Second-Degree Murder

Homicide is when an individual kills another human being. The “degree” of homicide is determined by intent and other details surrounding the incident. First-degree murder involves intent and premeditation, while second-degree murder involves intent, but no premeditation. A second-degree murder may happen in the heat of anger, but the accused still knew and understood that his or her actions could result in death. The prosecutor is not required to prove the accused had the opportunity to think about his or her actions prior to causing the death but must prove there was intent to commit the crime. 

While second-degree murder penalties are not as harsh as those for first-degree murder, the sentencing can range from a minimum of ten years in prison to a maximum of 25 years. If you are being charged with second-degree murder—or any level of homicide—in Arizona, you need the very best legal representation available. You need an experienced Scottsdale second-degree murder defense lawyer at Ciccarelli Law Offices. 

Why Should You Choose Ciccarelli Law Offices for Your Scottsdale Second-Degree Murder Charges? 

When you are charged with a criminal offense—particularly one as serious as homicide—you need a strong legal advocate in your corner as quickly as possible. The Arizona criminal defense lawyers at Ciccarelli Law Offices represent those charged with criminal offenses as a cohesive legal team. 

When you choose our firm, you will have a group of knowledgeable legal minds putting their skills and experience together to determine the best strategy for your second-degree murder charges. We consistently fight aggressively for the rights and the futures of our clients, seeking to have your charges reduced or dismissed whenever possible. 

Attorney Lee Ciccarelli, the founder of Ciccarelli Law Offices has practiced law for more than two decades and is one hundred percent committed to fighting for the rights of those whose liberty is on the line. Lee Ciccarelli leads a team of lawyers who work together to build the very best defense possible, building a creative, effective strategy on your behalf. 

When we take your case, we will begin learning everything we can about you and the offense you are accused of to help strengthen your defense. We know the Arizona laws and rules of court and are committed to working together on your behalf. We have passionate respect for constitutional rights and due process throughout each stage of your case. 

When you are facing the level of penalties you could receive from a second-degree murder conviction, “good enough” simply won’t do. You want the best, and the best is Ciccarelli Law Offices.  Our legal team has more than 100 combined years of national experience representing those charged with criminal offenses. We strive to make a real difference in the lives of our clients, regardless of who they are, where they are from, or how much money they have. 

With hundreds of Five-Star Reviews from our satisfied clients, Lee Ciccarelli has been recognized as:

• Super Lawyer 
• Top 100 Trial Lawyer by the National Trial Lawyers Association
• TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys 
• Having the highest rating (10.0) by AVVO 
• One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates. 

Second-Degree Murder Laws in Arizona

Second-degree murder is defined under A.R.S. 13-1104. This Class 1 felony offense occurs when another person is killed knowingly, recklessly, or intentionally—but without premeditation. A person can commit second-degree murder in one of three ways:

• Recklessly engaging in conduct that creates a grave risk of death and causes the death of another person or unborn child while showing extreme indifference to human life
• Knowingly engaging in conduct that will cause death or serious physical injury of another person or an unborn child
• Intentionally causing the death of another person or unborn child

As an example, if you shoot a person in the chest, you know there is a high likelihood that he or she will die, so you had the intent to kill that person. If you are driving down a neighborhood street at 100 miles per hour, you are knowingly engaging in conduct that can cause death or serious physical injury to another person, while showing extreme indifference to human life. Second-degree murder is different from manslaughter because manslaughter is a spur-of-the-moment killing that happens while the accused is under the intense heat of passion. 

What are the Potential Penalties for a Second-Degree Murder Conviction?

If you are convicted of second-degree murder in Scottsdale Arizona, you face a minimum of 10 years in prison, a 16-year presumptive prison sentence, and a maximum of 25 years in prison. This is a “day-for-day” sentence, with no time off your sentence for good behavior and no early release. There is no death penalty for second-degree murder. 

What are Possible Defenses for Second-Degree Murder?

While your specific defense will depend on the facts and circumstances surrounding your offense, there are several defenses that are more common for second-degree murder, including:

• Actual innocence—You did not commit the crime, meaning an eyewitness identification was wrong. Your attorney may have to prove you have an alibi that prevented you from committing the murder. The prosecution has the burden of proof and must show beyond a reasonable doubt that you committed the crime. If you did commit the murder, then your attorney may present some sort of justification for the crime. 
• Insanity—An insanity defense does not necessarily relieve you of responsibility for the murder charges. Your mental illness might be recognized, but if it can be shown you knew your actions were wrong at the time of the murder, then the insanity defense will not result in an acquittal. 
• Self-defense—If you were acting to protect your own life, or the life of another, then your attorney might claim you acted in self-defense. To claim self-defense, you must not have been a trespasser on another’s property, and you must not have provoked the other person. You must have had a reasonable fear of death or great bodily harm that necessitated this level of force. 
• Intoxication—Voluntary intoxication or involuntary intoxication refers to two different types of intoxication. Voluntary intoxication means you chose to drink, while involuntary intoxication means you were drugged by another person without your knowledge. Voluntary intoxication is usually not a defense to homicide, although involuntary intoxication could be. 

Facing Second Degree Murder Charges in Arizona? We Can Help! 

If you are facing charges of Second Degree Murder in Scottsdale Arizona, you are undoubtedly scared and uncertain about how this will affect your future. We know that being charged with murder is a very serious offense and one that can destroy your life. Don’t trust your future to just anyone. At Ciccarelli Law Offices, our Arizona Second Degree Murder Defense lawyers have the experience and resources needed to win your case.

Let Ciccarelli Law Offices help you through this difficult time in your life. Call us today to begin building a powerful defense against your murder or manslaughter charges.