What is Homicide under Arizona Law?
In Arizona, homicide is not a separately chargeable crime; rather, it is a short-hand way
of describing several offenses in which unlawful conduct results in a person’s death.
There are a number of crimes which fall under the heading of homicide. It is defined in
section 13-1101 of the Arizona Criminal Code as including the crimes of first degree
murder, second degree murder, manslaughter and negligent homicide. Each of these
offenses is distinct, not only in the elements that the state must prove, but also in the
penalties, which range from a relatively short prison term, to life imprisonment and the
death penalty. Note that attempted murder is covered in statutes relating to preparatory
offenses, and not specifically under the homicide law. Also note that Arizona does not
have a separate statute dealing with vehicular homicide; rather, the crime is subsumed
within the definition of other homicide offenses.
The following sets forth the basics of the Arizona homicide statutes:
• Negligent homicide. The definition of negligent homicide is causing the death of
another person (including an unborn child) with criminal negligence. Negligent
homicide is a class 4 felony. In the absence of aggravating or mitigating factors, it
is punishable by a prison term of up to 3 years for a first time felony offender, with
a presumptive sentence of 2.5 years. A significant issue in examining a charge of
negligent homicide is whether the defendant acted with criminal negligence.
Arizona law states that criminal negligence is the failure to perceive a substantial
and unjustifiable risk that a particular result, in this case the death of another
person, will occur, and that the failure to perceive that risk amounts to a gross
deviation in the standard of care that a reasonable person would exercise in the
situation. As with most criminal offenses, knowing the definitions applicable to
negligent homicide, while important, does not begin to answer the question of
how to defend a client charged with the crime. This takes not only skill, but
experience. As a veteran criminal defense attorney and former prosecutor, Adam
Feldman knows what it takes to develop a defense in a homicide case.
• Manslaughter. A charge of manslaughter can arise in a number of different
contexts. It may consist of recklessly causing the death of another person;
committing what would otherwise be second degree murder, as a result of a
sudden quarrel or heat of passion which is in turn the result of being provoked by
the victim; or intentionally aiding someone to commit suicide; or committing what
would otherwise constitute second degree murder involving reckless behavior or
an extreme indifference to human life, as the result of coercion through the use
or threatened use of deadly physical force upon the defendant or another which a
reasonable person would be unable to resist; or knowingly or recklessly causing
the death of an unborn child by inflicting physical injury on the mother of the
unborn child. Manslaughter is a class 2 felony, with a presumptive sentence for a
first time offender of 5 years in prison. Even a cursory reading of the statute
leads to more questions than answers: What is reckless behavior? What is
provocation? What would a reasonable person do in the circumstances of the
defendant? What is heat of passion? What is extreme indifference to human
life? Experience in answering these and related questions provides the basis for
a successful defense to a manslaughter charge. Reading the law will only get
you so far, and no amount of book knowledge alone will do in this area. Only a
highly experienced homicide attorney will be able to provide you with the
expertise necessary for a successful defense.
• Second degree murder. A second degree murder charge can be based upon a
number of specific circumstances, and the state of mind of the defendant is the
key to understanding the nature of the offense, and what the state must prove in
order to obtain a conviction. The first thing to understand is that second degree
murder in Arizona is murder that is unpremeditated. It includes intentionally
causing the death of another person; causing death with knowledge that the
defendant’s conduct will cause death or serious injury; or recklessly causing
death when the defendant’s conduct demonstrates an extreme indifference to
human life. Second degree murder is a class 1 felony, with a presumptive
sentence for a first time felony offender of 16 years in prison.
• First degree murder. A first degree murder conviction generally requires
premeditation. In Arizona, this means that the death was the result of an act
which was intended to cause the death of another person, or with knowledge that
the defendant’s conduct would result in the killing of another, when the
knowledge or intent exists sufficiently in advance of the act to permit reflection.
Actual reflection is not required, merely time within which the defendant had the
opportunity to reflect. It is distinguished from second degree murder in that an
instant reaction resulting from a quarrel or heat of passion will not support a
conviction for first degree murder. In addition to premeditated killing, first degree
murder can also be charged if the defendant knowingly kills a police officer while
the officer is acting in the line of duty. Finally, first degree murder includes acts
which result in death as a consequence of certain sexual offenses, drug
offenses, terrorism, drive by shootings, kidnapping, burglary, arson, robbery,
escape, and unlawful flight. First degree murder involving a death occurring in
the commission of one of these felonies is commonly referred to as felony
murder. Note that felony murder does not require that the defendant intended to
kill another human being – although the issue of intent to kill can be raised as a
mitigating or aggravating factor if the death penalty is at issue, it is not an
element of the crime itself. The penalty for first degree murder is death, or life
imprisonment. Where the death penalty is sought by the state, the crime is
referred to as capital murder. An entire series of statutes in Arizona is devoted to
sentencing in capital cases, aggravating and mitigating factors, appellate review
of cases in which the death penalty has been imposed, as well as the procedures
for determining under what circumstances a jury may determine that the death
sentence should be applied.
The Feldman Law Firm, PLLC
1 East Washington Street, Phoenix, Arizona 85004, USA
1-602-540-7887
attorney@afphoenixcriminalattorney.com
http://www.afphoenixcriminalattorney.com