 Hi, I'm David Cantor with the Law Offices of David Michael Cantor and today I'm going to talk about negligent homicide now Negligent homicide in Arizona is defined as negligently causing the death of another now negligence under the law is either the failure to perceive a Substantial and unjustifiable risk that a result or a circumstance exists. That means well. I'm driving a hundred miles per hour through a school zone Obviously that would be found to be a gross deviant Deviation of the standard of care that a reasonable person would observe in the same situation Now let's say you're driving that faster school zone at midnight. It's a little bit different than during school hours So there's a lot of differences here under the law of what a reasonable person at different times of the day would observe Now the punishment if you have no priors and you're convicted of negligent homicide and if you use a dangerous instrument That would be a car a gun a knife a bat something of that nature Is four to eight years in prison four years minimum six presumptive eight is the max now That's 85 percent you get 15% off for good behavior and early kick out four years Can actually be about three years and three months that you spend in custody and eight years actually drops to roughly six and a half years Now if there's no dangerous instrument, let's say you just got in a fight hit somebody they fell and they died Then you could be probation eligible You still could get prison of one to three point seven five years or you could get probation with zero days in jail up to a year in jail The reality is though the prosecutors are almost always asking for prison on these cases And that's where we get involved and we try to knock it down to probation offers now defenses a defense to negligent homicide can Include that there was no gross deviation of the standard of care Maybe a deviation, but not a gross deviation that it was just a mere accident. What do you mean mere accident? Well mom takes a phone call real quick turns her back child drowns in the pool that a mere accident You'd be amazed how many times they charged mothers with negligent homicide, which I think is in Most cases disgusting and it's really just an accident. I mean he Hasn't this mom suffered enough, but that's a personal view that I have other times It's the victim's fault like in a car accident other times is a supervening cause that means Yes, the person got hurt, but they died of an infection Maybe maybe two weeks later or while they're in the hospital. They got the wrong medication That has nothing to do with you. We use accident reconstruction Reconstructionists to show that it wasn't your fault. We have experts such as crime scene reconstructionists gunshot residue tool mark That's for guns ballistics. We we have defenses based on Miranda rights violations Right to counsel denials things of that nature now if your case involves a vehicular Negligent homicide you can go to our vehicular section and you'll see more challenges such as blood alcohol challenges evidence Spoilization that means the blood wasn't Transported correctly Statistical and diagnosical module. That's a black box. They put in your car that can show what happened right before an accident We can download that and view it Human factors experts They're an expert who can say nobody could reach the brakes that quick at that time of night in those lighting conditions We have all sorts of experts at our disposal if you go to our victories section You're gonna see we have over 20 homicide victories That's just a sampling over 3,000 total victories of all different types with dismissals reductions complete jury trial acquittals We have over 130 of those where at jury trial every single charge was found not guilty So if you look at all of that then give us a call at 6 o 2 3 0 7 0 8 0 8 set an appointment It'll take about an hour. We'll go over everything from top to bottom It won't cost you a dime, but it will take you an hour and hopefully we'll find a way out of this if it exists Factually or technically we're gonna find it. So I look forward to hearing from you soon