In Arizona, there are preparatory crimes that can be charged to those who, while not necessarily having physically committed a crime, have facilitated crimes attempted or committed by other people.
One of these is facilitation. A.R.S. 13-1004 states that facilitation occurs when a person knowingly acts in a way that provides another person with the means or opportunity to commit a crime.
They key to the definition of facilitation is “knowingly” – the facilitator must purposely act in a way that benefits someone attempting or intending to commit a crime.
Examples of Facilitation in Arizona
If someone you know commits a crime, and asks you to help them out in any way, this can be considered facilitation. Typically, facilitation is an at-the-moment concept that doesn’t have premeditation or planning, though this may also be a factor.
Examples of facilitation include:
- Hiding people or things related to a crime
- Offering help or resources to someone who committed a crime
- Loaning a car, weapon or other object to someone for criminal purposes
Of course, these may also occur without the facilitator’s knowledge of a crime. In this case, you may be able to avoid facilitation charges by claiming a lack of knowledge of the offender’s activities or intentions.
Facilitation Penalties in Arizona
According to the statutes, facilitation can be a felony or misdemeanor charge. The severity of the facilitation charge depends on the severity of the crime attempted by the other person.
If the criminal offense is a class 1 felony, the charge of facilitation can be a class 5 felony.
If the criminal offense is a class 2 or class 3 felony, the charge of facilitation can be a class 6 felony.
If the criminal offense is a class 4 or class 5 felony, the charge of facilitation can be a class 1 misdemeanor.
If the criminal offense is a class 6 felony or misdemeanor, the charge of facilitation can be a misdemeanor.
Reducing Your Facilitation Charges
Fortunately, there are several strong defenses against facilitation charges, and also working in the favor of defendants is the fact that facilitation has lesser penalties than conspiracy, which is a charge is closely resembles, but which requires more planning.
At JacksonWhite Law, we’ve helped clients around the Phoenix metro area, and state, deal with facilitation and other preparatory crime charges. With our experience and assertive representation, we can work to reduce your charges and penalties when it matters most.
The defense team at JacksonWhite is led by Jeremy Geigle, who’s helped hundreds of Phoenix families deal successfully with the emotional and legal stresses of their cases. When you need affordable, superior legal help, contact JacksonWhite Law today.
Call the JacksonWhite Criminal Law team at (480) 745-1639 to discuss your case today.
