Understanding How Homicide Charges Are Determined in Arizona

When a homicide investigation begins, your life can change in an instant. The stakes are high, the process is daunting, and the consequences are severe. At Grand Canyon Law Group, we understand the challenges you’re facing because we’ve been on both sides of the courtroom. As former prosecutors, we know exactly how the state builds its case—and how to dismantle it.

Here’s what you need to know about homicide charges in Arizona and how we can help protect your rights, your future, and your freedom.

The Critical First Hours: Police Investigation

The first hours after a homicide are pivotal. Law enforcement immediately begins gathering evidence, shaping the narrative, and determining potential charges. Their investigation focuses on:

• Forensic Evidence: Weapons, DNA, and other physical evidence from the scene.
• Witness Statements: Testimonies from bystanders, friends, or family members.
• Surveillance Footage: Videos that capture the events before, during, or after the incident.
• Mental State Assessments: Early determinations about whether the accused acted with premeditation, recklessness, or negligence.

Having served as prosecutors, we know how law enforcement operates during this phase. These early decisions can shape your entire case, which is why immediate legal representation is critical.

Understanding the Types of Homicide Charges in Arizona

Arizona law categorizes homicide into four distinct charges, each carrying vastly different penalties. The charge you face will depend on the evidence collected, the circumstances of the death, and most importantly, your mental state during the incident.

1. First-Degree Murder

• Statute: ARS § 13-1105
• Definition: Intentional killing with premeditation or a death occurring during the commission of certain felonies (felony murder).
• Penalties: Life imprisonment or the death penalty.
• Key Point: This is Arizona’s most severe homicide charge and requires the prosecution to prove premeditation or that the death occurred during a felony like burglary or armed robbery.

2. Second-Degree Murder

• Statute: ARS § 13-1104
• Definition: Intentional killing without premeditation or death caused by extreme recklessness.
• Penalties: Decades in prison, depending on the circumstances.
• Key Point: This charge often arises when the prosecution cannot prove premeditation but believes the act was intentional or extremely reckless.

3. Manslaughter

• Statute: ARS § 13-1103
• Definition: Reckless actions causing death or “heat of passion” killings.
• Penalties: Up to 21 years in prison for a Class 2 felony.
• Key Point: Manslaughter charges frequently involve vehicular homicides or emotionally charged incidents where intent is absent.

4. Negligent Homicide

• Statute: ARS § 13-1102
• Definition: Death caused by criminal negligence—failing to perceive a substantial and unjustifiable risk.
• Penalties: Up to 3 years in prison for a Class 4 felony.
• Key Point: While less severe than other homicide charges, negligent homicide still carries significant legal and personal consequences.

Who Decides the Charges?

Homicide charges pass through multiple layers before reaching court:

1. Police Investigation: Law enforcement gathers evidence and makes recommendations.
2. Prosecutor’s Review: The prosecutor evaluates the evidence and decides what charges to pursue.
3. Grand Jury Decision: A grand jury determines whether there is probable cause to formally charge the accused.
4. Trial Jury: If the case goes to trial, a jury ultimately decides whether the accused is guilty and of which specific charge.

This layered process underscores the importance of having a skilled defense attorney who can challenge evidence and advocate for reduced charges—or no charges at all.

How Grand Canyon Law Group Can Help

At Grand Canyon Law Group, our experience as former prosecutors and exclusive focus on criminal defense give us a distinct advantage in homicide cases. We understand how the state builds its case and know how to challenge every aspect of their strategy.

Why Choose Us?

• Insider Knowledge: We’ve worked on both sides of the courtroom, giving us unparalleled insight into how homicide cases are handled.
• Aggressive Defense: We leave no stone unturned in building your defense, from challenging evidence to questioning witness credibility.
• Compassionate Support: Homicide charges impact more than just the accused—they affect families and communities. We provide understanding and guidance every step of the way.
• Proven Results: From acquittals to reduced charges, we’ve successfully defended clients across Maricopa County (Phoenix, Mesa, Chandler) and Pinal County (Casa Grande, Florence, Apache Junction).

Our Core Values

• Honesty: Clear, straightforward communication about your case and options.
• Compassion: Empathy for what you’re going through, paired with unwavering support.
• Results: A relentless pursuit of the best possible outcome for your case.

Why Act Quickly?

The state begins building its case against you immediately. Evidence is collected, witnesses are interviewed, and narratives are shaped—often without your side being heard. The sooner you involve an attorney, the sooner you can protect your rights and begin building your defense.

Contact Us Today

If you or a loved one is facing homicide charges in Arizona, don’t face the system alone. Call Grand Canyon Law Group at (480) 573-6441 for a confidential consultation. Let us put our unique experience and core values to work protecting your rights and your future.