Understanding Arizona homicide Murder Charges
Facing Arizona homicide 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 Arizona homicide laws. It explains key terms and sentencing guidelines. 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 facing Arizona murder charges, consult with a qualified Arizona homicide attorney as soon as possible.
1st Degree Murder Arizona
The crime of 1st degree Arizona homicide murder is defined by ARS 13-1105 and is divided into three main categories.
Types of First-Degree Murder
- Premeditated Murder means you intended to kill or knew your actions would cause death and that this intent or knowledge was understood and considered before the killing. An act is not premeditated if it’s the result of a sudden fight or strong emotions. The time for reflection doesn’t have to be long. The gap between wanting to kill and actually killing can be very short. The key is that there was some thought before the killing.
- Felony Murder occurs when someone dies during the commission of another serious crime, known as a felony. This type of 1st degree murder does not require premeditation or direct intent to kill. If a death occurs while you or someone you are with is committing or running from a crime like burglary, robbery, or certain sex or drug crimes, you can be charged. It is important to know that you don’t have to be the one who caused the death. Anyone involved in the felony can be charged if someone dies during its commission.
- Murder of a Law Enforcement Officer occurs if you knowingly and intentionally kill a police officer while they are on duty. Unlike premeditated murder, this charge does not require the prosecution to prove that the killing was planned in advance.
2nd Degree Murder in Arizona
2nd degree murder in Arizona is defined in ARS 13-1104 and involves causing someone’s death without premeditation. ARS 13-1104 outlines three categories of 2nd degree murder in Arizona.
Types of Second-Degree Murder
- Intentional Causation of Death involves intentionally killing someone but without any prior planning. For example, intentionally killing someone during a fight that the victim didn’t start is 2nd degree murder. The intent to kill is the key part of this Arizona murder charge.
- Knowing Conduct Leading to Death or Serious Injury involves actions known to cause death or serious physical injury. You could be charged with 2nd degree murder in Arizona if you knew your actions could very likely cause death or serious physical injury, and a death occurred. In other words, you might not have intended to kill, but you were aware your conduct was so dangerous that death was a possible result.
- Extreme Indifference to Human Life involves reckless behavior that shows a complete disregard for human life and creates a grave risk of death. The actions are so dangerous that death is an unsurprising outcome. This must be a major departure from how a reasonable person would act in the same situation.
Manslaughter Arizona
Manslaughter Arizona homicide charges are different from other murder charges because manslaughter generally involves recklessness or the heat of passion rather than an intentional killing. ARS 13-1103 outlines five categories of manslaughter Arizona charges.
Types of Manslaughter
- Reckless Manslaughter occurs if you recklessly cause another person’s death. Recklessness means you were aware of a serious and unjustifiable risk but chose to disregard it, and this disregard was a major deviation from how a reasonable person would act. Voluntary intoxication is not an excuse. It is reckless if you create an unjustifiable risk but are unaware of it because of voluntary intoxication.
- Heat of Passion Manslaughter involves killing someone intentionally during a sudden fight, provoked by the victim. The key element is “adequate provocation,” which means a level of provocation that would trigger a loss of self-control in a reasonable person. Mere words are generally not enough.
- Aiding a Suicide involves intentionally providing the means for another person to commit suicide, knowing that the person is suicidal. This could mean supplying the necessary tools, medications, or other means to accomplish the suicide.
- Manslaughter by Coercion is a rare situation and occurs if you kill someone because a third party threatened you with immediate deadly force. The threat must be so severe that a reasonable person would not have been able to resist.
- Manslaughter of an Unborn Child involves knowingly or recklessly causing the death of an unborn child by physically injuring the mother.
Negligent Homicide Arizona
Negligent Arizona homicide involves causing a death through criminal negligence rather than intentionally or recklessly killing another. In practice, it means you failed to see a substantial and unjustifiable risk that a reasonable person would have seen. According to ARS 13-1102, this is an unintentional killing that happens because of a lack of care, not because of an intent to harm.
Elements of Negligent Homicide
- A Death Occurred: Your actions resulted in the death of another person, which can include an unborn child.
- Criminal Negligence: You failed to recognize a serious risk of death, acting in a way that was a major departure from reasonable behavior.
- Causation: Your negligent act directly caused the death.
Sentencing and Penalties
The penalties for Arizona murder charges 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:
| CRIME | CATEGORY | PRISON SENTENCE |
|---|---|---|
| 1ST Degree Murder Arizona | Premeditated Murder | Natural life in prison or the death penalty |
| 1ST Degree Murder Arizona | Felony Murder | Life in prison or natural life in prison |
| 1ST Degree Murder Arizona | Law Enforcement Murder | Natural life in prison or the death penalty |
| 2nd Degree Murder in Arizona | Intentional Causation of Death, Knowing Conduct Leading to Death or Serious Injury, Extreme Indifference to Human Life | General: 10 – 25 calendar years Victim under 15: 25 years - Life |
| Manslaughter Arizona | Reckless manslaughter, Heat of passion manslaughter, Aiding suicide, Manslaughter by coercion, Manslaughter of an unborn child | Non-Dangerous Offense: 3 – 12.5 years (probation up to 7 years possible) Dangerous Offense: 7 – 21 years |
| Negligent Homicide | Causing a death due to criminal negligence | Non-Dangerous Offense: 1 – 3.75 years (probation up to 4 years possible) Dangerous Offense: 4 – 8 years |
Definitions You Should Know:
- Calendar Year means 365 days actual time served without release. In other words, it means that every day of the sentence is served in prison.
- Life in Prison means a sentence of at least 25 to 35 years before being eligible for any kind of release. The exact number of years depends on the age of the victim and the facts of the case.
- Natural Life means a prison sentence for life, with no possibility of parole, work furlough, or any other type of release.
- Death Penalty requires a separate hearing where a jury must unanimously agree that certain “aggravating circumstances” were present, such as the crime being especially heinous.
- Dangerous Offense means a crime that either involves the use of a deadly weapon or dangerous instrument or intentionally or knowingly causing serious injury to another person.
Frequently Asked Questions
Key Takeaways:
1st Degree Murder
- Definition: Involves premeditation (planning), killing someone during a serious felony, or killing a law enforcement officer.
- Penalties: A class 1 felony with prison sentences ranging from life in prison (with a chance of release after 25-35 years) to natural life (no release) or the death penalty.
- Felony Murder Rule: You can be charged even if you didn’t directly cause the death, as long as you were involved in the qualifying, underlying felony.
2nd Degree Murder
- Definition: Causing a death without planning it beforehand. This can be from an intentional act in the moment, knowing your conduct could kill, or acting with extreme indifference to human life.
- Penalties: A class 1 felony with prison sentences from 10 to 25 years, with longer sentences for cases involving victims under 15 or for repeat offenders.
- Distinction: The key difference from 1st degree murder is the lack of premeditation.
Manslaughter
- Definition: Causing a death through recklessness, in the “heat of passion” from a serious provocation, or by assisting a suicide.
- Penalties: A class 2 felony with prison sentences range from 3 to 21 years depending on whether the crime is classified as dangerous. Probation is available for non-dangerous manslaughter charges.
- State of Mind: Manslaughter involves a conscious disregard of a known risk, which is more serious than the negligence required for negligent homicide.
Negligent Homicide
- Definition: Causing a death through criminal negligence, which is a failure to perceive a substantial risk that a reasonable person would have recognized.
- Penalties: A class 4 felony with prison sentences range from 1 to 8 years, depending on whether the offense is classified as dangerous. Probation is available for non-dangerous negligent homicide charges.
- Distinction: This is about a lack of reasonable care – not an intent to harm or a conscious decision to ignore a risk.
Next Steps:
An Arizona murder charge 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 murder charges, engaging a skilled homicide 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.