First Degree Murder

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Phoenix First Degree Murder Attorney

Experienced Criminal Defense Lawyer for 1st Degree Murder Charges in Arizona – Available 24/7

First-degree murder is undeniably one of the most serious crimes a person can face, carrying the most severe punishment under Arizona law, including the possibility of a lifelong prison sentence or even the death penalty. For anyone facing such homicide charges, their choice of attorney is one of the most crucial decisions they will make, as it can impact the rest of their life. That’s why securing the help of a skilled Phoenix first-degree murder attorney like Belén Olmedo Guerra is absolutely vital. The stakes couldn’t be higher, and having the right legal representation can make all the difference.

An experienced Phoenix homicide lawyer will thoroughly investigate every detail of your case, scrutinize the evidence, and work tirelessly to build a strong defense. They will seek out expert witnesses, challenge the prosecution’s arguments, and explore every possible legal avenue to protect your rights. Whether it’s negotiating plea deals, challenging procedural errors, or presenting compelling arguments in court, an experienced lawyer will fight for your freedom at every step.

At Belén Law Firm, we understand the gravity of facing a first-degree homicide charge, and we are committed to providing aggressive and effective representation for those accused of these serious crimes. With extensive experience handling high-profile criminal defense cases across Phoenix, Maricopa County, and Central Arizona as a whole, Belén Olmedo Guerra has a proven track record of securing favorable outcomes for her clients. If you are facing homicide charges or any other serious criminal accusation, give us a call at (602) 715-0908 or reach out online for a free consultation. Our experienced criminal defense lawyers in Phoenix are ready to stand by your side and provide the strong defense you need.

What is the Worst Degree of Murder?

There are several different types of homicide crimes under Arizona law, each varying in severity and legal consequences. Among these are negligent homicide, vehicular homicide, manslaughter, second-degree murder, and first-degree murder. A person commits negligent homicide if the death is caused through criminal negligence, while vehicular homicide occurs when a person causes a fatality due to reckless driving. Manslaughter typically involves a death caused by reckless behavior or in the heat of passion. Second-degree murder involves intentionally causing someone’s death without premeditation. Of these charges, first-degree murder is the most severe, as it requires proof of premeditation, deliberate intent, and often carries the harshest penalties, including life imprisonment or the death penalty. Each homicide charge carries its own set of legal challenges, but first-degree murder is considered the most heinous and heavily punished under Arizona law.

What is First Degree Murder?

First-degree murder typically involves intentionally causing a person’s death with premeditation and planning. It is considered the most serious type of homicide due to the deliberate nature of the crime. Convictions can lead to life in prison or even the death penalty, reflecting the gravity of taking another person’s life in a calculated manner.

Does First-Degree Murder Have to Be Premeditated?

Although murder in the first degree is typically associated with premeditated murder, in Arizona, this is not always the case. While premeditation is one form of first-degree murder in Arizona, meaning the person planned and intended the person’s death beforehand, Arizona law also allows for a first-degree murder charge if someone dies during the commission of certain felonies, even if the killing was unintentional.

ARS 13-1105

The legal definition of first-degree murder in Arizona can be found under ARS 13-1105. According to this statute, a person commits this crime if “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.” More simply put, it is the act that occurs when a person knowingly and intentionally kills another person with the aspect of premeditation.

The statute also includes the following scenarios as examples of first-degree murder:

If someone is committing or attempting to commit certain serious crimes (like sexual assault, child molestation, drug crimes, drive-by shootings, kidnapping, burglary, arson, robbery, child abuse, or fleeing from a pursuing law enforcement vehicle), and during the crime or while escaping, someone is killed
If a person intends to, or knows their actions will, cause the death of a law enforcement officer who is on duty

Additionally, the law further clarifies that any death caused to an unborn child does not apply if the death was due to a legal abortion, medical treatment, or if the mother was responsible.

Arizona Felony Murder Rule

As shown in the statute above, Arizona follows the felony murder rule, which means that if a fatality occurs during the commission of another felony, a person may also be prosecuted for first-degree murder. Under this rule, the prosecutor does not need to prove that the killing was intentional or premeditated. Instead, the key factor is that the death happened as a result of committing or attempting to commit an underlying felony, such as robbery, burglary, or certain vehicular crimes.

The felony murder rule states that all individuals who were involved in the felony, even if they didn’t directly cause the death, can still be charged with first-degree murder. For example, if someone dies during a getaway in a robbery or during involuntary manslaughter related to a crime, all participants can face first-degree murder charges, regardless of whether they intended for anyone to die. This extends to situations where a death results unintentionally, as long as it occurred during the felony.

Examples of First Degree Murder

Here are a few examples of first-degree murder in Arizona as they relate to the statute mentioned above:

Someone carefully plans to ambush and kill a rival over a personal dispute, such as adultery or business disagreements
A person robs a convenience store, and during the robbery, someone is fatally shot
Someone shoots a police officer during a traffic stop or while fleeing a crime scene

These examples highlight how first-degree murder in Arizona can involve either intentional, premeditated killings or deaths that occur during the commission of serious crimes, even without intent to kill.

What is the Difference Between First Degree Murder and Second Degree Murder?

First- and second-degree murder charges in Arizona are similar in some ways but still have distinct differences that can greatly impact the severity of the penalties faced. As we’ve covered, first-degree murder in Arizona occurs when someone intentionally causes the death of another with premeditation or when someone dies during the commission of a felony, even if the death was unintentional.

Second-degree murder cases also involve the intentional killing of another person but without premeditation. These are often “heat of the moment” or “heat of passion” situations, where a person acts impulsively during a sudden quarrel or intense emotional outburst. For example, someone might kill in the middle of an argument without having planned it beforehand.

Second-degree murder can also apply when a person’s actions show circumstances manifesting extreme indifference to human life. This means the person recklessly engages in behavior that creates a grave risk of death or serious physical injury to others, and as a result, someone dies. A reasonable person would understand that their actions posed a high risk of fatal harm, but they carried on regardless. An example of this would be someone recklessly discharging a firearm in a crowded area and ultimately killing someone. Unlike first-degree murder, there is no premeditation, but the behavior still shows an extreme disregard for human life.

Understanding these distinctions can make a significant difference in the outcome of the case, whether it involves an impulsive act or reckless behavior leading to a tragic death. In both types of cases, an experienced Phoenix homicide attorney can help you understand the charges, penalties, and potential impact on your future.

1st Degree Murder Sentences in Arizona

As a Class 1 felony, a first-degree murder charge carries some of the most severe penalties possible in the state of Arizona. A murder conviction of this kind typically results in life imprisonment with no possibility of release except after 25 years of “day-to-day” prison time. What this means is that the defendant must actually serve 25 years’ worth of their prison sentence in full days with no option of early release or parole during that time.

In more severe cases, additional penalties include life imprisonment without the possibility of parole or even the death penalty, depending on the circumstances surrounding the crime. The gravity of these penalties can be overwhelming, but rest assured, an experienced Phoenix criminal defense attorney like Belén will prioritize getting the most serious penalties off the table as soon as possible.

Can You Get the Death Penalty for First Degree Murder?

Yes, you can receive the death penalty for first-degree murder in Arizona, depending on the circumstances of the crime. If the murder involved aggravating factors, such as extreme cruelty or occurred during the commission of another serious offense, the death penalty may be sought. An experienced Arizona criminal defense attorney can help defend against these charges and fight to reduce or eliminate such severe penalties.

Is Murder a Federal Crime?

Murder can be a federal crime under certain circumstances, but it is typically prosecuted at the state level. For murder to be classified as a criminal offense under federal law, it usually involves specific situations, such as killing a federal officer, committing the crime on federal land, or if the homicide charges are tied to other federal crimes like terrorism or organized crime. In such cases, a federal defense attorney is essential to help guide you through the legal system and defend against these charges.

The Importance of Hiring Skilled Legal Representation for These Cases

In a first-degree murder case, the stakes are incredibly high, as a conviction can lead to the most severe punishment possible, including life imprisonment or even death. The criminal justice system requires that the prosecution proves every element of the crime beyond a reasonable doubt for a homicide conviction to occur. This is where a skilled criminal defense attorney comes in.

Your first-degree murder lawyer can be the difference between freedom and a lifetime of consequences, as they will thoroughly examine the prosecution’s evidence, challenge the validity of the criminal charges, and fight for your rights throughout the criminal trial. Given the complexity and high stakes involved in such cases, securing a highly experienced attorney is critical to navigating the legal process and achieving the best possible outcome.

Potential Defense Strategies for a Murder Charge

At the Belén Law Firm, we pay attention to the evidence rather than the claims. With this in mind, an experienced Phoenix homicide attorney on our team will create a unique defense strategy for your Arizona first-degree murder case in order to prevent a guilty verdict by undermining the prosecution’s case. Some of the defenses we may explore include:

The prosecution may offer weak, unreliable evidence. We’ll be able to blow their case against you wide open if this happens.
Dangerous circumstances might appear out of nowhere, and you may not have enough time to consider all of your alternatives. If someone tries or threatens to use deadly force against you, you may be justified in using lethal force as a form of self-defense in return.
Additionally, if you were defending a third person from harm or preventing the commission of a separate serious cirme, your use of lethal force may also be justifiable.
We may be able to utilize the alibi defense if we can prove you were somewhere else at the time of the crime, making it impossible for you to have committed the murder.
With the insanity defense, we can argue that you lacked the necessary criminal intent due to a mental illness, and therefore cannot be held legally responsible for your actions.
Other defenses include being forced into committing the crime, acting in a fit of rage or a dispute, or acting as a consequence of the side effects of prescription medication.

Facing First Degree Murder Charges in Arizona? Contact a Phoenix Criminal Defense Attorney at Belén Law Firm ASAP!

If you’re charged with first-degree murder in Arizona, it’s up to your lawyer to fight for your future – and potentially your life. Don’t settle for anything less than an aggressive, experienced criminal defense attorney who knows how to win in court.

When it comes to homicide cases in Phoenix and throughout Maricopa County, Belén Olmedo Guerra brings a wealth of trial experience to the table and understands what it takes to put you in the best possible position for a successful conclusion. For more information, contact a skilled Phoenix murder defense attorney at Belén Law Firm online or call (602) 715-0908 for a free consultation today.

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