First Degree Felony in Arizona

Arizona law classifies crimes into three broad categories: felonies, misdemeanors, and infractions. However, first-degree felonies, also called Class 1 felonies, are some of the most serious crimes chargeable under the state's laws. Some examples of the types of crimes classified as Class 1 felonies in Arizona are first-degree murder and second-degree murder. In Arizona, Class 1 felonies carry the most severe penalties, which may include life imprisonment or the death penalty for first-degree murder (Arizona Revised Statutes § 13-1105)

Public Access to First Degree Felony Records in Arizona

In Arizona, the public has access to conviction records for first-degree felonies unless they are sealed or expunged, as they are generally public records. However, there are some exceptions to public access to these types of records. These exceptions include records for juvenile cases and those sealed by a court order, which are restricted from the public.

Interested persons may access felony court records through the Arizona Judicial Branch's public case lookup system, which provides online search access to dockets. Records may also be obtained from the Clerk of the Superior Court in the county where the case was filed. Some counties provide public terminals or online portals for users to search for criminal cases. Alternatively, records may be obtained in person at the courthouse.

Basic docket information is free, but certified copies or complete records require a fee.

Summary of Public Access to Felony Records in Arizona:

Common Crimes Classified as First Degree Felonies in Arizona

Under state laws, Arizona felonies are classified from Class 1 to Class 6, with Class 6 being the least serious. Such crimes, such as first-degree murder per A.R.S. § 13-1105 and second-degree murder, typically involve intentional violence, serious weapon use, or severe harm (A.R.S. §13-1104).

• First-Degree Murder: This is premeditated killing or death that happens while a person is committing certain felonies. First-degree murder carries the death penalty or life imprisonment.
• Second-Degree Murder: This is different from first-degree murder in that while the killing is regarded as intentional and reckless, it is not classified as premeditated. It still leads to a severe prison sentence of 10 to 25 years imprisonment.

In Arizona, first-degree and second-degree murder are classified together under the Federal Bureau of Investigation (FBI) Crime Data Explorer as Murder and Non-negligent Homicide, and there were 414 reported incidents in 2023.

Prison Sentences and Fines for First Degree Felonies in Arizona

In Arizona, first-degree felonies (Class 1) are the most serious of crimes, and the sentencing and fines vary significantly depending on the specific offenses. First-degree murder may lead to life imprisonment, natural life, with no possibility of parole or the death penalty. For sentences for life, parole eligibility is after 25 years or 35 years for victims who were under 15 at the time of the sentence. Second-degree murder carries a range of 10 to 25 years imprisonment, with a time of around 16 years for first-time offenders.

Unlike other felony offenses, offenses classified as Class 1 felonies do not have monetary fines prescribed by the law, as a prison term is more important than financial penalties for such severe cases. Sentencing is also influenced by points such as premeditation, level of aggravation, and prior convictions, which will determine if the maximum penalty is applied.

Arizona Class 1 Felony Punishments:

What is the Maximum Sentence for a First Degree Felony in Arizona?

In Arizona, the maximum sentence for a first-degree felony, also called a Class 1 felony, is the death penalty. Sentencing possibilities start with 25 to 35 years, life without parole, and top out with the death sentence. Class 1 felony, which includes first and second degree murder in Arizona. Penalties may be influenced by factors such as extreme cruelty, prior convictions, or if the crime was targeted at a vulnerable victim. These factors may cause a judge to hand out the highest possible sentences. Second-degree murder, on the other hand, carries a maximum sentence of up to 25 years in prison.

What is First Degree Murder in Arizona?

First-degree murder occurs when a person intentionally and with premeditation knowingly causes the death of another. It is also a first-degree murder when the death results from actions when an individual commits a felony, such as burglary, robbery, or sexual assault. While many states in the U.S. classify first-degree murder separately from a classification as a first-degree felony, Arizona classifies first-degree murder as an example of a Class 1 felony. Arizona grants offenders of first-degree murder the gravest and most carefully passed punishments available in the state as the highest form of felony.

The manner in which the crime was committed, and the severity, may influence and increase the judgment of an offender. First-degree murder in Arizona has sentencing options which include life imprisonment with parole after 35 years, life without parole, or, in some situations, the death sentence. The potential severity of the sentence highlights how Arizona treats first-degree murder as a capital offense.

Can First Degree Felony Records Be Sealed or Expunged in Arizona?

In Arizona, options for sealing and expungement of felony records are limited, and first-degree felonies such as murder are not eligible. Expungement refers to the process of completely erasing a record as though it never existed, while sealing means the record still exists, but the public may not access it anymore. Until recently, Arizona did not allow either sealing or expungement for adult convictions, but in recent times, limited relief options have been available.

Per A.R.S. § 13-911, some criminal records may be sealed if the charges were dismissed, the case led to a non-conviction, or the involved person was acquitted. Where there is a conviction, Arizona permits the record to be “set aside” per A.R.S. § 13-905. Setting aside does not erase the record but indicates that the sentence was completed and rights were restored. Setting aside does not apply to serious offenses such as sexual assault, murder, or crimes carried out with dangerous weapons.

Ultimately, first-degree felony convictions (the most serious crimes) in Arizona may not be sealed or expunged.

Difference Between First Degree and Second Degree Felonies in Arizona

Generally, felonies in Arizona are grouped into six classes, Class 1 to 6, with Class 1 being the most serious. Under Class 1 felonies in Arizona, first-degree murder and second-degree murder are the only felonies classified. While both first-degree and second-degree murders are categorized together as Class 1 felonies, they are not perceived equally by the law.

First-degree murder involves intentional and premeditated murder or causing death violently during a robbery or burglary. The harshest sentences are reserved for first-degree murder in Arizona, from life imprisonment up to the death penalty, as the state considers it to be a capital offense.

Second-degree murder is intentional killing where it is ruled that there was no premeditation. Sentences are from 10 to 25 years, and the sentence does not include life or the death penalty.

Comparisons of Class 1 Felonies in Arizona:

Statute of Limitations for First Degree Felony Charges in Arizona

The statute of limitations is the maximum time prosecutors have to bring charges against an individual for an alleged crime, after which the state no longer pursues charges. Statutes of limitations are put in place to ensure fairness by limiting prosecution to a period when evidence and testimony are still reliable. Under A.R.S. § 13-107, class 2 to 6 felonies in Arizona have a time limit of 7 years, while some, like first-degree murder and some sexual offenses, have no statute of limitations.

Probation and Parole Eligibility for First Degree Felonies in Arizona

Probation is the court-mandated alternative to prison, which allows an individual to remain in the community under strict supervision and avoid prison time. Parole is a conditional release from jail before an individual completes serving the term. Arizona has abolished the traditional parole for crimes committed before January 1, 1994, and now uses a release after serving a minimum term instead. A parole option for a life sentence may be granted after serving 25 years.

In Arizona, there are limited probation and parole eligibility for first-degree felonies due to the perceived severity of the crimes. For example, probation is not an option for Class 1 felonies such as first-degree murder under A.R.S. § 13-901, but rather a prison sentence is mandated. Parole is also highly restricted or abolished, meaning the prison sentence is inevitable.

Probation and Parole Summary for First Degree Felonies in Arizona:

Impact of a First Degree Felony Conviction on Criminal Records in Arizona

Persons convicted of a first-degree felony in Arizona experience lifelong consequences, as the conviction leaves a permanent mark on their criminal record. As the documents cannot be sealed or expunged, they are permanent and may impact every aspect of life. The conviction is highly visible, and employers, landlords, and licensing boards may view the records of the conviction through court records and background checks. This may create barriers in employment and housing, as some employers and landlords are not willing to grant jobs or rental spaces to persons with these kinds of criminal records. For example, jobs in healthcare, finance, or the government consider these factors before employment.

Also, the rights of convicted felons in Arizona are limited for possessing firearms under both state and federal law. Persons serving prison time may not cast votes in elections in the state. For non-citizens, a first-degree felony conviction may lead to deportation or denial of naturalization. In addition, the restoration of voting rights, which is allowed after the completion of some sentences, is not available for first-degree felonies like murder.