A murder charge is the most serious accusation you can face in Arizona. The degree of the charge, whether it is first, second, or third degree, affects everything from the possible prison sentence to the defense strategies available to you. This guide explains the differences between the degrees of murder, how Arizona law classifies these charges, and what you should do if you or someone you care about is facing a homicide charge.
Quick answer: degrees of murder • First-degree murder (ARS 13-1105) is a premeditated killing, a killing committed during certain felonies, or the killing of law enforcement. It is a Class 1 felony punishable by death or life imprisonment. • Second-degree murder (ARS 13-1104) is a killing committed intentionally or knowingly without premeditation or under circumstances showing extreme indifference to human life. Standard sentencing for a first-time offender is 10 to 25 years, but enhancements may apply. • Third-degree murder does not exist in Arizona. Arizona instead uses manslaughter (ARS 13-1103) and negligent homicide (ARS 13-1102) to cover conduct that falls below murder. Manslaughter is a Class 2 felony with 7 to 21 years in prison. • The key difference between the degrees is the level of intent, planning, and recklessness behind the killing. |
What are the degrees of murder?
In the United States, murder charges are commonly divided into degrees based on intent, premeditation, recklessness, and the surrounding circumstances. The higher the degree of intent, the more severe the charge and the harsher the potential punishment.
What is first-degree murder in Arizona?
First-degree murder is defined under ARS 13-1105. It is the most serious criminal charge in Arizona. A conviction can result in the death penalty or life in prison without the possibility of release.
Under Arizona law, there are three ways a person can be charged with first-degree murder.
Premeditated murder
This is the type of murder most people think of first. It means the person intended to kill someone and thought about the decision before acting on it. The planning does not need to be elaborate. Under Arizona law, premeditation can happen in just a few moments. Even a brief pause to reflect on the decision to kill can be enough for the prosecution to argue premeditation.
Felony murder
Arizona follows the felony murder rule. This means a person can be charged with first-degree murder if someone dies during the commission of certain serious felonies, even if the death was not intentional. The qualifying felonies include sexual assault, kidnapping, burglary, robbery, arson, child abuse, drug trafficking offenses, and drive-by shooting. Under this rule, all participants in the felony can be charged with murder, not just the person who directly caused the death.
Murder of a law enforcement officer
A person can also be charged with first-degree murder if they intentionally or knowingly cause the death of a law enforcement officer who is acting in the line of duty.
First-degree murder is classified as a Class 1 felony in Arizona. The possible sentences include life in prison with no possibility of release or the death penalty. For the death penalty, the state must file a notice of intent to seek it and prove at least one aggravating circumstance. There is no statute of limitations for murder in Arizona, meaning you can be charged at any time, no matter how many years have passed.
What is second-degree murder in Arizona?
Second-degree murder is defined under ARS 13-1104. It is less serious than first-degree murder but still carries severe penalties. The key difference is the absence of premeditation. The prosecution does not need to prove that the person planned the killing in advance.
Arizona law defines three ways a person can commit second-degree murder.
Intentional killing without premeditation
This covers situations where someone intentionally kills another person, but the decision to kill was made in the moment rather than planned in advance. For example, if two people get into a heated argument and one person suddenly grabs a weapon and kills the other, that could be second-degree murder. The person intended to kill, but they did not plan it beforehand.
Knowing conduct that causes death
A person can also be charged with second-degree murder if they engage in conduct they know will cause death or serious physical injury, and someone dies as a result. The distinction here is that the person may not have specifically intended to kill, but they knew their actions were likely to cause death. An example would be pushing someone off the roof of a 10-story building. There may be no intent to kill the person, but the action is known to be likely to cause death.
Extreme recklessness (depraved heart murder)
This applies when a person acts with extreme indifference to human life. They recklessly engage in conduct that creates a grave risk of death, and someone dies as a result. An example might be firing a gun into a crowded room without aiming at anyone specific, or driving at extreme speeds through a busy residential neighborhood. The person did not intend to kill anyone, but their behavior was so dangerous that it showed a complete disregard for whether anyone lived or died.
Second-degree murder is a Class 1 felony. For a first-time offender, the sentencing range is 10 to 25 years in prison, with a presumptive sentence of 16 years. These sentences are served day for day, meaning there is no early release for good behavior. If the victim was under 15 years old, enhanced penalties can apply, including up to life in prison.
What is third-degree murder?
Third-degree murder is recognized in only a few states, including Florida, Minnesota, and Pennsylvania. In these states, third-degree murder generally covers killings that involve recklessness or killings that happen during certain less serious felonies.
Arizona does not have a third-degree murder charge. In Arizona, the types of killings that other states might classify as third-degree murder are covered by two separate charges: manslaughter (ARS 13-1103) and negligent homicide (ARS 13-1102).
Manslaughter in Arizona
Manslaughter applies when a killing does not meet the legal definition of murder but is still more serious than an accident. Under ARS 13-1103, a person commits manslaughter by:
- Recklessly causing the death of another person. This means the person was aware of a substantial risk that their actions could cause death and chose to ignore it. Examples include aggressive driving or racing that leads to a fatal crash or carelessly handling a firearm in a way that results in death.
- Killing someone in the heat of passion or during a sudden quarrel. This is what many people call a “crime of passion.” If someone is adequately provoked by the victim and kills them in an intense, emotionally charged moment, the charge may be manslaughter instead of second-degree murder.
- Intentionally helping another person commit suicide or knowingly causing the death of an unborn child through injury to the mother.
Manslaughter is a Class 2 felony. The presumptive sentence for a first-time offender is 10.5 years, with a range of 7 to 21 years. Prior felony convictions can increase the maximum sentence significantly.
Negligent homicide
Negligent homicide (ARS 13-1102) is the least serious homicide charge in Arizona. It applies when a person causes another person’s death through criminal negligence. This means they failed to perceive a substantial risk that a reasonable person would have noticed. This charge often comes up in cases involving car accidents or workplace safety failures.
Arizona homicide charges: penalties compared
This table provides a side-by-side comparison of homicide charges in Arizona, including the statute, classification, sentencing range, and the key element that distinguishes each charge.
|
Charge |
Arizona Statute |
Classification |
Sentence Range |
Key Element |
|
First-degree murder |
ARS 13-1105 |
Class 1 felony |
Death or life in prison |
Premeditation or felony murder |
|
Second-degree murder |
ARS 13-1104 |
Class 1 felony |
10 to 25 years |
Intent without premeditation |
|
Manslaughter |
ARS 13-1103 |
Class 2 felony |
7 to 21 years |
Recklessness or heat of passion |
|
Negligent homicide |
ARS 13-1102 |
Class 4 felony |
1 to 3.75 years |
Criminal negligence |
Common myths about murder charges
Myth: All murders are treated the same in court.
Reality: Murder charges in Arizona range from negligent homicide to first-degree murder. The degree of the charge depends on intent, planning, and the circumstances of the killing. These distinctions can mean the difference between a few years in prison and life without release. In extreme cases murder can lead to the death penalty.
Myth: If I didn’t mean to kill anyone, I can’t be charged with murder.
Reality: Under Arizona law, you can be charged with second-degree murder even if you did not specifically intend to kill someone. Acting with extreme recklessness that shows a total disregard for human life, such as firing a weapon recklessly into a crowd, can be enough. You can also be charged with first-degree murder under the felony murder rule if someone dies during a qualifying felony you were involved in, even if the death was unintended.
Myth: Arizona has third-degree murder charges.
Reality: Arizona does not have a third-degree murder charge. Only three states, Florida, Minnesota, and Pennsylvania, recognize third-degree murder. In Arizona, the charges that other states might call third-degree murder are covered by manslaughter (ARS 13-1103) and negligent homicide (ARS 13-1102).
Frequently asked questions
Q: What is the difference between murder and manslaughter in Arizona?
A: Murder requires intent to kill or extreme recklessness. Manslaughter covers killings that happen due to recklessness or during a sudden quarrel or heat of passion. Manslaughter carries lighter sentences (7 to 21 years) compared to second-degree murder (10 to 25 years) or first-degree murder (life or death).
Q: Is there a statute of limitations for murder in Arizona?
A: No. There is no statute of limitations for murder in Arizona. You can be charged at any time, even decades after the alleged crime.
Q: What does “premeditation” actually mean under Arizona law?
A: Premeditation means the person thought about and decided to kill before acting. It does not require weeks or months of planning. Under Arizona law, premeditation can happen in a matter of moments. Even a brief pause to consider the decision to kill may be enough for a first-degree murder charge.
Q: Does Arizona have the death penalty for murder?
A: Yes. Arizona allows the death penalty for first-degree murder if the prosecution proves at least one aggravating circumstance. Aggravating circumstances include factors like whether the crime was especially cruel, whether the victim was under 15, or whether the defendant has prior serious felony convictions.
Q: Can you be charged with murder if you did not physically kill anyone?
A: Yes. Under Arizona’s felony murder rule (ARS 13-1105), you can be charged with first-degree murder if someone dies during the commission of a qualifying felony, even if you were not the one who directly caused the death. For example, a getaway driver in an armed robbery where someone is killed can be charged with first-degree murder.
Find the right attorney for your case
If you or someone you care about has been charged with any degree of murder or homicide in Arizona, the most important step you can take right now is finding an experienced criminal defense attorney who knows Arizona law. A murder charge is not something you should face alone.
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