3 Types Of First Degree Murder & Best Defenses Explained

What Is First Degree Murder?

First-degree murder is the most serious type of homicide charge you can face. Under Arizona law, ARS 13-1105, first-degree murder means that a person can be charged with three different types of first-degree murder. It includes –

1. Premeditated Murder
2. Felony Murder
3. Murder of a Law Enforcement Officer

1. Premeditated Murder

Premeditated murder means that a homicide is committed with the intent to kill and with prior planning or deliberation. The crime of premeditated murder requires the prosecution to prove that:

• You caused the death of another person, and
• You intended or knew that you would cause the death of another person, and
• You acted with premeditation.

“Premeditation” means that you intended to or knew you would kill another person and you thought about your decision to kill before the actual killing. It is this thought or reflection on your decision to kill, regardless of the amount of time involved, that raises a murder from second degree murder to first degree murder.

The passage of time is not, in and of itself, premeditation—there has to be actual reflection on your decision to kill. But the time you thought on your decision to kill does not have to be long to establish premeditation. And the amount of time between when you formed your intent to kill and the actual killing may be very short.

Is Premeditation Easier to Prove?

Premeditation is easier to prove when there is evidence such as:

• An agreement to kill a person; or
• The purchase of items used to kill another person, not long before the killing took place; or
• A husband who killed his wife after she had filed for a divorce was overheard by neighbors a few days ago threatening his wife, “If you divorce me, I will kill you” as he was moving out of their home.

Premeditated Murders Examples:

Premeditation is harder to prove, but can still be established in situations that escalate very quickly:

• For example, a wife and husband get into an argument at home. The argument does not last long before the husband shoots and kills his wife.

Depending on the evidence, the husband could be found guilty of Manslaughter because maybe he shot his wife as a result of a sudden quarrel of heat of passion.

But let’s say there is additional evidence from another family member who was there. In the minutes before shooting his wife, the husband grabbed her phone as she tried to call for help. Then as she tried to run out the door for help, he caught her and threw her down on the ground and locked the door behind them and fired two shots killing her.

These actions can be used to show that the husband intended to kill his wife and actually thought about it before shooting her. The husband could then be found guilty of Premeditated first degree murder.

2. Felony Murder

Felony murder is defined as when someone dies while you are committing a serious crime, even if you didn’t mean to kill anyone. The specific felony offenses that qualify you for Felony Murder are listed in the law in A.R.S. § 13-1105(A)(2). So, the crime of Felony Murder requires the prosecutor to prove that:

1. You committed or attempted to commit one of the listed felony offenses:

• Burglary in the third, second, or first degree – A.R.S. §§ 13-1506, 13-1507, or 13-1508
• Robbery – A.R.S. § 13-1902
• Aggravated robbery – A.R.S. § 13-1903
• Armed robbery – A.R.S. § 13-1904
• Sale or transportation of marijuana (involving statutory threshold amounts) – A.R.S. § 13-3405(A)(4)
• Manufacture of a dangerous drug – A.R.S. § 13-3407(A)(4)
• Sale or transportation of a dangerous drug (involving statutory threshold amounts)– A.R.S. § 13-3407(A)(7)
• Sale or transportation of a narcotic drug (involving statutory threshold amounts) – A.R.S. § 13-3408(A)(7)
• Involving or using minors in drug offenses – A.R.S. § 13-3409
• Kidnapping – A.R.S. § 13-1304
• Child abuse (intentional or knowing) – A.R.S. § 13-3623(A)(1)
• Sexual conduct with a minor – A.R.S. § 13-1405
• Sexual assault – A.R.S. § 13-1406
• Molestation of a child – A.R.S. § 13-1410
• Sexual assault – A.R.S. § 13-1406
• Terrorism – A.R.S. § 13-2308.01
• Arson – A.R.S. §§ 13-1703 or 13-1704
• Escape in the second or first degree – A.R.S. § 13-2503 or 13-2504
• Drive by shooting – A.R.S. § 13-1209

Unlawful flight from a pursuing law enforcement vehicle – A.R.S. § 28-622.01

and;

2. In the course of and in furtherance of this crime or immediate flight from this crime, you or another person caused the death of any person.

Felony Murder – No Need for Intent to Cause Death

You do not have to intend to cause the death of another person to be charged with Felony Murder. The death could be a complete accident, as long as the death occurred in the course of and in the furtherance of the other felony crime (or while immediately fleeing from the other felony crime).

Felony Murder – No Need for Intent to Cause Death Examples:

1.Drug Sale

Two people meet up to sell and buy drugs. One person agrees to bring the drugs and the other person agrees to bring cash to buy the drugs. The person bringing the drugs, however, does not intend to hand over the drugs. Instead, he plans to rob the person bringing cash when they meet. He brings a gun that he uses to threaten the other man with to rob him. But the robbery goes wrong and he ends up shooting and killing the other man. The shooter can be charged with felony murder.

If the shooter had intended to rob and kill the other man, then the prosecution could decide to charge him with both Felony Murder and Premeditated Murder.

2. Unlawful flight

A person is riding a motorcycle when a marked police car tries to pull the motorcyclist over for speeding. The police car turns on its emergency lights and siren and gets behind the motorcyclist. But the motorcyclist does not pull over and thinks that she can outrun the police car and avoid getting a ticket. So, the motorcyclist picks up speed and tries to flee from the police car. As the motorcyclist does this, she runs a stop sign. Another car swerves to avoid hitting the motorcycle in the intersection but accidentally hits a pedestrian as a result. The pedestrian dies from being hit by the car. The motorcyclist faces a charge of Felony Murder.

Felony Murder – No Need to be the Direct Cause of Death

Also, you do not even have to be the person who directly caused the death to be charged with Felony Murder. You are held responsible for any deaths that occur in the course of and in the furtherance of the other felony crime (or while immediately fleeing from the other felony crime).

Felony Murder – No Need to be the Direct Cause of Death Example:

Three men decide to rob a bank. Immediately after robbing the bank, they jump into their car and flee from the scene. Police chase after them and the robbers start shooting at the police car. The police fire back and an officer shoots and kills one of the bank robbers. The other two bank robbers can be charged with Felony Murder for the death of the third bank robber.

3. Murder of a Law Enforcement Officer

First-degree murder of a law enforcement officer is defined as intentionally killing a police officer who is doing their job. The prosecution must prove that:

1. You engaged in conduct intending or knowing that the conduct would cause the death of a person, who you know is a law enforcement officer; and
2. The law enforcement officer was in the line of duty.

The elements in this crime are pretty straightforward. Of significance is that the prosecution does not have to prove premeditation. So, for example, if a person shoots and kills an officer during a routine traffic stop, then that person faces a charge of first degree murder of a law enforcement officer. The prosecution does not have to prove that the shooter thought about the decision to kill the officer before killing the officer.

Attempted First Degree Murder

In Arizona, attempted first-degree Murder is when a person, with the intent to actually commit the murder, takes a step to commit the murder, but ultimately fails to commit the murder.

• A wife who hires a hitman to murder her husband. The hitman gets cold feet and calls the police. Even though the husband was never even physically harmed, the wife faces a charge of Attempted first degree murder.

Attempt drops the felony category from a Class 1 Felony to a Class 2 Felony.