What Are the Categories of Murder in Arizona?

Arizona statutes define two categories of murder: first-degree murder and second-degree murder.

The state has two lesser categories of charges as well: manslaughter and negligent homicide.

Aggravating factors often influence the class of the charge, which can influence the penalties involved. For example, the death penalty is typically only applicable if the defendant acted with deliberate premeditation or when their behavior is considered particularly cruel or depraved.

Sentencing guidelines for first-degree murder is typically life in prison without parole if the facts of the case don’t justify pursuing the death penalty.

Both first-degree and second-degree murder are typically class 1 felonies – the most serious felony category. Manslaughter is a class 2 felony, which is only one step below a class 1 felony. Negligent homicide is the exception in that it is typically charged as a class 4 felony.

First-Degree Murder

First-degree murder represents the most severe and premeditated form of homicide. To be convicted of first-degree murder, a perpetrator must have demonstrated the intent to kill the victim. Prosecutors must establish that the defendant planned the killing or, at a minimum, acted with the clear intent to cause the victim’s death.

Although it may seem counterintuitive, robberies gone wrong that result in the death of employees or bystanders are often charged as first-degree murder. Although the robbers may not have gone to the convenience store or bank with the intention to kill employees, the assumption is they knew there was a potential for deaths when they used deadly weapons in furtherance of a robbery.

Examples of First-Degree Murder

• Premeditated Murder: A clear case of first-degree murder is when someone meticulously plans and executes the murder of another individual. For instance, if an individual plots to kill someone they suspect had an affair with their significant other or spouse, this act would constitute first-degree murder.

• Contract Killing: Hired hitmen or individuals who murder for financial gain are often charged with first-degree murder. Paying someone or accepting money to kill another person are both acts that imply premeditation.

Penalties for First-Degree Murder

Arizona is one of 27 states that still has the death penalty. First-degree murder is the only offense for which a sentence of death may be levied in the state. Even if the death penalty is off the table for sentencing in a first-degree murder case, life in prison without parole is typical in first-degree murder cases. 

Defenses for First-Degree Murder

• Self-Defense: If the defendant can prove that they killed the victim to protect themselves from a real and immediate threat, they may be acquitted. This can be a complicated defense in first-degree murder cases where premeditation is established, as legitimate self-defense is typically a response to an immediate and unexpected threat.

• Victim of Domestic Abuse: In some cases, the defendant can argue that they suffered severe, ongoing abuse from the victim and killed them to prevent future abuse. This is a scenario in which a criminal defense attorney can pursue an affirmative self-defense strategy by establishing the victim of domestic abuse had reason to believe they or their children were facing imminent future harm.

• Mistaken Identity: Sometimes, a defendant may claim they didn't intend to kill the victim or that they were not the actual perpetrator. This defense typically hinges on the lack of motivation or intent to kill.

Second-Degree Murder

The key distinction of second-degree murder is the absence of premeditation or intent to kill. In cases of second-degree murder, the homicide occurs in the heat of the moment. Although second-degree charges are technically less serious than first-degree murder, it is often still charged as a class 1 felony and can result in decades of prison time.

Examples of Second-Degree Murder

• Sudden Argument: Two common second-degree murder scenarios in Phoenix are road rage and bar fights. Both scenarios often involve strangers who suffer a catastrophic loss of self-control, leading to potentially deadly violence.

• Robbery Gone Wrong: Killings that happen during armed robberies can potentially be charged as first-degree murders. However, there may be scenarios where, depending on the circumstances and what prosecutors can prove, they may instead pursue a lesser second-degree charge.

Penalties for Second-Degree Murder

The second-degree murder sentencing guidelines in Arizona are a minimum of 10 years and a maximum of 22 years, with a presumption term of 16 years.

Manslaughter

At first glance, it may seem as if there’s some overlap between manslaughter and second-degree murder. For example, whether a killing stemming from a road rage incident or bar fight is charged as second-degree murder or manslaughter often depends on whether the victim provoked the perpetrator.

Manslaughter involves the unlawful killing of another person but differs from first and second-degree murder because it typically lacks the elements of premeditation or intentionality. Although, as in the above example, an intentional murder may still be charged as manslaughter if certain conditions are met.

Manslaughter typically arises from situations where the offender did not specifically intend to kill, but their actions were reckless or showed an extreme indifference to human life.

Arizona statute does not define a specific “voluntary” or “involuntary” categorization of manslaughter. However, the law as written covers both potentialities:

• A typical example of voluntary manslaughter would be someone provoking their attacker, resulting in their own killing.

• Involuntary manslaughter could be something like driving drunk and speeding – the drunk driver did not intend to kill someone, but their actions displayed an extreme indifference to human life.

Penalties for Manslaughter

The penalties for manslaughter, a class 2 felony, can vary significantly depending on the details of the case and the defendant's prior criminal history. In general, imprisonment for manslaughter convictions in Arizona ranges from seven to 21 years, with a presumptive sentence of 10.5 years.

Consider Calling an Arizona Board-Certified Criminal Specialist in Phoenix if You’re Facing Murder Charges of Any Kind

Have you or a loved one been charged with first-degree murder, second-degree murder, manslaughter or negligent homicide? Any of these charges, even manslaughter or negligent homicide, can have devastating long-term ramifications for you and your family.



The Law Office of Michael Alarid III is dedicated to advocating for defendants in Phoenix. Call us at (602) 818-3110 to discuss your case and explore the legal options available to you.