First Degree Murder Defense
Arkansas Criminal Code
A person commits first-degree murder in any of three primary ways. Below is a breakdown of how the offense is charged, what it carries, and how it differs from capital murder.
Felony Murder
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While committing or attempting to commit a felony, or while fleeing from it, the person or an accomplice causes the death of another person under circumstances showing extreme indifference to human life.
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Unlike capital murder, this can apply to deaths resulting from virtually any felony that does not fall within the capital-murder statute.
Y felony. Punishable 10 - 40 years in prison or life in prison.
Purposeful Killing
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The person acts with the purpose of causing another person's death and successfully causes that death.
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An intentional killing, but lacking the additional aggravating circumstances that would elevate the offense to capital murder.
Killing a Child
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The person knowingly causes the death of a child who is fourteen years old or younger.
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Knowing causation of death is sufficient — premeditation is not required.
In Plain Language
A person can be convicted of first-degree murder in Arkansas if they:
Intentionally kill someone;
Cause a death while committing a felony under extremely dangerous circumstances; or
Capital Murder vs. First-Degree Murder
The key distinction is that capital murder requires additional aggravating circumstances — such as premeditation and deliberation, murder-for-hire, killing certain public officials, or deaths occurring during specifically enumerated felonies — while first-degree murder generally covers intentional killings that do not meet those heightened requirements.
Knowingly kill a child age 14 or younger.
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