Understanding Arizona Murder – 2nd Degree: ARS 13-1104
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 Arizona 2nd Degree Murder?

ARS second degree murder is defined as causing the death of another without premeditation, which means there is no requirement to prove the crime was planned in advance. This lack of premeditation is what distinguishes 2nd degree murder from the more serious crime of 1st degree murder.
ARS 13 1104 outlines three acts that satisfy the elements of 2nd degree murder in Arizona:
- Intentional Causation of Death: Intentional murder involves the deliberate act of taking a life, including an unborn child. Intentionally killing a person during a fight that was not provoked by the victim constitutes 2nd degree murder. The intention to kill is the central element to this Arizona murder charge.
- Knowing Conduct Leading to Death or Serious Injury: A knowing murder involves actions that are known or understood to cause death or serious physical injury to another person, and those actions indeed led to the death of that person. This crime includes causing the death of an unborn child. A knowing murder focuses on the awareness of consequences – it’s about culpability for killing another person even if death was not the specific goal.
- Extreme Indifference to Human Life: Extreme indifference to human life involves reckless behavior that creates a grave risk of death, ultimately resulting in the death of another person, including an unborn child. Extreme indifference to human life means acting in a way that shows a complete disregard for whether others live or die, making death of another almost inevitable. Ignoring such a significant risk must be a major departure from what a reasonable person would do in the same situation.
Sentencing for Arizona Murder – 2nd Degree

The penalties for 2nd degree murder in Arizona are severe and vary 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 | Prison (min-presumptive-max) |
---|---|---|
Class 1 | None | 10 – 16 – 25 calendar years |
Class 1 | Victim under 15 | 25 – 30 – 35 years – Life |
Class 1 | Serious offense repeat offender | 15 – 20 – 29 calendar years – Life |
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.
Frequently Asked Questions:

Second degree murder is defined as causing the death of another person without premeditation. This includes situations where the person intentionally causes death, knows their actions will cause death or serious injury, or acts with extreme indifference to human life, resulting in death.
Second degree murder and manslaughter may both result from recklessness. The difference is that the culpable recklessness involved in manslaughter is less than the culpable recklessness involved in second degree murder.
Yes. Arizona 2nd degree murder encompasses situations where you didn't intend to kill but acted with extreme recklessness or with knowledge that your actions would likely result in death or serious injury. If this extreme recklessness results in someone’s death, you could be charged with ARS second degree murder.
Voluntary intoxication through drugs, alcohol, or improperly used prescription medication is generally not a valid defense against second-degree murder charges. The law holds individuals responsible for their actions even if those actions were taken under the influence.
Numerous situations can potentially result in charges under ARS 13-1104. Examples include: (1) intentionally shooting someone; (2) engaging in a reckless high-speed race while under the influence, resulting in a fatal crash; (3) recklessly discharging a firearm in a crowded area causing a death; (4) committing acts of extreme abuse that cause the death of another. The specific details of each case determine whether the elements of Arizona 2nd degree murder have been met.
Yes, the statute applies to unborn children at any stage of development. However, there are exceptions for medical procedures and the mother of the unborn child.
The main difference is premeditation. First degree murder involves premeditated intent to kill, while second degree murder does not require premeditation but involves intentional or reckless actions leading to death.
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Key Takeaways:

- Definition: Arizona 2nd degree murder involves causing the death of another person without premeditation. Premeditation distinguishes 1st degree murder (requires premeditation) from 2nd degree murder (does not require premeditation but involves intentional or reckless actions leading to death).
- Elements:
- Intentionally cauing death of another; or
- Knowing conduct leading to death or serious injury, which results in the death of another; or
- Causing the death of another by reckless actions showing extreme indifference to human life.
- Sentencing:
- Class 1 felony with potential prison terms ranging from 10 to 25 calendar years.
- Enhanced penalties if the victim is under 15 or in the case of repeat serious offenders.
Next Steps:

2nd 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 2nd degree murder charges, under ARS 13 1104, 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.