Criminal felony offenders are classified into two different categories, first-time offenders and repeat offenders. Naturally, a repeat offender will face a more severe punishment than a first-time offender even if they commit the same crime. Arizona’s criminal code lays out certain guidelines for sentencing felony offenders. There are specific guidelines for first-time offenders and repeat offenders.
Sentencing Guidelines for First-Time Felony Offenders:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
As you can see above, the sentencing guidelines are divided up based on the type of felony committed. In addition to that, there are a number of different sentencing options for each felony offense. If you look at the second column heading, you’ll notice the mitigated sentence that someone can receive if they meet certain requirements. Next to that is the minimum sentence, which is the lowest sentence an offender can receive if they don’t qualify for a mitigated sentence.
Next to the minimum sentence, you’ll see the presumptive sentence. This is the sentence an offender is mostly likely going to face. Moving along, we can see the maximum sentence column. This is the highest sentence a first-time offender can face, unless during the commission of the crime he or she committed an act that would increase their offense to an aggravated crime. Arizona law also lists requirements an offender must meet in order to receive an aggravated sentence, which is the last column on the right.
Now we’ll look at the circumstances in which an offender can receive a mitigated sentence. The court will consider the following when deciding whether to impose a mitigated sentence:
- The defendant’s age
- The defendant’s capacity to appreciate the wrongfulness of their crime
- If the defendant was under substantial duress
- The defendant’s participation in the crime was minor
- Any other factor that is relevant to the defendant’s character or background
If the judge feels that you meet one or more of the items in this list, they may choose to give you a mitigated sentence. The same applies when it comes time for the judge to decide whether to impose an aggravated sentence. In order to receive an aggravated sentence, the offender must do one of the following:
- Threaten or cause serious physical injury, except if this circumstance is an essential part of the offense
- Threaten, use, or possess a deadly weapon, except if this circumstance is an essential part of the offense
- If the offense involves the taking of or damage of property
- If an accomplice was present
- Especially heinous, cruel, or depraved manner in which the offense is committed
- The defendant committed the crime for payment of something of value
- The defendant offered to or paid someone to commit the offense
- If the defendant was a public servant at the time of the offense and the crime was directly related to the defendant’s employment
- If the victim died as a result of the conduct of the defendant
- If the death of an unborn child occurred
- If the defendant has a prior felony conviction within the last 10 years
- The defendant was wearing body armor
- The victim was at least 65-years-old or is a disabled person
- The defendant committed the crime out of malice towards the victim
- Ambushing the victim during the commission of the felony
- The offense was committed in the presence of a child
- The offense was committed in retaliation
- The defendant was impersonating a police officer
- The defendant used a remote stun gun during the offense
As you can see, there are a number of different ways a person can receive an aggravated sentence. Before a defendant receives a mitigated or aggravated sentence, the court is required to consider the evidence and opinions of the victim and the victim’s family.
Finally, we’ll look at the sentencing guidelines for a repeat felony offender. A person who has just been convicted of their second felony offense will face one of the following sentences depending on the crime that is committed:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
If an offender is convicted of his or her third felony offense, he or she will face one of the following sentences:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 4.5 years 6 years 9.25 years 18.5 years 23 years
Class 3 3.3 years 4.5 years 6.5 years 13 years 16.25 years
Class 4 2.25 years 3 years 4.5 years 6 years 7.5 years
Class 5 1 year 1.5 years 2.25 years 3 years 3.75 years
Class 6 .75 years 1 year 1.75 years 2.25 years 2.75 years
Lastly, if an offender is convicted of four or more felony offenses, he or she will face the following sentence:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 10.5 years 14 years 15.75 years 28 years 35 years
Class 3 7.5 years 10 years 11.25 years 20 years 25 years
Class 4 6 years 8 years 10 years 12 years 15 years
Class 5 3 years 4 years 5 years 6 years 7.5 years
Class 6 2.25 years 3 years 3.75 years 4.5 years 5.75 years
As you can see, the differences in sentencing are significant between a first-time felony offender and a repeat offender. An experienced criminal defense attorney can work to get you a reduced sentence.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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