Crime of Passion Law Arizona
What is the Crime of Passion Law?
A crime of passion is usually a homicide that is not premeditated but is rather conducted in the heat of the moment. The perpetrator commits the act of killing someone not because of a premeditated decision, but rather due to a sudden emotional impulse of anger, panic, or fear. One of the most famous tropes of a crime of passion is a man momentarily losing his sanity after finding his wife in bed with another man
What Does Crime of Passion Mean in Arizona?
The state of Arizona does not classify the act of murder into different categories. All acts of murder are either manslaughter or negligent homicide. Manslaughter includes all those crimes which are premeditated, thought out carefully, or require the convict to help in the killing of another person. On the other hand, negligent homicide includes all those cases where a crime of passion resulted in the death of another human being.
The Crime of Passion Law in Arizona
In the state of Arizona, a crime of passion law includes a bit of both manslaughter and negligent homicide. The crime of passion law has a broad definition in the state, so an individual will not be separately convicted of a crime of passion law in Arizona. They will still be convicted under one of the two major definitions of murder.
- Provocation: Killing another human after being provoked in the heart of an argument or a quarrel is sufficient grounds for being charged with the crime of passion law in Arizona. The attack during the argument was not premeditated but rather occurred as a result of constant provocation in a fight and a fit of anger.
- Being Forced To Kill: An individual may find themselves in a situation where they may be forced to kill a loved one due to dire straits or pressure from another human being. When taking into account such cases, courts usually look at whether the individual had another way out of the situation, or whether the forceful killing was a cover-up for their actual intentions.
- Unintentional Killing: An individual may unintentionally kill someone while trying to do something else. For example, a person may accidentally kill another by shoving them during an argument of a quarrel. Even though murdering the other person may not be on the individual's mind, their forceful actions may have resulted in the death of the victim.
- Self-defense: A person may be convicted under the crime of passion law if they are found to murder another person because of self-defense. It could be that their now- victim was harassing them or abusing them in some way, and the individual, after being pushed for too long, decided that the best way to escape their situation is by killing their abuser.
Punishment For The Crime of Passion in Arizona
Many aspects affect an individual's sentencing and punishment when it comes to the case of a crime of passion. Most importantly, whether or not an individual has prior convictions is an excellent determinant on whether their defense is real, or if further investigations are required.
Possible Sentences for Manslaughter (Class 2 Felony):
- Mitigated Sentence: 3 Years
- Minimum Sentence: 4 Years
- Presumptive Sentence: 5 Years
- Maximum Sentence: 10 Years
- Aggravated Sentence: 12.5 Years
Possible Sentence for Negligent Homicide (Class 4 Felony)
- Prison time for a minimum period of 1 year, and a maximum period of 8 years.
- The individual will have to pay fines and restitution.
- Possible suspension of the individual's driver's license if a car was involved when the incident was taking place.