Arizona Revised Statutes

Ariz. Rev. Stat. § 13-710 (2026)

Sentence for second degree murder

✓ current as of May 2026

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

13-710. Sentence for second degree murder

A. Except as provided in section 13-705 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 shall be sentenced as follows:

Minimum Presumptive Maximum

10 calendar years 16 calendar years 25 calendar years

B. Except as provided in section 13-704 or section 13-706, subsection A, a person who is convicted of second degree murder as defined by section 13-1104 and who has previously been convicted of second degree murder or a class 2 or 3 felony involving a dangerous offense shall be sentenced as follows:

Minimum Presumptive Maximum

15 calendar years 20 calendar years 29 calendar years

C. The presumptive term imposed pursuant to subsections A and B of this section may be mitigated or aggravated pursuant to section 13-701, subsections D and E.

Notes of Decisions

Cited in 38 cases (7 in the last 5 years), 1986–2026 · leading case: State v. Rodriguez, 735 P.2d 792 (Ariz. 1987).

Sort: Relevance Newest Treatment

State v. Rodriguez, 735 P.2d 792 (Ariz. 1987). · cites it 28× “A.R.S. § 13-710 (Supp.1985). The plea agreement stipulated that defendant would serve a sentence of “fifteen calendar years.”

State v. Berger, 134 P.3d 378 (Ariz. 2006). · cites it 4× “Second degree murder, for example, like possession of child pornography, also carries a minimum sentence *392 of ten years, see A.R.S. § 13-710(A) (2001), but a term imposed for a murder may be served concurrently with sentences imposed for other crimes.”

State v. Kuck, 129 P.3d 954 (Ariz. Ct. App. 2006). · cites it 12× “Sentences for second degree murder are primarily addressed in A.R.S. § 13-710 (2001). A person convicted of second degree murder with no prior convictions shall be sentenced to the presumptive term of sixteen years.”

State v. Jonas, 792 P.2d 705 (Ariz. 1990). · cites it 4× “A.R.S. § 13-710. Only upon his commission of another second degree murder would defendant be subject to the same sentencing range (fifteen to twenty-five years) as he is today for the sale of one marijuana cigarette.”

State v. Ramirez, 945 P.2d 376 (Ariz. Ct. App. 1998). · cites it 4× “See A.R.S. § 13-710 (1989). This significant difference in penalty ranges strongly suggests that the legislature intended there to be an equally significant difference between first and second degree murder; something with more relevance to criminal responsibility than an…”

State v. Webb, 793 P.2d 105 (Ariz. Ct. App. 1990). · cites it 4× “In this case, the sentence is within the sentencing limits provided by A.R.S. §§ 13-710 and -702. In addition, the court stated the aggravating factors upon which it relied and fully considered all of the stated factors.”

State v. Ward, 26 P.3d 1158 (Ariz. Ct. App. 2001). · cites it 2× “01, 13-701, subsection C, § 13-710 or § 13-1406 if the defendant had not been found insane, and the judge shall commit the defendant pursuant to § 13-3994 for that term.”

State v. Hurley, 4 P.3d 455 (Ariz. Ct. App. 2000). · cites it 2× “See A.R.S. § 13-710(A) (Supp.1998) (sentencing scheme for second degree murder)' 2 .”

State v. Jenkins, 970 P.2d 947 (Ariz. Ct. App. 1998). · cites it 2× “We also reject this argument and hold that defendant is subject to community supervision upon completion of his flat-time sentence.”

State v. Griffin, 744 P.2d 10 (Ariz. 1987). · cites it 8× “A.R.S. § 13-710. The Court of Appeals held that any part of defendant’s sentence for attempted second degree murder which exceeds the maximum 20 years for second degree murder is unconstitutional, and remanded for resentencing to a term less than 20 years.”

State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994). · cites it 2× “See A.R.S. § 13-710(A) (Supp.1993). A penal statute of this severity cannot be interpreted to encompass every kind of harm to children.”

State v. Woodall, 744 P.2d 732 (Ariz. Ct. App. 1987). · cites it 2× “Defendant was properly sentenced in accordance with A.R.S. § 13-710. It was not improper for the trial court to submit the issue of “dangerousness” to the jury for disposition.”

Show all 38 citing cases →

— Ariz. Rev. Stat. § 13-710(A) — 14 cases

State v. Berger, 134 P.3d 378 (Ariz. 2006). “Second degree murder, for example, like possession of child pornography, also carries a minimum sentence *392 of ten years, see A.R.S. § 13-710(A) (2001), but a term imposed for a murder may be served concurrently with sentences imposed for other crimes.”

State v. Kuck, 129 P.3d 954 (Ariz. Ct. App. 2006). “Sentences for second degree murder are primarily addressed in A.R.S. § 13-710 (2001). A person convicted of second degree murder with no prior convictions shall be sentenced to the presumptive term of sixteen years.”

State v. Hurley, 4 P.3d 455 (Ariz. Ct. App. 2000). “See A.R.S. § 13-710(A) (Supp.1998) (sentencing scheme for second degree murder)' 2 .”

State v. Jenkins, 970 P.2d 947 (Ariz. Ct. App. 1998). “We also reject this argument and hold that defendant is subject to community supervision upon completion of his flat-time sentence.”

State v. Gates, 897 P.2d 1345 (Ariz. Ct. App. 1994). “See A.R.S. § 13-710(A) (Supp.1993). A penal statute of this severity cannot be interpreted to encompass every kind of harm to children.”

— Ariz. Rev. Stat. § 13-710(B) — 3 cases

State v. Jarrett (Ariz. Ct. App. 2014).

State v. Kuck, 110 P.3d 1022 (Ariz. Ct. App. 2005).

— Ariz. Rev. Stat. § 13-710(B)(2024) — 1 case

State v. Palmares (Ariz. Ct. App. 2024).

— Ariz. Rev. Stat. § 13-710(D)(6) — 1 case

State v. Hernandez, 476 P.3d 709 (Ariz. Ct. App. 2020).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.