Arizona Sentencing Chart

The Arizona sentencing chart provides a clear overview of the prison terms for various felony classes, including dangerous crimes and repeat offenses. This AZ sentencing chart outlines sentencing ranges based on factors like prior convictions and crime severity. It helps defendants understand potential outcomes before a judge determines the final sentence during a hearing. Explore the Arizona felony sentencing chart to gain insight into Arizona sentencing guidelines.

To interpret the Arizona criminal sentencing charts and assess potential prison time for a conviction, follow these steps:

1. Identify whether the offense is classified as dangerous


2. Check if the charges involve a pattern of repetitive offenses


3. Consider any eligible prior convictions


4. Determine the class of felony being charged, and


5. Cross-reference with the corresponding sentencing range.

The Arizona felony sentencing chart outlines potential prison terms for Class 2 through Class 6 felonies.

The Arizona sentencing chart for non-dangerous offenses outlines the potential prison terms for less severe felonies, helping ensure fair and consistent sentencing under Arizona law.

The Arizona sentencing chart for non-dangerous, repetitive offenses outlines potential prison sentences for those with prior convictions. While these offenses are not violent, a pattern of repeated criminal behavior may lead to stricter penalties according to Arizona law.

A "Category 1" repeat offender is defined as an individual with one non-historical prior conviction or two offenses charged in the same complaint but occurring on separate dates.

Example:

John has been charged with two separate theft offenses. The first theft occurred in June, and the second happened in October, both within the same year. John has no prior felony convictions. Based on these charges, he qualifies as a Category 1 repeat offender and will be sentenced according to the range outlined for non-dangerous, repetitive offenses.

A "Category 2" offender refers to someone with one historical prior conviction, two non-historical prior convictions, or a third offense included in the same set of charges.

Example:

Sarah was charged with theft in March, burglary in June, and another theft in December, all in the same year. She has a prior historical conviction for assault. With these three separate offenses in the same year and her historical prior, Sarah is classified as a Category 2 repeat offender. Her sentencing will reflect this higher level of repeat offenses.

A "Category 3" offender is someone who has two or more prior historical convictions.

Example:

Mark has been convicted of two previous felony offenses, both involving drug trafficking, and now faces a charge for theft. Because of his two prior historical convictions and the new charge, Mark qualifies as a Category 3 offender. His sentencing will be based on the harsh penalties for offenders with multiple historical prior convictions.

The Arizona sentencing chart for dangerous but repetitive offenses outlines harsher penalties for individuals with prior violent convictions, reflecting both the severity of the crime and their criminal history under Arizona law.

Felonies are severe crimes that result in more severe penalties compared to misdemeanors or infractions. Unlike misdemeanors, which often lead to probation or short jail time, felonies usually result in longer prison sentences. In Arizona, felonies are categorized into six classes, with Class 1 being the most serious and Class 6 the least. Only first-degree and second-degree murder are classified as Class 1 felonies under Arizona law due to their severity.

In Arizona, a Class 1 felony is specifically for first and second-degree murder. First-degree murder carries a punishment of life imprisonment or the death penalty. Second-degree murder carries a sentence ranging from a minimum of 10 years to a maximum of 22 years, with the presumptive sentence set at 16 years.

Class 3 felonies cover serious crimes such as auto theft, assault with a deadly weapon, sexual abuse of a minor under 15, second-degree burglary, kidnapping, and firing a weapon into a nonresidential building.

Class 4 felonies include offenses such as possessing narcotic drugs, committing forgery, robbery, theft valued between $3,000 and $4,000, and specific types of aggravated assault.

Class 5 felonies include crimes such as stalking, credit card theft, criminal damage, credit card fraud exceeding $1,000, and aggravated domestic violence.

A Class 6 felony is the least severe felony category, carrying the shortest prison sentences. For non-dangerous crimes and defendants with no more than two prior felony convictions, the court may have the option to reduce the charge to a misdemeanor.

Every felony class comes with a defined sentence range, which includes:

• Mitigated


• Minimum


• Presumptive


• Maximum


• Aggravated

The "presumptive" sentence is the standard penalty assigned to a crime by default. Essentially, the law assumes this will be the appropriate sentence. However, a judge may reduce it to the minimum or raise it to the maximum if there are mitigating or aggravating factors present.

A mitigated prison sentence, as mentioned in the Arizona sentencing chart, is a reduced punishment based on specific factors that lessen the severity of a crime. These mitigating factors can include the defendant’s age, acting under significant stress or pressure, playing a minor role in the offense, or having a background or character traits the court finds favorable. These circumstances allow the court to issue a fairer, more tailored sentence.

An aggravated prison sentence is the most severe punishment for a felony. To qualify for this sentence, at least two aggravating factors must be involved. These could include having an accomplice, using a deadly weapon, causing the victim’s death, wearing body armor, or ambushing the victim. These factors make the crime more serious, leading to the maximum possible prison sentence for that felony class.

A dangerous offense refers to a crime that involves one of the following:

• The intentional causing of significant physical injury, or


• The use, discharge, or threat of a dangerous instrument or deadly weapon against another person.

A repetitive offense refers to a series of separate criminal acts that occurred on different occasions but are grouped together for trial, with sentencing often guided by the Arizona sentencing chart. For example, if an individual commits theft on three separate dates, but all charges are brought together in one trial, it would be considered a repetitive offense.

An eligible prior conviction refers to a past criminal conviction on a defendant's record that can lead to an extended prison sentence for the current offense.
For dangerous crimes, a prior conviction is considered eligible only if it involved a felony offense that was also classified as a dangerous crime.
For non-dangerous crimes, a prior offense qualifies as an eligible conviction if it is a historical felony conviction. These include:

• Class 2 or Class 3 felonies committed within 10 years prior to the incident


• Class 4, 5, or 6 felonies committed within 5 years prior to the incident


• Dangerous crimes committed against children under 15


• Dangerous offenses


• Convictions for aggravated driving under the influence


• Offenses with a mandatory prison sentence

In Arizona, sentencing depends on the crime's classification, whether it’s dangerous or non-dangerous, and the offender’s criminal history. Judges use Arizona's sentencing chart to determine penalties, which include minimum, presumptive, and maximum terms. Aggravating factors can lead to harsher penalties, whereas mitigating factors might result in a reduced sentence. This system ensures consistent penalties aligned with the crime’s severity.