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You also have endangerment, which is a Class 6 felony. It’s where the state would have to prove that you endangered somebody else’s life by putting them at risk of substantial physical injury or death.
Another common one is leaving the scene of a serious, physical injury collision or leaving the scene of a collision that caused a death. All of these offenses I’ve talked about are felonies and they are all very serious, including endangerment and leaving or fleeing the scene of an accident.
Interviewer: Going back to endangerment, would you be charged if you had passengers and you were in an accident and you were at fault or if you had alcohol or drugs and you either had minors in the car or passengers that were injured?
Munoz: Yes, and that’s a great question. Matter of fact, it’s very common in Maricopa County that the state will charge the driver with either endangerment, aggravated assault, or even homicide if any of their passengers risked being hurt, are hurt, or actually die. The passengers are always included in those charges.
I have seen situations as a prosecutor, where the defendant was racing, was impaired by alcohol, got into a collision, and everyone lives except his passenger, who dies. These are situations where the state will file homicide charges for killing your own passenger, even if the passenger’s family does not want the charges to be filed.