Homicide refers to the lawful or unlawful taking of another party’s life through intent, criminal negligence, or recklessness. Arizona Revised Statutes (ARS) Title 13, Chapter 7, prescribes the specific homicide statutes. The offenses fall into first- and second-degree homicide, manslaughter, and negligent homicide. Each category has different aspects the prosecutor must demonstrate, attracting varying penalties, including a death sentence. Therefore, when you face any accusations, you need an attorney to explain the crimes and defend you in court.

Arizona Homicide Overview

Homicide statuses in Arizona belong to four classes, which are manslaughter, negligent homicide, and first- and second-degree murder. The prosecutor decides which charges to prefer against you depending on the unique circumstances of the victim’s death and your intent during the action or inaction. Homicide attracts severe penalties, with each form attracting varying penalties. Therefore, when you face an allegation for any of these offenses, it is advisable to understand their distinction and the penalties.

Reasons You Must Understand the Various Forms of Arizona Homicides

It is critical to understand each homicide category, its elements, possible penalties, and defenses. When you comprehend the differences in these offenses, finding the right criminal attorney for your case and adequately planning for it becomes easy. Additionally, the public must understand these homicide forms and the penalties to be more knowledgeable about the judicial system. 

Murder in First Degree

The harshest homicide charge you can face is murder in the first degree. The offense is prescribed under ARS Sec. 13-1105. It entails the unlawful ending of another party’s life deliberately and with planning or malice aforethought, which is the intent to cause death or inflict severe bodily harm.

Also, a violation of this statute happens when you kill a person while participating in a crime that results in a death sentence or life imprisonment, like robbery with violence, sexual assault, or burglary. If you end the life of a person during the commission of any of these felonies, you risk first-degree murder charges, even if you did not directly participate in the killing.

Crime Elements

When prosecuting this form of homicide, the prosecutor should demonstrate that:

• You deliberately ended or took someone’s life, or you killed a person when committing a felony like armed robbery.
• Your conduct was premeditated, or you planned on killing the person.
• You had malice aforethought or intended to inflict significant bodily harm or death on the alleged victim.
• You were not acting in self-defense or defense of others.

You can accomplish this form of murder in several ways, including:

• You ended someone’s life, including an unborn baby, and your actions were deliberate. The offense involves premeditation or planning and malice aforethought. An example of this element is waiting for your ex-spouse when they are coming from a date at night and shooting them dead as they walk home.
• Intentionally taking a police officer’s life while they are on duty.
• Committing a felony and killing a person in the process or when trying to escape from the scene. For instance, when committing a bank robbery and ending up killing a security guard to escape.

You can only be sentenced for murder in the first degree if the DA can show premeditation by proving that your conduct was deliberate or you planned before ending a life and that you had adequate time to change your mind before the offense.

Crimes that can attract these charges include:

• Assault.
• Drug offenses.
• Dangerous narcotics crimes.
• Sexual abuse of a minor.
• Child abuse.
• Sexual assault.
• Kidnapping.
• Arson.

You must understand that the ARS does not require the prosecutor to demonstrate motive. They only need to show that during the commission of these felonies, you took a person’s life.

Legal Penalties

The penalties for a violation of this section are severely punished with a conviction attracting death or life incarceration with no parole, or life incarceration eligible for parole after twenty-five years.

Defending Murder in First-Degree Charges

Because first-degree murder is punishable by death, that does not mean the offense is hopeless. You can defend against the charges by arguing that the taking of the victim’s life was an accident and that you did not intend to do it.

Similarly, through your attorney, you can assert that you were acting in self-defense or the defense of others and used proportionate and reasonable force to resist the threat.

Lastly, you can assert that you are innocent of the charges and that the investigative authorities only compelled you to confess to the crime.

Second- Degree Murder

According to ARS Sec. 13-1104, second-degree is the second severest homicide offense in Arizona. It entails the ending of someone’s life devoid of premeditation or by unlawful conduct that can result in loss of life. The behavior leading to the loss of life can be deliberate, reckless, or involve extreme disregard or indifference for life. However, the offense does not entail prior planning or malice aforethought.

1. Elements of the Crime

When prosecuting the offense, the prosecutor should show that:

• You deliberately caused the loss of someone’s life, including a fetus, or your disregard for the life of the alleged victim led to their death.
• You did not plan or think about ending a person’s life before you did it.
• You were not defending yourself or others to justify the killing.

You should understand that the court will not issue a guilty verdict under this law if you killed a fetus through an abortion with the consent of a pregnant woman or someone with the power to give consent for the abortion on behalf of the expectant mother. Also, you will not face charges under this statute when the law permits you to perform an abortion or implies permission.

Again, you are not guilty when death happens while you are performing medical treatment on an expectant woman or their fetus. Besides, when you are the mother of the aborted fetus, you will not face second-degree murder charges.

Nevertheless, you risk conviction for this homicide type under the following circumstances:

• When you deliberately stab an expectant woman, you end the life of both the mother and the fetus.
• When you speed on the street and lose control of the vehicle, hitting and killing a pedestrian on the sidewalk.

You will face second-degree murder charges any time you participate in reckless behavior that takes the life of another party. Reckless conduct refers to behavior that shows extreme disregard or indifference to the lives of others and exposes them to the unjustifiable risk of significant bodily harm or demise.

2. Penalties for the Offense

Murder in the second degree is a Level One felony that attracts at least ten years of prison. If you have a prior record of particular felony offenses, your sentence could be enhanced to life incarceration.

3. Possible Defenses

Your criminal defense attorney will mount various defenses to prevent a guilty verdict. One, they can argue that your conduct was not reckless, intentional, or knowledgeable.

Also, the attorney can have the evidence against you dismissed or ruled inadmissible in court by presenting proof that the police engaged in misconduct or violated your rights by obtaining a confession through force or conducting an illegal search.

Finally, you can assert that you were acting in self-defense.

Arizona Manslaughter

ARS Sec. 13-1103 defines manslaughter as the taking or ending of someone's life in the absence of circumstances that satisfy the murder standard. The statute prescribes several ways in which you can accomplish homicide. These are:

• Deliberately assisting a suicide.
• Reckless or intentionally causing the death of an unborn baby by inflicting harm.
• Engaging in reckless behavior that results in loss of life.
• Ending the life of a person during a heat of passion or abrupt argument.

Under this statute, recklessness means participating in intentional conduct that you are aware disregards human life or causes an unjustifiable risk of loss of life.

The risk should be in a way that demonstrates indifference for human life and that an ordinary person under your circumstances would not engage in the same behavior.

When you take a person’s life due to reckless driving, the prosecutor will charge you and possibly convict you of vehicular manslaughter.

You should know that, unlike other states, Arizona compares manslaughter with negligent homicide. However, the state’s statutes do not categorize manslaughter as voluntary or involuntary.

Upon conviction for manslaughter, the punishment is at least ten years and no more than twenty-one years of imprisonment. These are severe penalties that can be life-changing. Thankfully, you can contest the charges to prevent a conviction with the legal guidance of a profound attorney. Your legal representative will claim that your conduct was not reckless and that you lacked criminal intent.

Negligent Homicide

As per ARS Sec. 13-1102, negligent homicide refers to the unintentional ending of a person’s life, a fetus included, due to criminal negligence. For purposes of this law, criminal negligence refers to significant and unwarranted ignorance of the fact that your conduct poses a significant risk of causing death. Homicide states in the state believe that a sober person would understand the gravity of the behavior and avoid it. An example of criminal negligence is leaving a child in the car unattended in the summer.

You must know that there is a difference between criminal negligence and recklessness. Reckless means you understand the nature of your action and the risk it poses, but you intentionally engage in the conduct by disregarding that someone could be hurt or killed by the conduct. The risk taken in reckless conduct must be significant enough that an ordinary person would not act the same way under the same circumstances.

Examples of Negligent Homicide

DUI causing an accident and death is a perfect example of negligent homicide. Also, if you cause death in the following situations, you attract negligent homicide counts:

• Texting while speeding in a crowded place.
• Unleashing a Pitbul with an attack record in public.
• Waiving a loaded gun at a spouse after an argument.

If any of these actions lead to the death of a person, you risk negligent homicide counts.

Possible Penalties

Negligent homicide is a Level 4 felony that attracts no more than thirty-six months of imprisonment. Again, the judge will fine you $150,000 in place of or in addition to the imprisonment.

Legal Defenses

Your criminal attorney can craft several defense strategies to contest negligent homicide counts. The attorney can begin by arguing that even though your action was reckless, it falls short of the criminal negligence standards.

Also, you can argue that even if you showed criminal negligence, it was not the direct cause of death. However, when you use this defense, you must show the court the person or conduct that led to the loss of life.

Finally, you can claim that law enforcement violated your rights during your arrest. The court will drop the charges if the arrest was illegal or the evidence was obtained unlawfully.

Reasons You Need a Homicide Attorney in Your Corner

You should hire an experienced homicide legal representative when you are apprehended or face charges of murder. The penalties upon conviction are life-changing, and you want to prevent them by all means. The best way to fight the accusations is to hire a competent and knowledgeable homicide attorney.

Your legal representative will evaluate your case, conduct an independent investigation, and then compare their evidence with the prosecutors to find strengths and weaknesses.

Also, the attorney will craft various theories about how the homicide could have happened to cast doubt in the minds of the jury and prevent the prosecutor from convincing them beyond moral certainty that you committed the crime.

When the defense attorney identifies weaknesses in the prosecutor’s evidence, they can negotiate a favorable deal because the prosecutor will not be willing to proceed to trial with a case they are not guaranteed to win. The attorney can convince the prosecutor to drop the charges in exchange for you pleading guilty to a lesser offense. Also, they can advocate for alternative sentencing where you do not have to spend time in jail.

Find an Experienced Criminal Defense Attorney Near Me

When you face any form of homicide charge in Arizona, do not hesitate to contact a defense lawyer because a conviction for the crime is life-altering. At Phoenix Criminal Attorney, we know homicide laws and understand the legal process involved, making us the most suitable to defend you for a positive outcome. Call us at 602-551-8092 for a no-obligation consultation.