Arizona Class 1 Felony Defense
A Class 1 felony is the most serious crime in Arizona, reserved for first- and second-degree murder. It is the only class with no probation and exposure to life in prison or the death penalty. If you or a loved one is under investigation, do not say anything to police, call us immediately.
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What Is a Class 1 Felony in Arizona?
Quick answer: A Class 1 felony is the most serious felony class in Arizona, reserved exclusively for first-degree murder (A.R.S. 13-1105) and second-degree murder (A.R.S. 13-1104). There is no probation. First-degree murder is punishable by the death penalty, natural life, or life with a chance of release after 25 years (35 years if the victim was under 15). Second-degree murder carries 10 to 25 years in prison, with a presumptive term of 16 years. Because the stakes are the highest in the law, most homicide defense focuses on reducing a Class 1 charge to a lesser homicide or proving justification.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending class 1 felony and other homicide cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a Class 1 Felony in Arizona?
- What Is a Class 1 Felony in Arizona?
- First-Degree Murder Sentencing
- Second-Degree Murder Sentencing
- Felony Murder in Arizona
- Reducing a Class 1 Felony to a Lesser Homicide
- Defenses to a Class 1 Felony Charge
- Class 1 Felony Sentencing
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with class 1 felony in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. §§ 13-1104, 13-1105, 13-710, 13-751, the penalties, and the defenses that matter most.
What Is a Class 1 Felony in Arizona?
Arizona grades felonies from Class 1 (most serious) to Class 6 (least). Class 1 is unique, it applies to only two crimes: first-degree murder and second-degree murder. Unlike every other class, a Class 1 felony carries no possibility of probation and exposes a defendant to life in prison or, for first-degree murder, the death penalty. Every other homicide, such as manslaughter or negligent homicide, is a lower felony class.
First-Degree Murder Sentencing
First-degree murder (A.R.S. § 13-1105) is premeditated killing, or killing during certain felonies (felony murder). It is a capital offense. The sentence is the death penalty, natural life (no release ever), or life with the possibility of release after 25 calendar years (35 years if the victim was under 15), under A.R.S. §§ 13-751 and 13-752. Death-penalty cases involve a separate aggravation and penalty phase, where the defense team and mitigation specialists are critical.
Second-Degree Murder Sentencing
Second-degree murder (A.R.S. § 13-1104) is an intentional or knowing killing without premeditation, or a killing under circumstances showing extreme indifference to human life. Under A.R.S. § 13-710 it carries 10 years (minimum), 16 years (presumptive), and 25 years (maximum), served at 85% before any release credit. Prior convictions raise the range, for example, a single prior pushes it to roughly 15.75 to 29 years.
Felony Murder in Arizona
Under Arizona’s felony-murder rule, if a death occurs during the commission of certain serious felonies (such as armed robbery, burglary, kidnapping, or drug offenses), every participant can be charged with first-degree murder, even without any intent to kill. Defending a felony-murder case often means attacking participation in the underlying felony itself.
Reducing a Class 1 Felony to a Lesser Homicide
Because the stakes are so high, the central goal in most homicide cases is to reduce a Class 1 charge. Defeating premeditation can drop first-degree to second-degree murder. Showing heat of passion or provocation can reduce murder to manslaughter (a Class 2 felony). Proving the killing was merely reckless or negligent can reduce it to negligent homicide. And a valid justification (self-defense) defense can result in acquittal.
Defenses to a Class 1 Felony Charge
Murder cases are won on the details: forensic and medical evidence, the timeline, eyewitness reliability, the cause and manner of death, and the defendant’s actual mental state. We work with pathologists, forensic experts, and investigators to challenge the State’s narrative, suppress unlawfully obtained evidence and statements, and build justification or mitigation, often the difference between life, a term of years, or freedom.
Class 1 Felony Sentencing
A Class 1 felony is murder, and the only felony class with no probation and exposure to life or death. The chart below shows the murder offenses and their ranges.
| Offense | Statute | Sentence Range | Release |
|---|---|---|---|
| First-degree murder | 13-1105 | Death, natural life, or life | Release possible after 25 yrs (35 if victim under 15) |
| Felony murder | 13-1105(A)(2) | Death, natural life, or life | Same as first-degree murder |
| Second-degree murder | 13-1104 / 13-710 | 10 to 25 years (presumptive 16) | Served at 85% |
| Second-degree, one prior | 13-710 | About 15.75 to 29 years | Served at 85% |
Class 1 is the only felony class with no probation and with life and death-penalty exposure. Reducing a Class 1 charge to a lesser homicide is the central goal of the defense.
What the State Must Prove for Class 1 Felony
To convict you of Class 1 Felony under A.R.S. §§ 13-1104, 13-1105, 13-710, 13-751, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A death caused by the defendant. The State must prove, beyond a reasonable doubt, that the defendant caused the victim’s death.
- 2The required mental state. Premeditation for first-degree murder; an intentional or knowing killing (or extreme indifference) for second-degree murder.
- 3For felony murder, the underlying felony. That a death occurred during the commission of a qualifying felony, and that the defendant participated in that felony.
- 4The absence of justification. Where self-defense is raised, the State must disprove it beyond a reasonable doubt.
Examples of Conduct Charged as Class 1 Felony
- First-degree (premeditated) murder (A.R.S. 13-1105)
- Felony murder, a death during a qualifying felony (A.R.S. 13-1105(A)(2))
- Second-degree murder (A.R.S. 13-1104)
- Killing with extreme indifference to human life (A.R.S. 13-1104(A)(3))
What Sentence Could You Actually Face?
A Class 1 felony is murder. There is no probation. First-degree murder is a capital offense; second-degree murder carries 10 to 25 years.
1st-Degree Murder
A.R.S. 13-1105
2nd-Degree Murder
A.R.S. 13-1104 / 13-710
The Defense Goal
Reduce the Charge
⚠ The Most Serious Charge in Arizona Law
A Class 1 felony carries life in prison or the death penalty and no probation. Everything turns on the State’s proof of premeditation, intent, and causation. Reducing the charge to a lesser homicide, or proving justification, is the entire focus of the defense, and it must start immediately.
How We Fight Arizona Class 1 Felony Cases
Every case has weak points. These are the defenses we look at first.
Fighting the Charge
No Premeditation. Defeating premeditation reduces first-degree murder to second-degree, removing death-penalty and natural-life exposure.
Justification / Self-Defense. A valid self-defense or defense-of-others claim can result in acquittal; the State must disprove it beyond a reasonable doubt.
Causation Disputes. Medical and forensic evidence on the true cause and manner of death can break the State’s case.
Identity and Alibi. Flawed eyewitness identification, faulty forensics, and alibi evidence create reasonable doubt.
Suppression. Unlawfully obtained statements, searches, and evidence can be excluded.
Reducing the Charge and Mitigation
Heat of Passion / Provocation. Adequate provocation can reduce murder to manslaughter, a Class 2 felony.
Reckless or Negligent Conduct. Showing the death was reckless or negligent, not intentional, can reduce it to negligent homicide.
Felony-Murder Participation. Disputing participation in the underlying felony attacks a felony-murder charge at its root.
Penalty-Phase Mitigation. In capital cases, a dedicated mitigation investigation is critical to avoid a death sentence.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Class 1 Felony Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles class 1 felony cases across Arizona.
Second-Degree Murder
Reduced to Manslaughter
Provocation and heat-of-passion evidence reduced a second-degree murder to manslaughter.
First-Degree Murder
Premeditation Defeated
We dismantled the State’s premeditation theory, reducing the charge to second-degree murder.
Felony Murder
Charge Reduced
Disputing participation in the underlying felony cut the felony-murder exposure.
Second-Degree Murder, Self-Defense
Acquittal at Trial
A justification (self-defense) defense produced a not-guilty verdict at trial.
Homicide, Identity
Charges Dismissed
Alibi evidence and a flawed identification led the State to dismiss.
Second-Degree Murder, Mitigation
Minimum Sentence
Extensive mitigation secured the statutory minimum rather than the presumptive or aggravated term.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for a Phoenix murder lawyer, the best homicide attorney in Arizona, what is a class 1 felony, the first-degree murder sentence in Arizona, a Phoenix criminal defense attorney, and a Scottsdale criminal lawyer. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend class 1 felony and other homicide cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona criminal defense practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Class 1 Felony FAQs
Quick answers to the questions we hear most about class 1 felony charges, penalties, and defenses in Arizona.
What is a Class 1 felony in Arizona?
A Class 1 felony is the most serious crime in Arizona and applies only to first-degree and second-degree murder. It is the only felony class with no probation and with life or death-penalty exposure.
What is the sentence for a Class 1 felony?
First-degree murder is punishable by death, natural life, or life with possible release after 25 years (35 if the victim was under 15). Second-degree murder carries 10 to 25 years, presumptive 16.
Is there probation for a Class 1 felony?
No. A Class 1 felony carries no probation. A conviction means a prison sentence, up to life, or the death penalty for first-degree murder.
What is the difference between first- and second-degree murder?
First-degree murder requires premeditation (or a death during a qualifying felony). Second-degree murder is an intentional or knowing killing without premeditation, or one showing extreme indifference to life.
What is felony murder in Arizona?
Under the felony-murder rule, a death during certain serious felonies (like armed robbery or burglary) can be charged as first-degree murder against every participant, even without intent to kill.
Can a murder charge be reduced?
Yes. Defeating premeditation can reduce first-degree to second-degree murder; provocation can reduce murder to manslaughter; reckless or negligent conduct can reduce it to negligent homicide.
Does Arizona have the death penalty?
Yes, for first-degree murder with proven aggravating factors. Death-penalty cases have a separate penalty phase where mitigation evidence is critical.
How long is a life sentence in Arizona?
Natural life means no release, ever. A ‘life’ sentence allows a possible release after 25 calendar years (35 if the victim was under 15), but release is never guaranteed.
Should I talk to the police about a homicide?
Absolutely not. Say nothing and ask for a lawyer immediately. Anything you say can be used to prove intent or premeditation. Call us before any contact with investigators.
Will I get a real attorney or a junior associate?
At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, available 24/7.
Key Takeaways
- A Class 1 felony is the most serious crime in Arizona, only first- and second-degree murder qualify.
- There is no probation for a Class 1 felony.
- First-degree murder (A.R.S. 13-1105) carries the death penalty, natural life, or life with possible release after 25 years (35 if the victim was under 15).
- Second-degree murder (A.R.S. 13-1104) carries 10 to 25 years, presumptive 16, served at 85%.
- Arizona’s felony-murder rule can make a death during certain felonies first-degree murder, even without intent to kill.
- The defense goal is often to reduce the charge to manslaughter or negligent homicide, or to prove self-defense.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.