offense carries a minimum of four (4) years in prison, six (6) years presumptive in prison, and eight (8) years maximum in prison. If the defendant has one (1) allegeable historical prior conviction, the minimum is eight (8) years, presumptive is ten (10) years, and maximum is twelve (12) years incarceration. If the defendant has two (2) allegeable historical prior convictions, the minimum sentence is twelve (12) years, presumptive is fourteen (14), and maximum is sixteen (16) years incarceration.


Possible Defenses for Negligent Homicide

The prosecution must prove that the death was caused by the defendant’s “criminal negligence.” Basically, this means that the defendant failed to perceive a substantial and unjustifiable risk the death of the victim would occur, and their failure to understand that risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

The key is demonstrating that the defendant’s failure to understand that his behavior could result in the victim’s death was not a gross deviation from what a reasonable person would have known. It will be important to show that, first and foremost, the death was an accident, and was not the defendant’s fault. The blame must be put on the victim or some other person. If it is not possible to place the blame for the circumstance that caused the death on anyone else, then the defense must present evidence that this death could have happened to anyone in the defendant’s shoes. A reasonable person would not have acted very differently than the defendant did. For example, in the case where children drown in a pool and the prosecution charges the parent’s with Negligent Homicide, part of the defense would be to put forth evidence of all the protective measures that the parents took to prevent the accident, including a pool cover and a baby gate. We would also present evidence that these are the protective measures a reasonable person would make, and it was not unreasonable for the defendant not to take further protective measures.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case.

Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and other identification procedures, and inaccurate crime scene reconstruction. It is important to hire a skilled Negligent Homicide lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Click here… if you have not been charged with Negligent Homicide yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Arizona Homicide Defense Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Homicide Defense Attorneys know the system well.

The 17 Best Negligent Homicide Defenses

Click here… if you have not been charged with Negligent Homicide yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Negligent Homicide lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Negligent Homicide Lawyers in Arizona know the system well.

The Collateral Consequences Of An Negligent Homicide Conviction

The effects of a Negligent Homicide conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Mitigation

When it comes to “Mitigation” regarding a charge of Negligent Homicide, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Work with a DM Cantor Phoenix Negligent Homicide Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Negligent Homicide Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Negligent Homicide Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Negligent Homicide Lawyers always offer free consultations for an initial visit with our Phoenix Negligent Homicide Defense Attorneys. We are often considered to be the “best Negligent Homicide Defense Lawyer”.

DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona
Free Initial Consultation
Open 24/7
Free Initial Consultation

Fill out the form below to receive a free and confidential initial consultation.

Learn how we helped 100 top brands gain success

Call Now Button