ARS § 13-1105 is the Arizona statute that defines the crime of first-degree murder. People typically commit this offense when they take another person’s life by means of a premeditated and intentional act. A violation of this law is a Class 1 felony punishable by death or life imprisonment.

The language of ARS 13-1105 sets forth three specific ways a person can be charged with first-degree murder. A person commits this offense if:

1. 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,
2. the person commits a certain felony offense and takes a human life either in furtherance of the crime or in fleeing from it, or
3. the person intentionally causes the death of a law enforcement officer who is in the line of duty.

Examples

• Hiding in the bushes outside an “ex’s” home, shooting the person as he walks towards the front door.
• Robbing a store and killing a person while trying to leave the crime scene.
• Shooting and killing a police officer during a high-speed chase.

Defenses

Criminal defense lawyers draw upon several legal strategies to help defendants challenge first-degree murder charges. Some of these include showing that defendants:

• did not act intentionally or with premeditation,
• acted in self-defense, and/or
• gave a coerced confession.

Penalties

A violation of ARS 13-1105 is a Class 1 felony (as opposed to a Class 1 misdemeanor). The crime is punishable by:

• a prison sentence for life, or
• the death penalty.

In this article, our criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related Arizona homicide laws.

1. How does Arizona law define first-degree murder?

Under Arizona law, people commit first-degree murder in one of three ways. People can commit the crime if they:

1. take the life of a human being through a premeditated and intentional act,ⁱ
2. commit a certain felony offense and then take another person’s life either while in the commission of the felony or while fleeing from it (this is known as Arizona’s felony murder rule),ⁱⁱ
3. intentionally cause the death of a law enforcement officer who is in the line of duty.ⁱⁱⁱ

Arizona’s criminal laws say that in order to show premeditation, prosecutors must prove that a defendant acted with either the intention or the knowledge that he would kill, and that such intention or knowledge preceded the killing by a length of time to permit reflection.^iv

As to the state’s felony murder rule, the following felonies could lead to a first-degree murder charge if a life is taken:

• Child abuse under ARS 13-3623,
• Sexual conduct with a minor under ARS 13-1405,
• Molestation of a child under ARS 13-1410,
• Sexual assault under ARS 13-1406,
• Drive-by shooting under ARS 13-1209,
• Dangerous drugs offenses under ARS 13-3407,
• Unlawful flight from a pursuing law enforcement vehicle under ARS 28-622.01,
• Marijuana offenses under ARS 13-3405, and
• Narcotics offenses under ARS 13-3408.

Note that under Arizona law, motive is not an element of the crime of murder.^v

2. Are there defenses to ARS 13-1105?

Defendants in murder cases can try to contest a charge with a legal defense. Three common murder defenses include accused people showing that:

1. they did not act intentionally or with premeditation.
2. they acted in self-defense.
3. police coerced a confession.

2.1 No intentional act or premeditation

One form of first-degree murder is when a person kills another through a premeditated and intentional act. A defense is for an accused to show that he/she did not act with either of these aims or purposes. Perhaps, for example, someone was playing with a loaded gun and shot and killed another person by accident.

2.2 Self-defense

Defendants can try to challenge a murder charge by showing that they killed another person while acting in self-defense. Defendants can raise this defense provided that:

1. they reasonably believed that they were in imminent danger of physical harm, and
2. force was necessary to stop the danger.

2.3 Coerced confession

This defense applies when a defendant gets charged under ARS 13-1105 following a confession.

Arizona law says police may not use overbearing measures to coerce a confession. If they do, then:

1. the judge may exclude the confession from evidence, or
2. the case could get dropped altogether.

3. What are the penalties?

First-degree murder is a serious charge in the State of Arizona.

A first-degree murder conviction results in a felony charge (a Class 1 felony).^vi

The crime is punishable by:

• a life sentence in state prison with no possibility of parole, or
• the death penalty.^vii

4. Are there related offenses?

There are three crimes related to first-degree murder. These are:

1. second-degree murder – ARS-13-1104,
2. manslaughter – ARS – 13-1103, and
3. negligent homicide – ARS 13-1102.

4.1 Second degree murder – ARS 13-1104

Under ARS 13-1104, second-degree murder is when a person:

1. intentionally causes the death of another person, including an unborn child,
2. commits an act knowing that it will cause death or serious physical injury, or
3. recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person.

Unlike with first-degree murder, a person does not have to act with any premeditation to be guilty of second-degree murder. Further, a violation of this statute is not a death sentence crime and is typically punishable by 10 to 16 years of prison time.

4.2 Manslaughter – ARS 13-1103

Per ARS 13-1103, manslaughter is when people cause the death of someone else but the killing falls short of constituting a murder.

Note that while this statute sets forth several ways in which a person can commit manslaughter, the crime generally falls short of murder because a person:

• kills another unintentionally, or
• takes another person’s life after being provoked (for example, in a “heat of passion).

4.3 Negligent homicide – ARS 13-1102

Per ARS 13-1102, negligent homicide is when:

1. people cause the death of another person (including an unborn child), and
2. they do so with criminal negligence.

Unlike first-degree murder, negligent homicide does not require that a person act intentionally, knowingly, or with premeditation. Rather, a person under this statute kills another by acting in defiance to a substantial risk that the act will result in serious harm.

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