The most serious crime the State of Arizona can charge a person with is homicide. If the State of Arizona has charged you or someone you know with homicide, you must have prepared and aggressive criminal attorney by your side. Of course, many murder cases make first page news around the world.
There are different kinds of homicide, including intentional murder, second degree murder, and negligent homicide. Many times, if a defendant kills someone while under the influence of drugs or alcohol, the State will charge the defendant with second degree murder.
WHAT IS THE DIFFERENCE BETWEEN FIRST DEGREE MURDER AND SECOND DEGREE MURDER?
The main difference between first degree and second murder is "premeditation". Under Arizona Revised Statute 13-1105, first degree murder is defined as:
"Premeditation" means that the defendant intended to kill another human being or knew [he] [she] would kill another human being, and that after forming that intent or knowledge, reflected on the decision before killing. It is this reflection, regardless of the length of time in which it occurs, that distinguishes first degree murder from second degree murder. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. [The time needed for reflection is not necessarily prolonged, and the space of time between the intent or knowledge to kill and the act of killing may be very short.]
CAN SOMEONE GET THE DEATH PENALTY IN ARIZONA?
The short answer is yes. Since the United States Supreme Court has ruled that the death penalty does not violate the 8th Amendment prohibition against cruel and unsual punishment, the state of Arizona can execute a defendant guilty of a capital crime. That capital crime would be first degree murder.
CAN THE STATE PROSECUTE SOMEONE UNDER THE AGE OF 18 AS AN ADULT FOR MURDER?
Yes they can, and the state does this regularly. Under (13-501. Persons under eighteen years of age; felony charging; definitions) "The county attorney shall bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is fifteen, sixteen or seventeen years of age and is accused of any of the following offenses: First degree murder in violation of section 13-1105..."
However, if the defendant is under the 18 at the time of the first degree murder, the state of Arizona cannot execute that defendant.
If you have been charged with any homicide charge in Arizona, anywhere from murder to manslaughter to criminally negligent homicide, please contact Vladimir Gagic at his Phoenix office today.
