Understanding Arizona Murder – 1st Degree: ARS 13-1105
Facing 1st degree murder charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of the Arizona 1st degree murder law. It explains key terms and the 1st degree murder sentence in Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with 1st degree murder, let Lawyer Listed match you with your ideal Arizona homicide lawyer as soon as possible.
What is 1st Degree Murder Arizona?
The most serious form of Arizona murder is first-degree murder, which typically involves causing another person’s death with premeditation. This means prosecutors must prove beyond a reasonable doubt that you planned the killing in advance. This critical element of premeditation is what separates first-degree murder from the lesser charge of second-degree murder, making it the most severe homicide offense in the state.
ARS 13 1105 defines three distinct scenarios that can result in first-degree murder charges in Arizona:
1. Premeditated Murder Arizona:
Premeditated murder occurs if you intentionally or knowingly cause another person’s death, including that of an unborn child, with premeditation. Under Arizona law, premeditation means you had the specific intent to kill or knowledge that death would result from your actions, and you understood and reflected upon this intent before carrying out the killing.
Premeditation doesn’t require extensive planning or a long period of reflection. The time between forming the intent to kill and actually committing the act can be remarkably brief – even seconds can be sufficient for premeditation if there was any moment of reflection prior to taking another’s life.
This does not mean that every intentional killing qualifies as premeditated murder. An act will not be considered premeditated if it happens as the immediate result of a sudden quarrel or in the heat of passion.
2. Felony Murder Arizona:
Felony murder represents a unique category of Arizona murder that doesn’t require premeditation or even direct intent to kill someone. Instead, this charge applies when a death occurs during the commission of certain serious felonies or during your immediate escape from those crimes.
One of the most important aspects of felony murder Arizona law is that you don’t have to be the person who directly caused the death. Anyone who participated in the underlying felony can face first-degree murder charges if someone dies during the crime, even if that death was unintentional or caused by someone else entirely.
Arizona law specifies numerous underlying felonies that can trigger felony murder charges, including but not limited to:
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3. Law Enforcement Murder Arizona:
The third category of Arizona first-degree murder involves the intentional or knowing killing of a law enforcement officer who was performing their official duties at the time of their death.
This type of Arizona murder charge doesn’t require premeditation, nor does it require that the killing occur during another felony. The victim’s status as an on-duty officer means the killing automatically qualify as first-degree murder.
Sentencing for Arizona Murder – 1st Degree:
The first-degree murder sentence in Arizona represents some of the harshest penalties available in the state’s criminal justice system. Your specific sentence will depend on several critical factors, including the type of first-degree murder charge, your criminal history, the circumstances surrounding the crime, and the presence of aggravating or mitigating factors.
The following table outlines the severe sentencing ranges for each category of first-degree murder:
| Felony | Special Circumstance | Sentence (min – max) |
|---|---|---|
| Class 1 | Premeditated murder | Natural life – Death penalty |
| Class 1 | Felony murder | Life – Natural life |
| Class 1 | Law enforcement murder | Natural life – Death penalty |
Life Imprisonment:
A sentence of “Life” means imprisonment without any possibility of release for a minimum of 25 calendar years if the victim was 15 years old or older, or 35 calendar years if the victim was younger than 15 or was an unborn child.
The term “calendar year” has a specific legal meaning. It represents 365 days of actual time served behind bars without any possibility of release, suspension, commutation, probation, pardon, parole, work furlough, or release from prison for any reason whatsoever. This means you must serve every single day of your sentence in a correctional facility.
Natural Life Imprisonment:
A sentence of “Natural Life” represents the most severe form of imprisonment available short of the death penalty. This means you will remain in prison until you die, with absolutely no possibility of commutation, parole, work furlough, work release, or release from confinement for any reason. You will not be eligible for any form of release under a natural life sentence.
Death Penalty:
When prosecutors seek the death penalty, the case enters a separate, highly complex sentencing phase that occurs after a guilty verdict. During this critical phase, the same jury that convicted you must unanimously determine whether one or more aggravating circumstances has been proven beyond a reasonable doubt to justify the death penalty.
Aggravating circumstances that can support a death sentence include particularly heinous, cruel, or depraved acts; prior serious felony convictions; the victim’s young age; and various other factors that make the crime especially serious. The prosecution bears the burden of proving these aggravating factors to the jury.
Simultaneously, your defense team will present every possible mitigating circumstance to persuade the jury to spare your life and impose a life sentence instead. Mitigating factors might include mental health disorders, your age at the time of the crime, childhood trauma, substance abuse issues, or other circumstances that explain or partially excuse your actions.
The jury receives specific instructions that they should not vote to impose the death penalty unless they find “there are no mitigating circumstances sufficiently substantial to call for leniency.” This high standard reflects the gravity of sentencing someone to death.
Following this aggravation phase, the jury must determine whether the death penalty is warranted. If the jury unanimously finds that the death penalty is appropriate, the court will impose a sentence of death. If the jury unanimously finds that the death penalty is not appropriate, the court will impose a sentence of either life or natural life. If the jury is unable to come to a unanimous decision, the aggravation phase will end in a hung jury, and the determination of the death penalty will be heard by a new jury.
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: First-degree murder in Arizona encompasses three distinct scenarios under ARS 13-1105, each carrying severe potential consequences:
- Premeditated Murder: This involves the intentional killing of another person, including unborn children, when the defendant planned the crime in advance. Premeditation distinguishes this charge from lesser homicide offenses and makes it eligible for the harshest penalties under Arizona law.
- Felony Murder: This charge applies when someone dies during the commission of certain serious felonies, regardless of whether anyone intended to kill. The underlying felonies that can trigger this charge include sexual offenses involving minors, sexual assault, child molestation, terrorism, drug trafficking, drive-by shootings, kidnapping, burglary, arson, robbery, escape from custody, child abuse, and unlawful flight from law enforcement. Importantly, all participants in the underlying felony can face murder charges if anyone dies during the crime.
- Law Enforcement Murder: This category covers the intentional killing of police officers, sheriff’s deputies, or other law enforcement personnel while they’re performing their official duties. This charge doesn’t require premeditation beyond the intent to kill the officer.
- Definition: First-degree murder in Arizona encompasses three distinct scenarios under ARS 13-1105, each carrying severe potential consequences:
- Sentencing:
- Class 1 Felony:
- Premeditated Murder: Natural life or death penalty.
- Felony Murder: Life or natural life imprisonment.
- Law Enforcement Murder: Natural life or death penalty.
- Consequences:
- Life Sentence: A life sentence requires serving a minimum of 25 calendar years without any form of release if the victim was 15 or older, or 35 calendar years if the victim was younger than 15 or was an unborn child. “Calendar years” means actual time served – 365 days per year with no reductions, early release, or alternative programs.
- Natural Life: This sentence means you will remain in prison until you die, with absolutely no possibility of parole, commutation, or any other form of release. It represents life imprisonment without any hope of freedom.
- Death Penalty: Capital cases involve a separate sentencing phase where the jury must unanimously find proven aggravating circumstances that justify the death penalty. The defense presents mitigating circumstances to argue for a life sentence instead. The jury must unanimously agree on the death penalty; otherwise, the court imposes either life or natural life imprisonment.
Next Steps:
First-degree murder charges in Arizona represent the most serious criminal allegations possible, with consequences that can literally determine whether you live or die. The charges and the resulting sentence depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing first-degree Arizona murder charges, engaging a skilled homicide attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.