Arizona First Degree Murder
First-Degree Murder
For obvious reasons, the crime of murder is one of the most severely punished offenses across the nation, in the state of Arizona, and in Phoenix in Maricopa County. The penalties for a conviction of first-degree murder in Arizona can include years or decades behind bars, as well as significant fines. There are collateral damages associated with a felony conviction as well, including the loss of voting rights or the right to possess a firearm, an inability to gain employment, an inability to rent a home or apartment, and even an inability to secure a government loan for higher education.
Because the stakes are so high, anyone facing a first-degree murder charge in the greater Phoenix metro area including Chandler, Gilbert, Tempe, and Scottsdale should immediately speak to a highly experienced criminal defense attorney. Having a strong legal advocate by your side can result in the reduction of your charges—or having those charges dropped altogether, depending on the evidence against you. The attorneys at the Ciccarelli Law Offices have nearly 100 years of combined criminal defense experience and will always fight for justice for those charged with first-degree murder.
Why Should You Choose the Ciccarelli Law Offices for Your Chandler, AZ First-Degree Murder Charges?
At the Ciccarelli Law Offices, we know you have choices when you are looking for a criminal defense attorney in Chandler Arizona and the greater Phoenix metro area. We hope you will consider our highly-skilled team of knowledgeable criminal defense attorneys. We offer a team that is comprised of former prosecutors and defenders, armed with the precise blend of experience and knowledge necessary to fight first-degree murder charges. The Ciccarelli legal team is well-versed in the laws of Arizona, the Troy court system, and the local prosecutors. We will explore every available avenue to ensure you have the best chance of a positive outcome to your charges.
When a client is facing charges that will change his or her life forever, we take those charges seriously. We immediately begin looking at every shred of evidence the state has, look for ways to discredit that evidence and search for evidence that will prove innocence or lessen the potential sentence. We will strive to maximize each of your options, leaving you equipped to make the most informed decision regarding your charges. In short, when you choose the Ciccarelli Law Offices, we will fight for justice on your behalf in every possible way, at every turn.
What Is the Law in Arizona Regarding First-Degree Murder?
Murder is the illegal act of taking the life of another human being. First-degree murder is differentiated from other charges of murder and manslaughter in that it involves premeditation and is an intentional act. First-degree murder is charged when it is believed the person accused of the crime acted willfully, deliberately, or with planning. First-degree murder charges are detailed under Arizona statutes, ARS 13-1105. This statute designates first-degree murder as a Class 1 felony that involves intending or knowing one’s conduct will cause the death of another person or unborn child.
First-degree murder involves one of three things: premeditation, taking a human life in furtherance of another crime, or intentionally causing the death of a law enforcement officer while he or she is in the line of duty. Premeditation means the person committing the crime has actually thought it through—perhaps by determining when the victim will be home, then lying in wait to ambush and kill that person. Taking a human life in furtherance of a crime could involve robbing a convenience store, then killing the store clerk on the way out to avoid being identified. If a person was being pursued by a police officer and turned and shot the officer, while no premeditation was involved, an office on duty was murdered. Under Arizona law, the motive is not an element of the criminal offense of first-degree murder.
What are the Potential Penalties for a First-Degree Murder Conviction in Arizona?
For a murder conviction in the state of Arizona where the date of the murder was before August 2, 2012, there are three potential penalties: life in prison with no possibility of release until 25 years have passed, life in prison without the possibility of parole, and capital punishment (the death penalty). For a murder that occurred after August 2, 2012, there are only two potential penalties: life in prison without the possibility of parole, and death.
Having the charges reduced to a second-degree murder can significantly reduce the potential penalties if it can be shown there was no level of premeditation (assuming the death did not occur as a result of another crime, or the victim was not an on-duty police officer).
Second-degree murder in the state of AZ is punishable by 10-16 years in prison—a far cry from life in prison or the death penalty. Having an experienced criminal defense attorney from the Chandler, AZ, Ciccarelli Law Offices in your corner can make a huge difference in your future.
What Are Some Potential Defenses to Charges of First-Degree Murder in Arizona?
While the defense your Chandler, AZ criminal defense attorney will use on your behalf will depend on the facts and circumstances of your case, there are some “typical” defenses that are used in first-degree murder cases, including:
- There was no premeditation involved in the crime, i.e., the defendant did not act intentionally. For first-degree murder to be charged, premeditation must be shown.
- The defendant acted in self-defense. This means there was justification for the murder and that the use of deadly force by the defendant was warranted.
- The confession given by the defendant was coerced by law enforcement. In some cases, confessions to crimes are clearly coerced by law enforcement, particularly when the defendant did not understand his or her rights or has a mental impairment.
- Actual innocence—the defendant has an alibi for the crime and did not commit the murder.
- A search warrant was invalid. If the arrest had not occurred without evidence obtained via a police search, and it turns out the search warrant was invalid, then the evidence cannot be used.
- There were forensic flaws involved in the case. A forensic flaw can include a wide variety of issues, such as flawed DNA testing, flawed ballistics or gunshot residue testing, and more.
- Sloppy police work can involve misstatements or false statements by law enforcement, flawed ID procedures, or inaccurate reconstruction of a crime scene.
- The defendant was not properly Mirandized. Once a person is arrested, the law dictates that their Miranda rights be read to them, letting them know they have the right to contact an attorney, and they have the right to remain silent.
Call a Phoenix Murder Defense & Violent Crimes Attorney Today
If you or somebody you love is facing murder charges or charges related to violent crimes in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do and you likely need a team of Smart, Experienced, Aggressive, Determined lawyers that fight back at homicide and murder charges. Now is the time for action and the time for Lee Ciccarelli and his team.
Do not speak to law enforcement officials or prosecutors until you have legal counsel by your side. At the Ciccarelli Law Offices, our team has a track record of success helping clients get through incredibly complex criminal defense cases. We know that the stakes are high, and we will use all of our resources to ensure you are treated fairly. When you need a Phoenix murder defense or violent crimes attorney, reach out to our team today. We are determined to fight for our clients. It’s in our DNA to have your back and your Success is Our Mission.