Arizona First-Degree Murder Law

Arizona law recognizes first-degree murder as the most serious crime a person can commit. First-degree murder means the taking of a human life by another human being. Animals cannot commit or be victims of murder under Arizona law, but an unborn child can be a victim of murder if the killer intended to kill the fetus.

Arizona is one of 27 states with the option of the death penalty. Arizona’s capital punishment law reserves the death penalty for first-degree murder with aggravating circumstances. Without aggravating circumstances, first-degree murder penalties are life imprisonment with the possibility of parole after 25 years or for the natural life of the offender with no hope of parole.

Arizona First-Degree Murder Laws

In Arizona, first-degree murder cases charges can be applied in three ways:

• Intentional and premeditated conduct causing the death of another person, the death of a fetus, or both
• Intentional and premeditated conduct causing the death of a law enforcement officer in the line of duty
• Committing or attempting to commit any of certain felonies that result in the death of another human being, regardless of whether the death was the intended result (felony murder rule)

If a charge doesn’t meet at least one of these standards, getting a conviction for first-degree murder may not be possible. Prosecutors may instead choose to file for a lesser charge, such as second-degree murder or manslaughter.

Defining First-Degree Murder Under Arizona Law

A first-degree murder conviction requires the prosecution to prove premeditation. A premeditated act is one where the individual had either the intent to kill or knew their actions were likely to cause the death of another person.

Malice indicates intent on the part of the offender to cause harm. For purposes of homicide charges, it can also mean an intent to cause harm likely to result in death, or a wanton and reckless disregard for human life.

Premeditation requires a “cooling-off period.” If the killer had time to pause and consider their plans before acting on them, it is sufficient to prove premeditation. Without premeditation, homicide is a second-degree murder under ARS § 13-1104. Second-degree murder is intentional killing without a “cooling-off period” to consider the consequences of the act.

Arizona and the Felony Murder Rule

The felony murder rule lets the court charge people with first-degree murder if a death happens during the course of specific criminal offenses. This applies even if death was not the intended result. In Arizona, the enumerated felonies are:

• Sexual conduct with a minor or molestation of a child
• Sexual assault
• Terrorism
• Marijuana offenses, narcotics offenses, and dangerous drug offenses (alone or in combination)
• Drive-by shooting
• Burglary
• Robbery
• Arson
• Child abuse
• Unlawful flight or escape in furtherance of any crime

Under the felony murder rule, all participants in a crime are equally responsible for a death, even if they are not directly responsible. Police can charge a getaway driver in an armed robbery with first-degree murder if one of his accomplices kills a teller.

Possible Defenses to First-Degree Murder

Any defense to first-degree murder must remove or negate one of the elements of premeditated murder. These are affirmative defenses, meaning the defendant has the burden of proving their defense.

• Self-defense: Arizona does not have an affirmative stand-your-ground law like some states. However, Arizona’s criminal code allows the use of force in self-defense and does not require a defendant to retreat if they are in a place they are legally allowed to be.
• Absence of premeditation: Sometimes called “lesser included offenses” and often seen in plea bargaining, these can occur in situations where the defendant does not deny killing the victim but states there was no intent or “cooling off” period. They may claim a lack of premeditation to lessen the charges.
• Mitigating circumstances: First-degree murder seldom has mitigating (or “lessening”) circumstances, but it’s possible. An example might be someone charged with felony murder who was not directly involved in any of the activities that led to the killing.

These defenses are not available for defendants who attempt a justifiable use of force and injure or kill an innocent third party while doing so.

Penalties for First-Degree Murder in Arizona

In Arizona, first-degree murder has three possible penalties:

• Death penalty: Arizona uses lethal injection for executions and has carried out four executions since 2022
• Natural life: A natural life sentence means life without the possibility of parole or release
• Life sentence: A life sentence means the defendant has a possibility of parole after 25 years, or 35 if the victim was under the age of 15

Arizona First-Degree Murder: Additional Research and Resources

• Mens Rea – A Defendant’s Mental State
• Arizona Criminal Laws
• Arizona Criminal Statute of Limitations Law
• Voluntary Manslaughter
• Involuntary Manslaughter
• First Degree Murder Defenses
• First Degree Murder Penalties and Sentencing

Get Legal Advice From an Arizona Criminal Defense Attorney

First-degree murder charges are the most serious of all criminal charges. Defendants need immediate legal representation. You’re entitled to a public defender, but if you can afford it, you should contact an experienced Arizona criminal defense attorney. They’ll examine the charges against you, explain your options, and stand with you in court.