Homicide

1st Degree Murder

Understanding Arizona Murder – 1st Degree: ARS 13-1105

Facing Arizona 2nd degree murder charges is overwhelming. The legal system is complex and can be intimidating. 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 2nd degree murder Arizona laws. It explains key terms and the sentencing guidelines for this murder charge. 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 lawyer. If you are charged with 2nd degree murder in Arizona, consult with a qualified Arizona criminal defense attorney as soon as possible.

What is 1st Degree Murder Arizona?

The most common Arizona 1st degree murder is defined as causing the death of another with premeditation, which means there is a requirement to prove the crime was planned in advance. This premeditation is what distinguishes 1st degree murder from the lesser included crime of 2nd degree murder.

ARS 13 1105 outlines three acts, including premeditated murder, that satisfy the elements of 1st degree murder in Arizona:

  1. Premeditated Murder Arizona: Premeditated murder involves intentionally or knowingly causing the death of another person, including an unborn child, with premeditation. Premeditation means that there was an intent to kill or knowledge that death would occur and that this intent or knowledge was understood and reflected upon prior to going through with the killing.  An act is not considered premeditated if it is the immediate result of a sudden quarrel or heat of passion. The time for reflection does not have to be long. The gap between wanting to kill and actually killing can be very short.
  1. Felony Murder Arizona: Felony murder involves a death which occurs during the commission of certain enumerated felonies. This type of Arizona murder does not require premeditation or direct intent to kill. It is enough that the death happened while committing one of the listed felonies or during the immediate flight from that felony. It is important to know that the person charged does not have to be the one who caused the death. Anyone involved in the crime can be charged if someone dies during its commission. There are many underlying felonies that may give rise to felony murder, including but not limited to the following:
Column 1 Column 2 Column 3
Certain sex crimes Drive-by shooting Kidnapping
Burglary Certain drug crimes Arson
Robbery Child abuse Unlawful flight
  1. Law Enforcement Murder Arizona:Murder of a law enforcement officer involves intentionally or knowingly causing the death of a person known to be a law enforcement officer while the law enforcement officer was on duty. This type of Arizona murder does not require premeditation or that the killing occur during the commission of another felony.

Sentencing for Arizona Murder – 1st Degree

The 1st degree murder sentence in Arizona is severe and varies based on the specific charge, your criminal history, and the circumstances of the crime. The following table summarizes the potential consequences for each type of offense:

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: A sentence to Life means imprisonment without release of any kind for 25 calendar years if the victim was 15 or older and 35 calendar years if the victim was younger than 15 or was an unborn child. Calendar year means 365 days actual time served without release, suspension or commutation of sentence, probation, pardon or parole, work furlough or release from prison on any other basis. It means that every day of the sentence is served in prison.
  • Natural life: A sentence to Natural Life means imprisonment until death without the possibility of commutation, parole, work furlough, work release or release from confinement on any basis.
  • Death penalty: Death penalty cases involve a separate sentencing phase after a guilty verdict. During this phase, jurors must unanimously find that one or more aggravating circumstances was proven beyond a reasonable doubt to support the death penalty. Aggravating circumstances include heinous acts, prior serious felony convictions, and the victim’s age. The defense will present any mitigating circumstances they can to try and persuade the jury to impose a life sentence. Mitigating circumstances may include mental health issues, defendant’s age, or other mitigating circumstances related to the crime. Jurors are instructed not vote to impose the death penalty unless there is a finding that ‘there are no mitigating circumstances sufficiently substantial to call for leniency.” Following this aggravation phase, the jury then must unanimously find that the death penalty is an appropriate sentence. If the jury unanimously finds that the death penalty is not appropriate, the court will impose a sentence of either live or natural life.

Frequently Asked Questions:

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 involves causing the death of another person under the following circumstances:
    • Premeditated Murder: Intentional killing with premeditation, which means the crime was planned in advance.
    • Felony Murder: Death occurring during the commission of certain felonies, without requiring intent to kill. Felonies such as sexual conduct with a minor, sexual assault, molestation of a child, terrorism, drug offenses, drive-by shooting, kidnapping, burglary, arson, robbery, escape, child abuse, and unlawful flight from law enforcement can lead to a first-degree murder charge if a death occurs during or fleeing from the crime.
    • Law Enforcement Murder: Intentionally causing the death of an on-duty law enforcement officer.
  • 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.
    • Consequence:
      • Life Sentence: Imprisonment without release for 25-35 years, depending on the victim’s age.
      • Natural Life: Imprisonment until death without the possibility of parole.
      • Death Penalty: Requires a separate sentencing phase with unanimous jury decision based on aggravating and mitigating circumstances.

Next Steps:

1st degree murder in Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.

If you’re facing Arizona 1st degree murder charges, under ARS 13-1105, engaging a skilled Arizona murder defense lawyer is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.

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