Criminal Defense

Murder and Manslaughter

Murder
and Manslaughter

A.R.S. § 13-1102 and A.R.S. § 13-1103

Murder and manslaughter are among the most serious charges you can face in Arizona.

Regardless of whether it is first or second-degree murder, the potential consequences will affect the rest of your life. Murder is divided into two degrees:

  1. First-Degree Murder: This includes intentional, premeditated killing, as well as killings committed during the commission of a serious felony like robbery or kidnapping. It is important to note – premeditation doesn’t mean a plan, but simply a moment’s reflection. First-degree murder is punishable by death or life imprisonment without the possibility of parole.

  2.  Second-Degree Murder: This encompasses all other types of murder that do not qualify as first-degree murder. It involves knowingly causing the death of another person or recklessly causing the death under circumstances manifesting extreme indifference to human life. Second-degree murder is a Class 1 felony in Arizona, which carries a potential punishment of 10 to 22 years in prison. The sentence for second-degree murder is “day for day,” which means there is no early release for good behavior.

The primary difference between murder and manslaughter is the state of mind. In Arizona, manslaughter is “recklessly causing the death of another person.” The legal definition of “recklessly” is a person who understands that action carries the risk of death but chooses to commit the action anyway.

Arizona does not have separate charges for “voluntary” and “involuntary” manslaughter but does have a negligent homicide, in which a person causes the death of another person due to risky behavior. The difference between the two is that the manslaughter charge alleges that the person understood his or her actions could cause the death of another, while someone charged with negligent homicide did not have this knowledge.

The most common ways a person commits manslaughter:

  • Intentionally or knowingly causing the death of another person during the “heat of passion” where the victim provoked the offender. 

  • Intentionally killing another person when faced with immediate unlawful deadly force. In this case, a person would be charged with manslaughter if “a reasonable person in his situation would have been unable to resist” killing the other person.

Manslaughter is a class 2 felony punishable by 7 to 21 years in prison, however these penalties can increase based on factors such as prior criminal history and the specific circumstances of the crime. It’s important to note that Arizona law treats murder and manslaughter as serious offenses with significant legal consequences.

Murder and manslaughter are serious offenses that carry serious consequences, and the legal system is complex and can be difficult to navigate. If you are accused of a serious crime such as these, you need an experienced attorney like those at South & Wright, PLLC to defend your rights.