Arizona Revised Statutes defines Aggravated Assault with a deadly weapon or dangerous instrument if a person commits an assault prescribed by A.R.S. §13-1203 and in the commission of that crime uses a deadly weapon or dangerous instrument.
This crime is a class 3 felony and carries a possible prison term, soft, from 2 years to 8.75 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
There are many different ways a person can commit the crime of Misconduct Involving Weapons. The most common one that is charged by prosecutor’s is being a “prohibited possessor.”
A prohibited possessor is someone who has lost their 2nd Amendment right to possess a firearm and has not had that right restored and is later found with knowingly possessing a firearm.
This crime is a class 4 felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines sexual assault as an act of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
Commonly referred to as “rape” this crime carries mandatory flat prison time for first time offenders from 5.25 years – 14 years. Upon release from prison, it is required that the offender register as a sex offender. Sex offender registration is a life time requirement.
If found guilty of more than one count of Sexual Assault, the charges MUST be run consecutive to eachother, in other words the charges must be stacked on top of eachother. For example, if found guilty of two counts of sexual assault, the accussed is facing 10.50 years to 28 years at sentencing.
Arizona Revised Statutes defines Sexual Conduct with a Minor as an act of intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen (18) years of age.
This is one of the WORST crimes to be chaged with in the state of Arizona. If the alleged victim is 12 years of age or younger, the accused is facing life in prison, not eligible for parole until serving 35 years flat time in prison. (In comparison, 1st degree murder of an adult is life, not eligible for parole until serving 25 years in prison) If the alleged victim is 13 or 14 years old, the accussed is facing 13 years to 27 years flat time in prison. If the alleged victim is 16 or 17 years old the accussed is facing 4 months to 2 years prison.
For victims that are below the age of 15 years old, the crime is considered a Dangerous Crime Against Children (DCAC).
Upon release from prison, it is required that the offender register as a Sex Offender. Sex offender registration is a life-time requirement.
DCAC :The Arizona legislature has named the crimes that deal with underage children “Dangerous Crimes Against Children.” They have their own sentencing guidelines depending on the age of the victim.
Arizona Revised Statutes defines Molestation of a Minor as intentionally or knowingly engaging in, or causing a person to engage in sexual contact (except sexual contact with the female breast) with a child under fifteen (15) years of age.
This is a class 2 felony and carries mandatory flat prison time from 10-24 years. The alleged victim must be under 15 years of age for this crime to apply.
Upon release from prison, it is required that the offender register as a Sex Offender. Sex offender registration is a life-time requirement.
Arizona Revised Statutes defines Sexual Abuse when a person intentionally or knowingly engages in sexual contact with any person who is fifteen (15) or more years of age, without consent of that person, or with any person who is under fifteen (15) years of age if the sexual contact involves only the female breast.
If alleged victim is 15 years of age or older, it is a class 5 felony and the accussed is facing a possible prison range, soft, from 6 months to 2.5 years. Sex offender registration is not mandatory but is discretionary.
If the alleged victim is under the age of 15, it is a class 3 felony and carries a possible prison range, soft, from 2.5 years to 7.5 in prison. Sex offender registration is mandatory.
Arizona Revised Statutes defines Sexual Exploitation of a Minor as knowingly recording, filming photographing, duplicating, developing, selling, purchasing, transporting, or electronically transmitting or receiving any visual depiction of a minor engaging in sexual conduct or exploitive exhibition.
Commonly referred to as “child porn.”
If the alleged victim is 15, 16 or 17 years of age, it is a class 2 felony and carries a possible prison term, soft, from 3 years to 12.5 years prison.
If the alleged victim is under 15 years of age, it is a class 2 felony DCAC and carries a mandatory prison term, flat, from 10 years to 24 years. This is consecutive (stacked) to any other image charged and found guilty on. What this means is that if you are charged with having knowingly possessed 10 images of child porn, you are facing a minimum of 100 years up to a a maximum of 240 years in prison, flat time.
Upon release from prison, it is required that the offender register as a Sex Offender. Sex offender registration is a life-time requirement.
Consecutive: Certain prison terms have to be served consectuve to another, or stacked. Only after the defendant has served one sentence can he start to serve the next sentence. This is the opposite of Concurrent Sentences which can be served at the same time.
Arizona Revised Statutes defines Luring of a Minor For Sexual Exploitation when a person “lures” or offers sex with a person knowing, or having reason to know the person is a minor.
If the alleged victim is 15, 16 or 17 years of age, it is a class 3 felony and carries a possible prison term, soft, from 2 years to 8.75 years prison.
If the alleged victim is under the age of 15, it is a class 3 felony, DCAC, and carries possible prison term, soft, from 5 years to 15 years.
Upon release from prison, it is required that the offender register as a Sex Offender. Sex offender registration is a life-time requirement.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Failure to Register as a Sex Offender when a person who is required to register fails to do so within ten days after the conviction or adjudication or within ten days after entering and remaining in any county in the state. This also applies to re-registering within 72 hours everytime a person required to register changes his or her address.
This crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years in prison. However, usually the requirement that the accussed have to register means that they have a prior felony. Having a prior felony that is eligible by the State means a higher sentence range in prison. To see the flow chart for Repetetive Felony Offenses click here.
Arizona Revised Statutes defines First Degree Murder when a person intends, or has reason to know that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
This crime is a class one felony and is punishable by death or life imprisonment without the possibility of parole until the defendant has served 25 years in prison. Life in prison without the possibility of parole is also possible.
Arizona Revised Statutes defines Forgery as a person with the intent to defraud the person:
Falsely makes, completes or alters a written instrument OR
Knowingly possesses a forged instrument OR
Offers or presents a forged instrument or one that contains false information.
This crime typically has to do with checks.
This crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Trafficking in Stolen Property as a person recklessly OR knowingly trafficking stolen property of another.
For recklessly Trafficking in Stolen Property, this crime is a class three felony and carries a possible prison term, soft, from 2 years to 8.75 years.
For knowingly Trafficking in Stolen Property, this crime is a class two felony and carries a possible prison term, soft, from 3 years to 12.5 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Fraudulent Schemes and Artfices as a person knowingly obtaining any benefit by means of false or fraudulent pretenses, representations, promises or material omissions.
This crime is a class two felony and carries a possible prison term, soft, from 3 years to 12.5 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Illegal Control of an Enterprise as a person acquiring or maintaining, through the means of racketeering, control of any enterprise.
This crime is a class three felony and carries a possible prison term, soft, from 2 years to 8.75 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Posession of Marijuana as a person knowingly possessing marijuana.
Depending on the amount of marijuana that is found by law enformcement, this crime could be a class six felony up to a class four felony. Depending on the jurisdiction of where you are charged, the prosecutor could charge you with a class one misdemeanor instead of a class six felony.
Less than two pounds is a class six felony with a possible prison range, soft , of 4 months to 2 years.
At least two pounds but less than four pounds is a class five felony with a possible prison range, soft, of 6 months to 2.5 years.
More than four pounds is a class four felony with a possible prison range, soft, of 1 year to 3.75 years.
For Sale of Marijuana, if you are found with less than two pounds of marijuana with intent to sell, it is a class four felony with a possible prison term, soft, of 1 year to 3.75 years.
If you are found with more than two pounds of but less than four pounds of marijuana with intent to sell, it is a class three felony with mandatory prison term, soft, of 2 years to 8.75 years.
If you are found with more than four pounds of marijuana with intent to sell, it is a class two felony with mandatory prison term, soft, of 3 years to 12.5 years.
For Production of Marijuana, if you are found with an amount of less than two pounds with intent to produce, it is a class five felony with a possible prison term, soft, of 6 months to 2.5 years.
If you are found with an amount of at least two pounds but less than four pounds of marijuana with intent to produce, it is a class four felony with a mandatory prison term, soft, of 1 year to 3.75 years.
If you are found with an amount of more than four pounds with the intent to produce, it is a class three felony with a mandatory prison term, soft, of 2 years to 8.75 years.
Possible: If this is your first felony offense, for certain crimes you can receive probation instead of prison if found guilty. Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time. Mandatory: For certain crimes probation is not available and therefore if found guilty, it is mandatory prison time.
Arizona Revised Statutes defines Posession of Dangerous Drug as a person knowingly possessing a Dangerous Drug.
Methamphetamine (Meth) is a common drug that is charged under this statute.
For Possession of a Dangerous Drug, this crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
For Sale, Manufacture or Transportation of a Dangerous Drug, this crime is a class two felony. If the Dangerous Drug is Meth, it falls under the special meth sentencing statute: Mandatory flat prison term of 5 years to 15 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time. Some crimes if found guilty on require the defendant to serve 100% of their prison term; this is called flat time.
Arizona Revised Statutes defines Posession of a Narcotic Drug as a person knowingly possessing a Narcotic Drug.
For Possession of a Narcotic Drug, this crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Herion is a common drug that is charged under this statute.
For Sale, Manufacture or Transportation of a Narcotic Drug, this crime is a class two felony. It carries a possible prison term, soft, from 3 years to 12.5 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
Arizona Revised Statutes defines Driving Under the Influence as a person being impaired to the slightest degree while being in actual physical control of a vehicle.
There are many different types of DUI’s that a person can be charged with. The most common types are:
Impaired to the slightest degree. No breath or blood results are needed for a person to be charged with this type of DUI.
Having a alcohol concentration of .08 or more within two hours of driving.
Having a any drug defined in A.R.S. §13-3401 in the person’s system (a blood test is necessary for this to be charged).
A DUI can be charged as a misdemeanor or a felony depending on the circumstances. If it is charged as a class one misdemeanor and the accussed has not been convicted of a previous DUI within the past 84 months, the crime carries a jail term from 10 days to 6 months; a fine up to $2,500 plus surcharges; mandatory ignition interlock device installed in vehicle for at least 12 months.
If the DUI is charged as a class four felony, and the accussed has not been convicted of a previous DUI within the past 84 months, the crime carries a mandatory prison term of four months to 3.75 years; a fine up to $150,000 plus surcharges; mandatory ignition interlock device installed in vehicle for at least 24 months.
Mandatory: For certain crimes probation is not available and therefore if found guilty, it is mandatory prison time.
Murder
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First Degree Murder A.R.S. § 13-1105
Arizona Revised Statutes defines First Degree Murder when a person intends, or has reason to know that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
This crime is a class one felony and is punishable by death or life imprisonment without the possibility of parole until the defendant has served 25 years in prison. Life in prison without the possibility of parole is also possible.
WHITE-COLLAR/
ORGANIZED CRIMES
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Forgery A.R.S. §13-2002
Arizona Revised Statutes defines Forgery as a person with the intent to defraud the person:
Falsely makes, completes or alters a written instrument OR
Knowingly possesses a forged instrument OR
Offers or presents a forged instrument or one that contains false information.
This crime typically has to do with checks.
This crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Trafficking in Stolen Property A.R.S. §13-2307
Arizona Revised Statutes defines Trafficking in Stolen Property as a person recklessly OR knowingly trafficking stolen property of another.
For recklessly Trafficking in Stolen Property, this crime is a class three felony and carries a possible prison term, soft, from 2 years to 8.75 years.
For knowingly Trafficking in Stolen Property, this crime is a class two felony and carries a possible prison term, soft, from 3 years to 12.5 years.
Fraudulent Schemes and Artifices A.R.S. §13-2310
Arizona Revised Statutes defines Fraudulent Schemes and Artfices as a person knowingly obtaining any benefit by means of false or fraudulent pretenses, representations, promises or material omissions.
This crime is a class two felony and carries a possible prison term, soft, from 3 years to 12.5 years.
Illegal Control of an Enterprise; Illegally Conducting an Enterprise A.R.S. §13-2312
Arizona Revised Statutes defines Illegal Control of an Enterprise as a person acquiring or maintaining, through the means of racketeering, control of any enterprise.
This crime is a class three felony and carries a possible prison term, soft, from 2 years to 8.75 years.
DRUG CRIMES
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Possession, Use, Production, Sale or Transportation of Marijuana A.R.S. § 13-3405
Arizona Revised Statutes defines Posession of Marijuana as a person knowingly possessing marijuana.
Depending on the amount of marijuana that is found by law enformcement, this crime could be a class six felony up to a class four felony. Depending on the jurisdiction of where you are charged, the prosecutor could charge you with a class one misdemeanor instead of a class six felony.
Less than two pounds is a class six felony with a possible prison range, soft, of 4 months to 2 years.
At least two pounds but less than four pounds is a class five felony with a possible prison range, soft, of 6 months to 2.5 years.
More than four pounds is a class four felony with a possible prison range, soft, of 1 year to 3.75 years.
For Sale of Marijuana, if you are found with less than two pounds of marijuana with intent to sell, it is a class four felony with a possible prison term, soft, of 1 year to 3.75 years.
If you are found with more than two pounds of but less than four pounds of marijuana with intent to sell, it is a class three felony with mandatory prison term, soft, of 2 years to 8.75 years.
If you are found with more than four pounds of marijuana with intent to sell, it is a class two felony with mandatory prison term, soft, of 3 years to 12.5 years.
For Production of Marijuana, if you are found with an amount of less than two pounds with intent to produce, it is a class five felony with a possible prison term, soft, of 6 months to 2.5 years.
If you are found with an amount of at least two pounds but less than four pounds of marijuana with intent to produce, it is a class four felony with a mandatory prison term, soft, of 1 year to 3.75 years.
If you are found with an amount of more than four pounds with the intent to produce, it is a class three felony with a mandatory prison term, soft, of 2 years to 8.75 years.
Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Dangerous Drugs A.R.S. §13-3407
Arizona Revised Statutes defines Posession of Dangerous Drug as a person knowingly possessing a Dangerous Drug.
Methamphetamine (Meth) is a common drug that is charged under this statute.
For Possession of a Dangerous Drug, this crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
For Sale, Manufacture or Transportation of a Dangerous Drug, this crime is a class two felony. If the Dangerous Drug is Meth, it falls under the special meth sentencing statute: Mandatory flat prison term of 5 years to 15 years.
Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Narcotic Drugs A.R.S. §13-3408
Arizona Revised Statutes defines Posession of a Narcotic Drug as a person knowingly possessing a Narcotic Drug.
For Possession of a Narcotic Drug, this crime is a class four felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Herion is a common drug that is charged under this statute.
For Sale, Manufacture or Transportation of a Narcotic Drug, this crime is a class two felony. It carries a possible prison term, soft, from 3 years to 12.5 years.
DUI
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Driving or Actual Physical Control While Under the Influence A.R.S. §28-1381 -- §28-1390
Arizona Revised Statutes defines Driving Under the Influence as a person being impaired to the slightest degree while being in actual physical control of a vehicle.
There are many different types of DUI’s that a person can be charged with. The most common types are:
Impaired to the slightest degree. No breath or blood results are needed for a person to be charged with this type of DUI.
Having a alcohol concentration of .08 or more within two hours of driving.
Having a any drug defined in A.R.S. §13-3401 in the person’s system (a blood test is necessary for this to be charged).
A DUI can be charged as a misdemeanor or a felony depending on the circumstances. If it is charged as a class one misdemeanor and the accussed has not been convicted of a previous DUI within the past 84 months, the crime carries a jail term from 10 days to 6 months; a fine up to $2,500 plus surcharges; mandatory ignition interlock device installed in vehicle for at least 12 months.
If the DUI is charged as a class four felony, and the accussed has not been convicted of a previous DUI within the past 84 months, the crime carries a mandatory[1] prison term of four months to 3.75 years; a fine up to $150,000 plus surcharges; mandatory ignition interlock device installed in vehicle for at least 24 months.
[1]Mandatory: For certain crimes probation is not available and therefore if found guilty, it is mandatory prison time.
Various Gun Crimes
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Aggravated Assault with a Deadly Weapon A.R.S. § 13-1204
Arizona Revised Statutes defines Aggravated Assault with a deadly weapon or dangerous instrument if a person commits an assault prescribed by A.R.S. §13-1203 and in the commission of that crime uses a deadly weapon or dangerous instrument.
This crime is a class 3 felony and carries a possible prison term, soft, from 2 years to 8.75 years.
Misconduct Involving Weapons A.R.S. 13-3102
There are many different ways a person can commit the crime of Misconduct Involving Weapons. The most common one that is charged by prosecutor’s is being a “prohibited possessor.”
A prohibited possessor is someone who has lost their 2nd Amendment right to possess a firearm and has not had that right restored and is later found with knowingly possessing a firearm.
This crime is a class 4 felony and carries a possible prison term, soft, from 1 year to 3.75 years.
Soft: Arizona law requires that a person found guilty of a crime and sentenced to prison must serve at least 85% of their prison term; this is called soft time.
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Drug Crimes
Possession, Use, Production, Sale or Transportation of Marijuana A.R.S. § 13-3405