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Basics of Arizona Sentencing Guidelines
Compared to other states, Arizona arguably has the harshest sentences in the nation. Learn more about Arizona's sentencing guidelines, and how courts can consider aggravating and mitigating factors in establishing sentences.
November 04, 2011 /Government PR News/ -- Compared to other states, Arizona arguably has the harshest sentences in the nation. Whether it be for misdemeanor crimes, felonies, repeat offenses or crimes against children, Arizona has one the highest incarceration rates in the United States. According to the U.S Census Bureau, 1 in every 159 Arizonans was in jail as of 2010, compared to 1 in every 749 people in 1980. In speaking to the Tucson Citizen, state representative Cecil Ash explained that Arizona puts 40,000 people behind bars, while Washington, a state with a similar population, only jails 18,000. To house and monitor inmates, Arizona will spend more than $1 billion this year. That amount will increase as the state plans to build more facilities over the next five years.
Arizona's harsh criminal penalties require an understanding of the state's sentencing guidelines. Naturally, sentencing will depend on the type of crime involved and one's criminal history. Crimes are first classified as either a felony or misdemeanor, and then sub-classified according to their seriousness. In addition, prosecutors can also elect to enhance the penalties for many crimes. Prosecutors can demand harsher and mandatory sentences if the crimes are enhanced as dangerous (using a weapon or deadly instrument), repetitive (due to prior criminal history), a crime of domestic violence or crime against a child.
Arizona categorizes felonies by class (1 through 6), depending on the seriousness of the offense. A class 1 felony is homicide. Crimes against children are mostly Class 2 felonies. Most drug and property crimes are class 4 and 6 felonies. Smaller crimes are class 6 felonies. Arizona has three levels of misdemeanor offenses. The harshest is a class 1 misdemeanor (e.g. DUI, indecent exposure to an adult, lower level assault and domestic crimes).
After a defendant is convicted of a felony, a judge refers to the sentencing guidelines for the particular offense. Each crime has a presumptive sentence that the judge can adjust upward to a maximum sentence, or downward to a minimum sentence, depending on mitigating or aggravating factors. For example, the presumptive sentence for a class 2, non-dangerous felony conviction is five years in state prison. With mitigating factors considered, the sentence could be reduced to three years. With aggravating factors, it can be increased to 12.5 years.
The defense or the prosecution can request an aggravation or mitigation hearing prior to the sentencing. At the sentencing hearing, the judge considers mitigating and aggravating evidence. Based on the arguments and evidence presented, the judge can issue a sentence he believes appropriate for the crime of conviction.
Because of the wide range of sentences that judges can impose, it is important for the court to understand and consider all mitigating factors. It is equally important to reduce the risk of aggravating circumstances leading to maximum sentences. Experienced counsel can dramatically effect the evidence and character needed to mitigate the sentence. If you are charged with a crime, an experienced criminal defense attorney can protect your rights and limit further infringement on your freedom.
Article provided by Law Offices of Howard A. Snader, LLC
Visit us at www.notacriminal.com
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