Second Degree Murder Defense

Second degree murder under § 13-1104(A) requires a death caused "without premeditation." Premeditation, the element that separates this charge from first degree murder, is defined in A.R.S. § 13-1101(1). The State must prove one of these three forms:

1. Intentional, § 13-1104(A)(1): you intentionally cause the death of another person.
2. Knowing, § 13-1104(A)(2): knowing that your conduct will cause death or serious physical injury, you cause the death of another person.
3. Extreme indifference, § 13-1104(A)(3): "under circumstances manifesting extreme indifference to human life," you recklessly engage in conduct that "creates a grave risk of death" and thereby cause a death.

The mental states come from A.R.S. § 13-105(10). "Intentionally" means your objective is to cause the result. "Knowingly" means you are aware or believe that your conduct is of that nature. "Recklessly" means you are aware of and consciously disregard "a substantial and unjustifiable risk." Under § 13-105(10)(c), a person who is unaware of a risk only because of voluntary intoxication still acts recklessly.

Each form also covers the death of an unborn child, with exceptions in § 13-1104(B) for a consented abortion, medical treatment and the child's mother. "Serious physical injury" is defined in § 13-105(39) and includes injury that "creates a reasonable risk of death." You can compare all of Arizona's homicide charges on our main page.

Section 13-1104(C) sends sentencing to one of three statutes, depending on the facts. For most first offenses, § 13-710(A) applies. Section 13-710(C) allows the presumptive term to be mitigated or aggravated based on the circumstances of the case.

When the person killed was under fifteen, A.R.S. § 13-705(D) also allows a life sentence, with release barred until 35 years are served or the sentence is commuted, subject to narrow exceptions in the statute. Under A.R.S. § 13-706(A), a person convicted of a serious offense such as second degree murder who has two or more prior serious offense convictions "not committed on the same occasion" faces life imprisonment, with release barred until at least 25 years are served or the sentence is commuted.

Second degree murder cases often turn on what the person knew or intended, and on whether the State can prove the specific form it charged. We review every report, recording and lab result with that question in mind.

• Mental state: The line between knowing conduct, extreme indifference and ordinary recklessness is a matter of evidence. If the proof shows recklessness without extreme indifference, the facts may fit reckless manslaughter under A.R.S. § 13-1103(A)(1), a class 2 felony.
• Sudden quarrel or heat of passion: Conduct that would be second degree murder becomes manslaughter under § 13-1103(A)(2) when it happens "on a sudden quarrel or heat of passion resulting from adequate provocation by the victim." The provocation must come from the victim.
• Self-defense and justification: Arizona law allows deadly physical force in limited situations (A.R.S. § 13-405), and § 13-405(B) says there is no duty to retreat if you are "in a place where the person may legally be and is not engaged in an unlawful act." If the defense presents evidence of justification, "the state must prove beyond a reasonable doubt that the defendant did not act with justification" (A.R.S. § 13-205(A)).
• Causation and forensic evidence: The medical cause of death, the timeline and any intervening events may be reviewed with independent experts.
• Statements and searches: Interviews, warrants and phone searches are reviewed for constitutional problems that may lead a court to exclude evidence.
• Sentencing mitigation: Because § 13-710 sets a range, mitigation can affect where a sentence falls. Your background, mental health, role in the events and conduct since then may all be presented.