Arizona Second-Degree Murder Law

In every state, homicide is the killing of a human being by another human being. Murder occurs when a person kills someone intentionally. Arizona law recognizes two types of intentional homicide: first-degree murder and second-degree murder.

In both first- and second-degree murder, the person commits the crime intending to kill the victim. Second-degree murder differs in that there is no premeditation. This means the defendant did not plan the killing ahead of time.

The state of Arizona has two lesser degrees of homicide, manslaughter and negligent homicide. Prosecutors can upgrade these charges to second-degree murder if circumstances suggest the defendant intended their actions to cause death.

Arizona Second-Degree Murder

Under Arizona’s second-degree murder statute (ARS § 13-1104), the state can charge you with homicide in one of three circumstances:

• Intentionally causing the death of another person
• Knowing a course of action may cause death or serious physical injury, continuing with that action, and a death results
• Recklessly engaging in conduct “manifesting an extreme indifference to human life,” resulting in the death of another person

The important factor is that the defendant either intends to kill the person or does not care if the person’s death happens as a result of their behavior.

Second-Degree vs. First-Degree Murder

In Arizona, first-degree murder means the defendant both intended to kill the victim and planned it ahead of time. This planning, or premeditation, separates first- and second-degree murder.

“Premeditation” can only last a few seconds. It is sometimes explained as “thinking about it, and then thinking about it again.”

First-degree murder also includes felony murder. In Arizona, felony murder occurs when a perpetrator commits another felony offense, and a third person dies during the attempt.

Second-Degree vs. Manslaughter

In Arizona, manslaughter (§ 13-1103) is any second-degree homicide committed “under the heat of passion” or during a “sudden quarrel.”

In a second-degree murder, the defendant intends to kill the victim. But with manslaughter, the defendant is responding to a sudden provocation or threat that would cause a reasonable person to react in the same way.

One way to distinguish the three types of homicide is to consider the following scenario:

A person comes home to find their spouse in bed with someone else. The person becomes enraged and kills their spouse. The type of homicide charges depends on how much time the person spends thinking about killing their spouse.

• If the person grabs a heavy object next to the bed and hits their spouse, they may face manslaughter charges.
• If the person runs to the next room, grabs their gun, and shoots their spouse, they may face second-degree murder charges.
• If the person leaves the house, waits until the next day, and then poisons their spouse’s tea, they may face first-degree murder charges.

All homicide statutes include causing the death of an unborn child. There are exceptions for medically induced abortions performed by medical professionals with the knowledge and consent of the mother.

Defenses

Proving premeditation and raising the charge from second-degree murder to first-degree murder is difficult for the prosecution. Murder cases more often plead downward, from first-degree to second, or from second-degree to manslaughter.

Common defenses used in second-degree murder cases include:

• Self-defense: Arizona’s self-defense law permits you to use force up to and including lethal force under certain circumstances. You cannot use lethal force against verbal provocation or if you are the initial aggressor.
• Lack of intent: If you did not intend to kill the victim or did not realize your actions carried a grave risk of death or serious injury, you may receive a charge of manslaughter rather than murder.
• Lack of recklessness or extreme indifference: If the charges stem from a claim of extreme indifference, you may have a chance of proving you were unaware of the gravity of your acts, or that you did not know death was a possible result.

In Arizona, these are affirmative defense strategies. You must prove them after the prosecution has proven their case for second-degree murder. An experienced criminal defense attorney can help you determine what defense is your best option.

Penalties for Second Degree Murder

Second-degree murder is a Class 1 felony (§ 13-710). Arizona has the death penalty for first-degree murder under certain circumstances, but second-degree murder receives a prison term of up to 25 years.

For a first offense for second-degree murder, the minimum prison sentence is ten years, with a presumptive term of 16 years.

Prosecutors can increase or decrease the presumptive term with mitigating or aggravating conditions provided in the statutes. Inmates serve second-degree prison time by “calendar year” meaning the inmate is not eligible for early release or parole. There is no time off for “good behavior.”

Get Legal Advice from an Arizona Criminal Defense Attorney

If you face any criminal negligence or homicide charges in Arizona, you should contact an Arizona criminal defense attorney as soon as possible. You face many years in prison, and you should never try to handle a murder case alone. A local defense attorney can help you protect your constitutional rights and build a better defense.