Arizona has a felony murder rule, which states that the killing of a person occurring in the course of, or in the immediate flight from, the commission of the following crimes will be considered first-degree murder:
- Sexual assault
- Sexual conduct with a minor
- Molestation of a child
- Child Abuse
- Marijuana offenses
- Dangerous drug offenses
- Narcotics offenses
- The use of minors in drug offenses
- Drive by shooting
- Unlawful flight from a pursuing law enforcement vehicle
This means that if a person is involved in committing one of the above offenses and another person involved is killed, the surviving offender could be charged with first-degree murder even if they did not physically harm the deceased offender.
Example of the Arizona Felony Murder Rule
A drug deal in Phoenix, AZ turned deadly in June 2012 when a man and his partner were shot at during a marijuana trade. The man’s partner was shot and killed and he now faces murder charges, even though he did not fire the weapon.
Anyone who is charged with first-degree murder in Arizona will generally face life imprisonment or the death penalty, if there are aggravating factors involved in the offense.
Challenging the Felony Murder Rule
If you are facing murder charges in relation to a felony offense in Arizona, the JacksonWhite criminal defense team can work to have your murder charge challenged in court.
Schedule a FREE and private consultation with experienced JacksonWhite criminal defense attorney, Jeremy Geigle by calling 480-818-9943. You can discuss the details of your case with us, and we will work to figure out the best strategy to minimize your penalties.
Call today for your free consultation.