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First Degree Murder Charges in Arizona?
Your Life Is on the Line.
First degree murder is a Class 1 felony and the only offense in Arizona that can carry a death sentence. If you or a loved one is facing a first degree murder charge, we recommend you speak immediately with a criminal defense attorney experienced in defending capital and homicide cases in Maricopa County.
First-degree murder is the only crime in Arizona that can end with a death sentence. Under ARS 13-1105, a conviction leaves a judge with exactly three options: death, natural life, or life with the possibility of release after 25 calendar years. There is no fourth choice, no probation, and no sentencing range to argue within.
What most people do not realize is that Arizona does not require any intent to kill for a first-degree murder conviction. The felony murder rule reaches a defendant who never touched the victim, never planned a death, and may not even have been in the room. Participating in one of the listed predicate felonies is enough if someone dies during it or during the flight from it.
Matthew Lopez Law defends first-degree murder charges across Arizona. Contact our firm for a confidential consultation.
ARS 13-1105(A) sets out three distinct routes to the same charge.
Premeditated murder. Intending or knowing that the conduct will cause death, the defendant causes the death of another person with premeditation. This is the classic first degree murder theory, and premeditation is the element that separates it from second degree murder.
Felony murder. The defendant, acting alone or with others, commits or attempts one of the statute’s predicate felonies and, in the course of and in furtherance of that offense or immediate flight from it, causes any person’s death. The predicate offenses include sexual conduct with a minor, sexual assault, molestation of a child, terrorism, certain drug offenses, drive-by shooting, kidnapping, burglary, arson, robbery, escape, child abuse, and unlawful flight from a pursuing law enforcement vehicle. No intent to kill is required.
Killing a peace officer. Knowingly causing the death of a law enforcement officer who is in the line of duty.
The statute also reaches the death of an unborn child at any stage of development, with statutory exceptions for authorized medical procedures and for the mother herself.
Premeditation carries a specific legal meaning in Arizona, and it is narrower than prosecutors often suggest. It requires that the defendant act with either the intention or the knowledge that the conduct will cause death, and that the intention or knowledge precede the killing by a length of time permitting reflection.
The critical point is that reflection must actually be possible. Arizona courts have held that the passage of time alone does not establish premeditation. The state must prove actual reflection, not merely that a few seconds elapsed. This distinction is often the entire battleground between a first degree and a second degree murder verdict, and it is where expert testimony and a careful reconstruction of the timeline matter most.
A first degree murder conviction is a Class 1 felony. Sentencing is governed by ARS 13-751.
| Sentence | What It Means |
| Death | Imposed only after a separate penalty phase where a jury unanimously finds at least one statutory aggravating factor and determines that mitigation is not sufficiently substantial to call for leniency |
| Natural life | Imprisonment for the remainder of the defendant’s life with no possibility of release on any basis |
| Life | Imprisonment with the possibility of release only after serving 25 calendar years, or 35 calendar years if the victim was under 15 or an unborn child |
Arizona eliminated parole for offenses committed on or after January 1, 1994. For those cases, release after the 25 or 35 year mark comes through executive clemency rather than a parole board, which makes it far from automatic.
When the state seeks death, the case splits into phases. The trial phase determines guilt. If the defendant is convicted, an aggravation phase asks the jury whether the state has proven any of the statutory aggravating circumstances listed in ARS 13-751(F), such as a prior serious offense conviction, killing for financial gain, especially cruel or heinous conduct, or a victim under 15. Only if the jury unanimously finds at least one aggravator does the case proceed to a penalty phase, where the defense presents mitigation and the jury decides between death and a life sentence.
Mitigation under ARS 13-751(G) is deliberately broad and includes impaired capacity, unusual duress, minor participation, age, and any other factor relevant to whether leniency is appropriate. Building that mitigation case is work that starts at the beginning of the representation, not after a conviction. Arizona capital cases also carry specific counsel qualification requirements set by the Arizona Supreme Court.
Attacking premeditation. Reducing the case to second degree murder eliminates the death penalty and natural life entirely, replacing them with a 10 to 25 year range. This is the single highest-value defense objective in most premeditated murder cases.
Challenging the felony murder predicate. Felony murder collapses if the state cannot prove the underlying felony, or cannot prove that the death occurred in the course of and in furtherance of it. Deaths that happen after the felony is complete, or that are not connected to furthering it, fall outside the rule.
Justification. Self-defense, defense of a third person, and defense of premises under ARS 13-405 are complete defenses. Once justification is properly raised, the burden is on the state to disprove it beyond a reasonable doubt.
Provocation. Evidence of a sudden quarrel or heat of passion on adequate provocation supports a manslaughter verdict instead of murder.
Identification and forensic challenges. DNA, ballistics, digital location data, cause-of-death determinations, and witness identification are all subject to independent expert review, and errors in any of them can be decisive.
Accomplice liability limits. Where the defendant is charged through another person’s conduct, the extent of actual participation and knowledge becomes central.
Mental state and capacity. Intoxication, mental illness, and cognitive impairment can defeat the specific mental states first degree murder requires, even where they do not excuse the conduct entirely.
Under ARS 13-107(A), a prosecution for any homicide may be commenced at any time. Arizona regularly files first degree murder charges decades after the alleged offense, often on the strength of new forensic testing. Cold case prosecutions raise their own defense issues around evidence degradation, lost witnesses, and the chain of custody on samples stored for many years.
A first-degree murder charge is the most serious accusation Arizona law allows, and the difference between a death notice, natural life, and a second-degree murder verdict often comes down to premeditation and mitigation work performed in the earliest months of the case.
We serve clients in Tempe, Mesa, Apache Junction, Lake Havasu, Parker, and statewide. Every interaction confidential.
Contact us for a free consultation.
Every minute counts when you’re facing criminal charges in Arizona. Whether you were just arrested or have court next week, our team is ready to start building your defense right now. We offer free consultations and can start protecting your rights today with flexible payment plans that work for your budget.
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