What you Should Know
When someone’s carelessness results in serious harm or death, they may face more than just civil liability—they could be charged with a crime. In Arizona, this falls under the category of criminal negligence, a legal standard that holds individuals accountable for actions (or failures to act) that show a gross deviation from reasonable behavior.
Understanding Criminal Negligence Under Arizona Law
Arizona law defines criminal negligence as failing to perceive a substantial and unjustifiable risk that a reasonable person would recognize in the same situation. The behavior must be so egregiously careless that it crosses the line into criminal wrongdoing.
Criminal negligence is different from recklessness or intentional harm. A reckless individual knows the risk and disregards it. A criminally negligent individual fails to notice the risk altogether—but the risk is so obvious that the law expects better judgment.
Common Examples in Arizona
Arizona courts see criminal negligence charges in a variety of contexts, including:
- Criminally negligent homicide (A.R.S. § 13-1102) – A Class 4 felony
- Leaving a child or pet in a hot vehicle
- Unsecured firearms that lead to accidental shootings
- Neglect of a dependent adult or child
- Failure to seek medical help for someone in danger
Each of these cases turns on whether a reasonable person in Arizona would have acted differently.
Penalties for Criminal Negligence in Arizona
Penalties vary depending on the circumstances. A conviction could lead to:
- Class 1 misdemeanor – Up to 6 months in jail and fines
- Class 4 felony – Up to 3.75 years in prison for first-time offenders
- Probation, community service, or restitution
- Loss of custody rights or professional licensure
For example, if a parent’s failure to supervise results in a child’s serious injury, Arizona prosecutors may pursue felony charges—even if there was no intent to cause harm.
How Rideout Law Group Defends Criminal Negligence Charges
At Rideout Law Group, our Arizona criminal defense attorneys take a strategic approach:
- We investigate whether the risk was foreseeable and preventable.
- We analyze if the accused’s actions meet the legal threshold of gross negligence.
- We challenge overbroad or unfair charges to reduce or dismiss them.
Whether your case is in Maricopa County, Mohave County, or elsewhere in Arizona, our team is ready to advocate for you with knowledge and urgency.
Your Rights Matter—Even in Accidents
Being charged with criminal negligence can feel overwhelming—especially when the incident was unintentional. But Arizona law still guarantees your rights, including the presumption of innocence and the right to a strong legal defense.
Let our team help you protect your freedom, your record, and your future.
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