ARS 13-1105 First Degree Murder
ARS 13-1104 Second Degree Murder
ARS 13-1103 Manslaughter
ARS 13-1102 Negligent Homicide

Murder, whether first or second degree, is the most serious charge in Arizona – the only class 1 felonies.  At it’s core, a person commits murder when they cause the death of another, including an unborn child.  What distinguishes the degree or level of a homicide is generally a person’s mental state (mens rea) at the time.

First degree murder requires not only the intent or knowledge that you will cause a death, but also premeditation.  Premeditation is having the time and opportunity to reflect on an action before doing it.  This doesn’t need to be elaborate planning – it can be any length of time that would permit reflection.  A conviction for first degree murder is punishable by life imprisonment or even the death penalty (if the case is designated as a capital case).

Second Degree murder also requires intent or knowledge, but lacks the element of premeditation.  These are typically charged when the State lacks the evidence to prove there was time to reflect on the conduct, but believe causing the death was intended.  But you can also be charged with second degree murder by demonstrating an extreme indifference for human life and recklessly causing the death of a person.  That’s right – you don’t even have to intend to kill the person to be charged with second degree murder if the State alleged you acted with extreme indifference to human life.  The most common example of this are vehicular homicides, where the State argues the driving was so egregious, it demonstrated an extreme indifference.  A conviction for this carries a lengthy and mandatory prison sentence.

Manslaughter is recklessly causing the death of a person or unborn child.  This charge occurs where someone didn’t have any intention of killing another person but was aware of a substantial risk their conduct could kill someone and did it anyway.  People charged with manslaughter are commonly people who wouldn’t harm a fly, but allegedly made one poor decision that had catastrophic results.  Without the right attorney, that one poor decision could result in severe consequences, including a lengthy prison sentence.

Even negligently causing the death of a person could result in a serious homicide charge.  Unlike recklessly causing a death, where one is aware of the risk but disregards it, criminal negligence is simply failing to perceive a risk that a reasonable person would have perceived.  If this sounds incredibly broad, that’s because it is.

Obviously if you are charged with one of these offenses, you need the best attorney fighting for you.  But even if you are not charged, but caused the death of another person, – even if you think you did nothing wrong – you should contact the skilled and experienced attorneys at BC Law Group.  Having a lawyer on your side even during a criminal investigation can be the difference between the State declining prosecution or facing life altering charges.