What is First Degree Murder in Arizona, A.R.S. 13-1105?
First degree murder under Arizona law is a violation of A.R.S. 13-1105, and is a homicide. Homicide is the unlawful killing of a human by another human, and in Arizona includes first-degree murder, second degree murder, manslaughter, and negligent homicide. Homicide is very serious and is treated as such by all law enforcement agencies. Since law enforcement sees homicide as a serious offense, they tend to do a more thorough investigation when murder is suspected. This is not to say that law enforcement officers do not make mistakes during their investigation.Like all humans we are subject to making mistakes that allow our biases and prejudices to affect us, and this sometimes leads to us making errors in judgment and incorrect assumptions, leading to false conclusions resulting in a criminal charge such as first degree murder.
First degree murder in Arizona is a violation of A.R.S. 13-1105, and is established when a person intends to, or knows that the person's conduct, causes the death of another person or an unborn child at any stage of development in the womb. This is the intentional premeditated killing of another person when such intention precedes the killing by any length of time in order to permit reflection of one's act.It is first degree murder without any further specific mental state if the person or another person causes the death of someone in the following circumstances:
- Attempts to or commits sexual conduct of a minor under A.R.S. 13-1405;
- Sexual assault under 13-1406;
- Molestation of a child under 13-1410;
- Terrorism under 13-2208.01;
- Marijuana offenses under 13-3405(A)(4);
- Dangerous drug offenses under 13-3407(A)(4)&(7);
- Narcotic offenses under 13-3408(A)(7);
- Involving or using minors in drug offenses under 13-3409;
- Drive-by shooting under 13-1209;
- Kidnapping under 13-1304;
- Burglary under 13-1506, 1507 or 1508;
- Arson under 13-1703 or 1704;
- Robbery under 13-1902, 1903, or 1904;
- Escape under 13-2503 or 2504;
- Child abuse under 13-3623(A)(1);
- Unlawful flight from a law enforcement vehicle under 13-622.01;
It is also first degree murder under Arizona law to know or intend that a person's conduct will cause a death and that in fact causes the death of a law enforcement officer engaged in the line of duty.
When looking for the right lawyer to defend someone charged with first degree murder, Brian Di Pietro is a tough, experienced and aggressive criminal defense attorney who has successfully fought for the interests of his clients when charged with first degree murder. Brian Di Pietro has represented several clients charged with first degree murder, and not one of them was convicted of the charge, even with three of them having confessed to the police. He successfully argued to the jury that the homicide was not first degree murder but only manslaughter or merely second degree murder. When considering an Arizona criminal defense lawyer, you can count on Brian Di Pietro Law, PLLC, for the experience you seek in a tough, aggressive criminal defense attorney.
What are Penalties for First Degree Murder in Arizona:
First degree murder is Arizona is a class one felony, and is punishable by death or life imprisonment.
Defenses to a Charge of First degree Murder in Arizona, A.R.S 13-1105:
Should someone be charged with the offense of first degree murder, a violation of A.R.S. 13-1105 in Arizona, there may be the possibility of several defenses available depending on the circumstances. A few of those defenses may be:1. Alibi2. Self-defense3. Mere presence4. Insufficiency of state's evidence5. Mistaken identity6. Use of deadly force7. Defense of a third person8. Defense of premises
Brian Di Pietro Law PLLC, Arizona's Most Experienced and Aggressive Homicide Lawyer
Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending homicide case involving first degree murder charges in Arizona. Brian Di Pietro is an experienced, tough, aggressive, criminal defense attorney in Phoenix, who will work hard to fight the charges against you to achieve the most favorable outcome for your particular homicide charges. Contact now us now for a free confidential case evaluation about your first degree murder charges in Arizona Brian Di Pietro Law, PLLC 623-242-2655.