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Posted on September 25, 2024 in assault & violent crimes
Arizona criminal law adheres to the principle of “let the punishment fit the crime” by categorizing criminal offenses into different levels of severity, including various degrees or “classes” of misdemeanors and felonies.
Here, we examine the most severe Arizona felony class: Class 1 Felonies.
No matter what kind of crime you may be charged with, including less serious crimes, the AZ Defenders law firm has Arizona criminal defense attorneys with over 100 years of combined practice experience who can stand between you and the state. We will zealously represent your interests during criminal investigations, plea negotiations, trials, and appeals.
If you are facing a Class 1 Felony or any other felony, call us today at 480-456-6400 so we can defend you.
Compared to misdemeanors, a felony crime in Arizona generally results in a state prison sentence if you are convicted. Felony crimes also carry more severe financial consequences in the form of fines and other penalties.
Arizona criminal law statutes break felony classifications down into six classes. A Class 6 Felony is the lowest level above a misdemeanor-level offense. Class 1 is the highest.
Unlike other classes of felonies, which can include dozens or scores of specific crimes, a Class 1 Felony in Arizona involves only two offenses:
Usually, examples of lower levels of felony charges are spoken broadly because there are so many. However, only two felonies qualify as Arizona Class 1 Felonies.
A first-degree murder charge in Arizona is based on the concept of intent.
Intent to commit a crime is a factor for many criminal charges. For example, even though “Ignorance of the law is no defense” for lesser crimes, it is worth arguing that you did not mean to break the law as a mitigating factor.
For first-degree murder charges, your specific intention at the time the killing took place and beforehand is an essential part of what the prosecution must prove beyond a reasonable doubt to get a conviction.
The baseline definition of first-degree murder is:
“Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.” (ARS 13-1105(A)(1)
[Emphasis added].
Under this definition, you cannot “inadvertently” commit first-degree murder in Arizona. In most cases, you have to intend to kill another person or at least know at the time that you are killing someone else and have contemplated the killing in advance.
In addition to killing another person, the killing of an unborn child can be either the premeditated or the consequence of the premeditated killing of the mother.
Note: in cases of an unborn child’s death during a lawful abortion procedure with the consent of the mother, if the death happened during medical treatment, or if the person who kills the unborn child is the child’s mother, these are not instances of first-degree murder.
First-degree murder doesn’t always require premeditation. If a death occurs during a specific felony, you can be charged with first-degree murder, even if it was unintentional or caused by someone else.
The only intent required to be found guilty of felony murder is the intent to commit the related felony offense.
The specific Arizona felonies that can lead to a felony murder charge if a death occurs include committing or attempting to commit:
* Note that for drug-related felony offenses, the amount of drugs involved must be at least in a quantity outlined in the applicable Arizona criminal statute.
If a group of people is engaged in a qualifying felony that results in a death, even if the person killed is one of the people committing the felony, everyone involved in committing the felony can be charged with first-degree murder.
Additionally, conspiracy by two or more people to commit first-degree or second-degree murder is punishable by a sentence of life imprisonment for each person involved without the possibility of release for at least 25 years.
Intending or knowing that your conduct will cause death to a law enforcement officer who is in the line of duty is also considered a first-degree murder offense.
The main difference between first-degree murder and second-degree murder is the absence of a premeditation requirement.
The state of Arizona can charge you with second-degree murder if:
Second-degree murder is often mistaken for manslaughter as a “heat of passion” crime, where the killer is briefly overwhelmed by intense emotions and acts impulsively without prior intent to kill. An example of manslaughter might be someone who comes home from work early, finds his or her spouse in bed with someone else, and uses a deadly weapon to murder the victim in a fit of rage.
Intentional or “knowing” second-degree murder usually requires what prosecutors call a “more culpable mental state.” An example might be a “road rage” incident in which one driver pursues another for some distance before running the other person off the road or getting out of his or her vehicle and shooting the other driver with a gun.
Examples of reckless behavior causing grave risk of death can be drag racing down a busy street or shooting a gun into a crowd.
Note that, as with first-degree murder, the exceptions to causing the death of a child (lawful abortion, a botched medical procedure, or the death being caused by the child’s mother) still apply.
Unlike other felonies, punishments for Class 1 Felonies do not fall within the usual sentencing range and are unique to this felony class.
First-degree murder is punishable by any of the following:
Also, attempted first-degree murder is a Class 2 felony in Arizona and carries a prison sentence of from seven to 21 years in prison.
The sentence for second-degree murder depends on whether you have prior felony convictions.
Unlike most felony crimes, which have a seven-year statute of limitations for the state to bring charges against you, there is no statute of limitations for a Class 1 Arizona felony.
Class 1 Felony prosecutions are not always open-and-shut affairs for prosecutors. An experienced Arizona criminal law defense attorney can look for several ways to create reasonable doubt in jurors’ minds. Some of these possible defenses under Arizona law include:
If you or a loved one is facing any type of murder or other criminal charges, contact the attorneys at AZ Defenders to request a free case consultation.
Our murder defense attorneys will provide legal advice that you can use to better understand your position and future. Our lawyers work relentlessly on behalf of our clients. We will help you with what comes next after being accused of murder.Call us at 480-456-6400 to speak to an attorney. We are available 24/7.