Tucson Murder Defense Attorney

Tucson Criminal Defense Attorney Explains Arizona Murder Laws

At common law, Murder is the unlawful killing of a human being, with malice aforethought.  Under Arizona law, there are two classifications of Murder, Murder in the First Degree, and Murder in the Second Degree.  Tucson logs about 50 murders per year in recent years, with the city's crime rate roughly double the national average.  Tucson Police Department has a much higher clearance rate for murders than the national average, and solves a higher percentage of murders than most cities its size.  On the one hand, a high murder clearance rate suggests skilled investigations, but on the other hand, an eagerness to "solve" as many murders as possible likely results in higher rates of arrests and charges of innocent people. 

There is not one primary motive for murders in Tucson, as many are related to domestic violence situations, petty disputes, the drug trade, even robberies and home invasions.  If you or a loved one is under investigation for murder, or has been charged or arrested, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  We can discuss the circumstances of your case, start to evaluate possible defenses, and strategize to provide the strongest possible defense to these serious charges.

FIRST DEGREE MURDER
Murder in the First Degree is the most serious grading of homicide under Arizona Law.  A person convicted of First Degree Murder can be sentenced to 25 years to Life, Life Without the Possibility of Parole, or Death.  The sentence upon a conviction for first degree murder will depend on a number of aggravating and mitigating factors, with special procedures in place with regards to imposition of the death penalty (more below).  Avoiding a conviction for first degree murder will take the death penalty off the table, and avoid a life sentence.  There are three ways a person can be convicted of First Degree Murder:

Premeditation
An intentional killing of another person that is premeditated will elevate a murder to murder in the first degree.  Arizona's statutory definition of premeditation (that it can occur over a short or long time) has been deemed vague, and is superseded by case law requiring the government to prove actual reflection.  In many first degree murder cases, whether actual reflection took place will be one of the primary points of contention, and therefore one of the central elements of defending the first degree murder charge.

Felony Murder
A killing that occurs during the perpetration of certain specified felony (including: Kidnapping, Robbery, Child Molestation, Arson, Sexual Assault, and Escaping/Fleeing from Law Enforcement).  Felony Murder can be charged when a person is killed during the commission of such specified felony, including during flight from the crime, and can be charged even if the specified felony is not completed.  The most controversial application of the Felony Murder Rule is that it covers accomplices, too, meaning that a person can be charged with murder despite not being directly involved in the victim's death.

Killing of an On-Duty Law Enforcement Officer
If the victim of a murder is an on-duty police officer, a person can be charged with first degree murder for committing an act that the person knows will cause the death of a law enforcement officer.  Note that this type of first degree murder does not require the prosecution to prove premeditation, nor that the killing occurred during the commission of a specified felony offense.

SECOND DEGREE MURDER
While not punishable in the same way as first degree murder, second degree murder is a very serious crime.  A person can be convicted of second degree murder by intentionally killing another person (who is not an on-duty law enforcement officer), without premeditation, OR by conduct manifesting extreme indifference to human life.  This covers unintentional killings that the killer knows were likely to occur as a result of dangerous conduct.   Second degree murder is punishable by a minimum of 10 years, and a maximum of 22 years in prison. 

DIFFERENTIATION FROM MANSLAUGHTER
There are traditionally two distinct kinds of manslaughter: voluntary and involuntary.  Most people familiar with the term "manslaughter" consider the involuntary type.  Involuntary manslaughter is an unintentional killing, resulting from reckless behavior, that poses a substantial danger to human life.  This can include things like drunk driving, engaging in a fight, or racing.  This concept is complicated by the extreme indifference second degree murder classification; sometimes it can be difficult to draw the line between behavior that manifests extreme indifference to human life, and that which is merely a reckless act.  Prosecutors will often charge second degree murder on borderline cases, and even cases where manslaughter is more fitting.  Voluntary manslaughter, or passion killing, is when a person commits an intentional killing, but due to provocation, cannot be said to have acted with the requisite malice for murder.  Voluntary manslaughter is less serious than murder, and imposes lesser punishment for killers who acted in the heat of passion.  Working a murder case down to manslaughter, whether through plea negotiations, motions, or at trial, is key to murder and homicide defense.

CAPITAL CASES
Arizona does still have the death penalty, applicable to first degree murder cases.  Years ago, a jury would only determine a defendant's guilt, whereupon judges were free to impose a death sentence if they deemed it appropriate.  In response to constitutional challenges, Arizona death penalty cases now have three separate phases:  the guilt phase (the jury decides whether the government has proven the elements of first degree murder), the aggravating circumstances phase (where the jury decides whether certain aggravating factors that permit imposition of the death penalty are present), and the mitigation phase (where the jury decides whether there are sufficient mitigating factors to preclude imposition of the death penalty).  The death penalty cannot be imposed on minors who were under the age of 18 at the time of the offense, or on-major participants in a killing.  Capital murder cases are complex and serious, and require a dedicated and experienced criminal defense attorney.

DEFENSES IN MURDER CASES
Each case is different, and there are many different defenses that might apply in different types of murder cases.  Some of the most common defenses in murder cases include:  Self-Defense, Mistaken Identity, False Accusations, Lack of Premeditation, Lack of Intent, Alibi, and more.

IF YOU OR A LOVED ONE IS UNDER INVESTIGATION, OR HAS BEEN ARRESTED AND CHARGED IN A HOMICIDE CASE, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

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RELATED ARTICLES:
Tucson Homicide Attorney
Tucson Attempted Murder Lawyer
Tucson Domestic Violence Attorney
Tucson Manslaughter Defense

HELPFUL LINKS:
Pima County Superior Court
Pima County Sheriff - Inmate Lookup
Tucson Police Department