State of Arizona v. Joseph Clark

Tucson, Arizona, criminal defense lawyer represents the Defendant charged with second degree murder.

Joseph Clark beat his wife Noelle Clark, hit her with a belt, and stabbed her in the chest in a child’s bedroom. He then dragged her through the home to the garage, where he ran over her body with the car. She had tire marks on her arms.

To convict someone of second-degree murder, the state must prove one of the following:

• Intentional or knowing killing: The person intentionally or knowingly causes the death of another person (or an unborn child at any stage of development) without premeditation.

• Knowing serious physical injury: The person knows that their actions will cause serious physical injury, and those actions result in death.

• Extreme indifference (Recklessness): Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and causes the death of another person.

Penalties

• Classification: It is classified as a Class 1 felony.

• Prison Sentences:

• A first-time violent felony offender faces a range of 10 to 25 years in prison, with a presumptive term of 16 calendar years.

• If the defendant has prior convictions or under specific aggravating circumstances (such as crimes against children), the presumptive and maximum sentences increase.

• No Early Release: Arizona treats second-degree murder sentences as calendar years (day-for-day prison time), meaning the defendant is not eligible for parole, early release, or good-behavior credits before completing the sentence.

• Arizona Legislature (.gov)
13-1104 - Second degree murder; classification
Definition: Second degree murder (Ariz. Rev. Stat. § 13-1104) is un-premeditated homicide committed by intentionally causing death...

A criminal charge is not proof of guilt.