Arizona criminal charge
Accidents involving death or physical injuries in Arizona
Accidents involving death or physical injuries is a criminal offense under Arizona law, defined by A.R.S. § 28-661. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 28-661.
What is the penalty for accidents involving death or physical injuries in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2.5 years to 7 years (Failure to stop — accident resulting in death or serious physical injury, not caused by driver — Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver did not cause the accident.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Failure to stop — accident resulting in death or serious physical injury, not caused by driver — Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver did not cause the accident.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Failure to stop — accident resulting in death or serious physical injury, caused by driver — Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver caused the accident.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Failure to stop — accident resulting in death or serious physical injury, caused by driver — Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver caused the accident.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Failure to stop — accident resulting in other injury — Driver fails to stop or comply with section 28-663 after an accident resulting in an injury other than death or serious physical injury.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Failure to stop — accident resulting in other injury — Driver fails to stop or comply with section 28-663 after an accident resulting in an injury other than death or serious physical injury.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 3.5 years.
How is accidents involving death or physical injuries classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to stop — accident resulting in death or serious physical injury, not caused by driver | Class 3 Felony | Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver did not cause the accident. | A.R.S. § 28-661C |
| Failure to stop — accident resulting in death or serious physical injury, caused by driver | Class 2 Felony | Driver fails to stop or comply with section 28-663 after an accident resulting in death or serious physical injury as defined in section 13-105, and the driver caused the accident. | A.R.S. § 28-661C |
| Failure to stop — accident resulting in other injury | Class 5 Felony | Driver fails to stop or comply with section 28-663 after an accident resulting in an injury other than death or serious physical injury. | A.R.S. § 28-661D |
Common questions about accidents involving death or physical injuries in Arizona
Is accidents involving death or physical injuries a felony or a misdemeanor in Arizona?
It depends on the circumstances: accidents involving death or physical injuries ranges from a Class 5 Felony to a Class 2 Felony in Arizona under A.R.S. § 28-661.
Failure to stop — accident resulting in death or serious physical injury, not caused by driver: Class 3 Felony (A.R.S. § 28-661C) · Failure to stop — accident resulting in death or serious physical injury, caused by driver: Class 2 Felony (A.R.S. § 28-661C) · Failure to stop — accident resulting in other injury: Class 5 Felony (A.R.S. § 28-661D)
What are the penalties for accidents involving death or physical injuries in Arizona?
Penalties for accidents involving death or physical injuries in Arizona depend on how it is classified — from a Class 5 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers accidents involving death or physical injuries?
Accidents involving death or physical injuries is governed by A.R.S. § 28-661 (Accidents involving death or physical injuries; autonomous vehicles; neighborhood occupantless electric vehicles; failure to stop; violation; classification; driver license revocation; restricted privilege to drive; alcohol or other drug screening).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.