How First-Degree and Second-Degree Murder Differ in Arizona
In Arizona, the law breaks down the death of another into two categories. Unintentionally, and intentionally. Involuntary and negligent homicide covers unintentional deaths. While first- and second-degree murder covers intentional death.
Being charged with the intentional death of another person can lead to intense consequences—the possibility of significant time in prison, and even the loss of your own life. The potential consequences depend on the charge of either first- or second-degree murder.
What Is the Difference Between First and Second Degree Murder?
Both first and second-degree murder involve the intentional killing of another person or an unborn child. Where these charges differ is mainly in the degree of planning involved and in the severity of the crime. Although second-degree murder is still a class 1 felony, first-degree murder is an even more serious offense.
The biggest difference is in the sentencing. If you are convicted of second-degree murder, your sentence will be more lenient than it would for first-degree murder. Historically, the sentencing for second-degree murder does not include the death penalty. Sentences for second-degree murder can range from sixteen years to life in prison.
Second-Degree Murder
Second-degree murder is defined in three ways:
- When a person intentionally causes the death of another person.
- When a person knows that their conduct will cause death or serious physical injury, and causes the death of another person.
- Causing the death of another person by recklessly engaging in conduct that can be described as “an extreme indifference to human life.”
First-Degree Murder
Arizona breaks first-degree murder down into three definitions:
- With premeditation, intending for your actions to cause the death of another person.
- A death is caused without premeditation during the commission of one of the following crimes: sexual assault, sexual conduct with a minor, molestation of a child, terrorism, dangerous drug offenses, involving minors in drug offenses, child abuse, drive-by shootings, kidnapping, burglary, escape from law enforcement.
- Causing the death of a law enforcement officer who was in the line of duty.
Consequences for Murder Convictions in Arizona
Both first and second-degree murder are class 1 felonies. While any felony conviction can change your life, this class is reserved for the most severe crimes. Additionally, there is no statute of limitations on class 1 felonies. This means that the prosecution can bring these charges against a defendant at any point in time after a crime has been committed.
Sentences for first and second-degree murder have dire consequences:
- Fines and restitution payments are typically higher for class 1 felonies.
- The death penalty is a possible sentence for murder convictions in Arizona.
- Sentences may also include life in prison (with possibility of parole after serving a minimum sentence) or natural life in prison (with no possibility of release).
A Criminal Defense Attorney Can Help You Fight Murder Charges
Punishments for first and second-degree murder are always severe in Arizona. If you are facing murder charges, you need an experienced attorney with a proven track record to help you fight your case. With over 25 years of experience in criminal law, the team at VanNorman Law will help you fight for your rights, and your life. Contact us today to schedule a consultation.
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