Second-Degree Murder 

Seek experienced, aggressive lawyers when you are facing Second Degree Murder charges in Arizona including Maricopa County, and the greater Phoenix area including Chandler, Tempe, Scottsdale and Gilbert. The penalties for a conviction of second-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.  

The time to act is now and to find a legal team that will have your back when it matters most. Contact the Ciccarelli Legal Team for the experienced advocacy they will bring to protect you and your family when facing second degree murder charges in Phoenix Arizona.  

Why Should You Choose the Ciccarelli Law Offices for Your Phoenix Az Second Degree Murder Charges? 

A team dedicated to fighting for you and your family when they are needed the most; Ciccarelli Law Offices brings experienced criminal attorneys ready to defend Arizona Second Degree Murder cases. We offer a team that is comprised of former prosecutors and defenders, armed with the precise blend of experience and knowledge necessary to fight second-degree murder charges. 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. When a person kills someone, regardless of intent or other details surrounding the incident, it is generally called a homicide. In Arizona, a person commits second-degree murder when he or she intentionally kills another person, but does so without any premeditation. Often times this type of crime is charged in connection with a DUI-related death. 

Unlike first degree murder premeditation is not required and the prosecution but may have to prove it was a knowing or intentful act. If a defendant is charged with second-degree murder the prosecution does not have to prove that the homicide was planned or that the defendant had the opportunity to reflect on their actions prior to causing the victim’s death.  

First-degree murder is generally when a person knowingly and purposefully kills another person or causes substantial bodily harm that the person dies due to the injuries that were inflicted. 

Although less severe than the penalties for first-degree murder, a conviction for second degree murder in Arizona carries with it a mandatory prison sentence in the Arizona Department of Corrections for a minimum of 10 years and a maximum of 22 years. 

How Is Second Degree Murder Different Than Manslaughter? 

Second-degree murder is different than manslaughter however because manslaughter is a spur of the moment killing that happens while the defendant is under an intense heat of passion. In second-degree murder, the defendant is under no such influence. 

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.  

13-710. Sentence for second degree murder 

1. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 shall be sentenced as follows:

Minimum     Presumptive Maximum 

10 calendar years 16 calendar years 25 calendar years 

1. Except as provided in section 13-704 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 and who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:

Minimum     Presumptive Maximum 

15 calendar years 20 calendar years 29 calendar years 

1. The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.

13-1104. Second degree murder; classification 

1. A person commits second degree murder if without premeditation:
2. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
3. Knowing that the person’s conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
4. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
5. An offense under this section applies to an unborn child in the womb at any stage of its development.  A person may not be prosecuted under this section if any of the following applies:
6. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
7. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
8. The person was the unborn child’s mother.
9. Second degree murder is a class 1 felony and is punishable as provided by section 13-705 if the victim is under fifteen years of age or is an unborn child, section 13-706, subsection A or section 13-710.

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: 

• 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.  

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

If you are facing charges of Second Degree Murder in Phoenix, Chandler, or anywhere in Arizona, you already know that your entire future hangs in the balance. This is one of the worst crimes you can be accused of and a conviction could result in a lifetime behind bars. 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.