Second Degree Murder

Under A.R.S. § 13-1104, a person commits second degree murder by intentionally causing the death of another person without premeditation, or by knowingly engaging in conduct that causes death, or by causing death under circumstances manifesting extreme indifference to human life.

What Distinguishes Second Degree Murder

Second degree murder is distinguished from first degree murder by the absence of premeditation. It is distinguished from manslaughter by the presence of a higher mental state — intent or knowledge rather than mere recklessness.

Penalties

Second degree murder is a Class 1 felony. The presumptive sentence is 16 years in prison, with a range of 10 to 25 years.

Defense Strategies

Defending a second degree murder charge often involves challenging the prosecution’s evidence of the defendant’s mental state. Self-defense, defense of others, and justification are also common defenses.