Preston Lord case: How are 1st- and 2nd-degree murder charges different?

The Maricopa County Attorney's Office announced indictments Wednesday in the killing of Preston Lord, and seven people have been arrested.

Treston Billey, 18; William "Owen" Hines, 18; Jacob Meisner, 17; Talan Renner, 17; Taylor Sherman, 19; Dominic Turner, 20; and Talyn Vigil, 17, face first- and second-degree murder charges, as well as kidnapping charges.

Why are they being charged with both first- and second-degree murder?

Maricopa County Attorney Rachel Mitchell said at a news conference Wednesday that the first-degree murder charges were tied to the kidnapping charges through Arizona's "felony murder" law.

What is felony murder?

Mitchell also said that her team spent several weeks with an investigative grand jury before they could file indictments.

What does that mean?

Here are answers to common questions related to the Lord homicide prosecutions.

What is the difference between 1st- and 2nd-degree murder?

First- and second-degree murder are the only class one felonies in Arizona and carry steep sentences.

In most cases, the difference between the two types of murder is premeditation — whether a defendant knew what they were doing and had a chance to reflect on what they were doing.

Under Arizona law, premeditation means the defendant acted "with either the intention or the knowledge" that they would kill another person and that intention or knowledge preceded the killing "by any length of time to permit reflection." The law does not require proof of actual reflection. The defendant's conduct was not premeditated under Arizona law if it was "the instant effect of a sudden quarrel or heat of passion."

A jury can convict someone of first-degree murder if they find beyond a reasonable doubt that the defendant, intending or knowing that their conduct would cause death, actually caused a death, and they acted with premeditation. Essentially, did the defendant know their actions would kill the victim, did they kill them, and was there time for the defendant to reflect on their actions?

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But there are also two other types of first-degree murder defined in Arizona's statutes beyond premeditated killing:

• A death that occurs during or immediately after the commission of some felonies — like kidnapping, robbery, arson or child abuse — can be charged as first-degree murder under the concept of "felony murder." This is the type of first-degree murder that is being used in the Lord prosecutions, and it is described in more detail below.

• The death of a law enforcement officer in the line of duty can also be charged as first-degree murder if the person who caused the death intended or knew that their actions would cause the death.

For a jury to convict someone of second-degree murder, it needs to find one of three things beyond a reasonable doubt:

• The defendant intentionally caused the death of another person;

• Knowing that the defendant's conduct would cause death or serious physical injury, the person caused the death of another person; or

• Under circumstances manifesting extreme indifference to human life, the person recklessly engaged in conduct that created a grave risk of death and thereby caused the death of another person.

In the Lord homicide case, all of the people charged so far could be convicted of both first- and second-degree murder.

But when prosecutors charge both first- and second-degree murder, they leave room for a jury to find the defendant guilty of only second-degree murder if the prosecution, in the jury's view, could not prove first-degree murder.

In first-degree murder cases where second-degree murder is not offered as an alternative, a jury would find a defendant either guilty or not guilty based on the requirements for that charge.

First-degree murder comes with a minimum life sentence and the possibility of the death penalty for any adult. Juveniles cannot face the death penalty in Arizona.

A second-degree murder sentence typically ranges from a minimum of 15 years to a maximum of 29 years.

What constitutes 'felony murder' in Arizona?

All defendants charged so far in connection with the death of Lord have been charged with kidnapping.

Arizona law defines kidnapping as "knowingly restraining another person" with the intent to hold them for ransom; use them as a shield or hostage; hold them for involuntary servitude; inflict death, physical injury or a sex offense on them; hold them in aid of the commission of a felony; interfere with government work; take control of a plane, train, ship or automobile; or make them or someone else believe they or someone else was "in reasonable apprehension of imminent physical injury."

In Arizona, if a victim dies while kidnapped, all of the people involved in committing the kidnapping can be charged with first-degree murder. This rule is known as "felony murder."

The felony murder law also covers other crimes, including sexual conduct with a minor, sexual assault, child molestation, terrorism, marijuana offenses, dangerous drug offenses, narcotics offenses, the involvement of minors in drug offenses, drive-by shootings, burglary, arson, robbery, escape, child abuse and unlawful flight from law enforcement.

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What is an investigative grand jury?

The charges connecting to the Lord homicide case came out of an investigative grand jury.

A typical grand jury initiates a criminal case by deciding whether prosecutors have enough evidence to accuse someone of a charge. Regular grand juries often make this decision in a day, although the duration depends on the case's complexity and how much evidence needs to be presented.

An investigative grand jury can last weeks because as prosecutors present their evidence and witnesses, the jury is expected to probe for more information and subpoena more witnesses.

Investigative grand juries are used in more complex cases, with many moving parts requiring extensive investigation. These often include cases involving organized crime.

Republic reporters Robert Anglen and Elena Santa Cruz contributed.

Reach the reporter at miguel.torres@arizonarepublic.com.

This article originally appeared on Arizona Republic: Preston Lord case: Difference between 1st-, 2nd-degree murder charges