Commission of a Dangerous Felony in Arizona

commission of a dangerous felonyWhen you wake up in the morning, like most people, you try to begin your day on a positive note. Life happens though, more often than not. Sometimes the things that happen to us are out of our hands and we have to just roll with it. Other times, we do have some control in situations but we may not make the best choices regarding the outcome. In either situation, it is a good idea to obtain a criminal defense attorney to see you through it.

Dangerous felony convictions in the state of Arizona are broken down into six felony categories, all with their own sentencing schedule. Starting with the lowest felony offense and working our way to number one, we will examine the sentences associated with each one.

Class 6 Felony

Some examples of class 6 felonies in Arizona include aggravated DUI, resisting arrest, theft, and possession of marijuana.

  • First Offense
    • The minimum incarceration period for a first offense is 1.5 years and this can span to a maximum of 3 years. The average is generally around 2.25 years.
  • One Prior Offense
    • The minimum increases to 3 years in prison and the maximum is 4.5 years. The average is 3.75 years.
  • Two Prior Offenses
    • The minimum is 4.5 years in prison to a maximum of 6 years. The average is 5.25 years.
  • Third and Repeat Offenses
    • The minimum is 3.75 years to 5.6 years maximum in prison. The average is 4.5 years.

Class 5 Felony

Credit card theft and prostitution are among class 5 felony convictions in Arizona, however, if during a trial a consensus cannot be reached, the sentencing will be considered as if it were a class 5 felony.

  • First Offense
    • First-time offenders of a class 5 felony can see a minimum of 2 years in prison with the maximum sentence of 4 years. The average length ends up typically being 3 years.
  • One Prior Offense
    • The minimum for a prior conviction is 4 years in prison with the maximum being 6 years. The average sentencing length generally ends up being 5 years.
  • Two Prior Offenses
    • 6 years is the minimum prison sentence for two priors and 8 years is the maximum. The average is 7 years.
  • Third and Repeat Offenses
    • The minimum for third and repeat offenses is 5 years in prison and a maximum sentence of 7.5 years. The average is 6 years.

Class 4 Felony

Examples of class 4 felonies in Arizona are forgery, possession of heroin, and misconduct with a deadly weapon.

  • First Offense
    • First offense class 4 felonies receive a minimum of 4 years in prison and a maximum of 8 years. The average sentence is 6 years.
  • One Prior Offense
    • Minimum prison time is 8 years with the maximum topping out at 12 years. The average is 10 years.
  • Two Prior Offenses
    • The minimum sentence is 12 years in prison with the maximum term of 16 years. The average is 14 years.
  • Third and Repeat Offenses
    • The minimum prison sentence is 10 years and the maximum is 15 years, with an average sentence length of 12 years.

Class 3 Felony

Some examples to illustrate class 3 felonies are possession of marijuana (less than 4 pounds, but more than 2 pounds), certain forms of theft, some stalking charges can be considered class 3 felonies, and telecommunication fraud.

  • First Offense
    • Class 3 felony convictions can see a minimum prison term of 5 years and a maximum of 15 years. The average length is 7.5 years.
  • One Prior Offense
    • The minimum and maximum range from 10 to 20 years in prison, but the average length is usually around 11.25 years.
  • Two Prior Offenses
    • The minimum prison sentence is 15 years and a maximum of 25 years. The average is 20 years.
  • Third and Repeat Offenses
    • Third and repeat offenders can see 11.25 years in prison minimum and 25 years maximum. The average is usually around 20 years.

Class 2 Felony

Class 2 felonies in Arizona include manslaughter convictions, creating child porn, human trafficking, kidnapping, and armed robbery.

  • First Offense
    • First offenders of class 2 felony crimes are looking at a minimum of 7 years in prison and a maximum of 21 years. The average is 10.5 years.
  • One Prior Offense
    • The minimum time in prison is 14 years and a maximum of 28 years. The average time spent in prison is 15.75 years.
  • Two Prior Offenses
    • Class 2 felonies with 2 prior convictions can receive a minimum prison sentence of 21 years and a maximum of 35 years. The average length is around 28 years.
  • Third and Repeat Offenses
    • The minimum time in prison for third or repeat offenders is 15.75 years and a maximum of 35 years. The average time spent in prison is 28 years.

Class 1 Felony

The class 1 felony in Arizona marches to the beat of its own drum. There are only two charges that could be brought before judge and jury with a class 1 felony conviction as an outcome and that is first-degree murder and second-degree murder.

First Degree Murder-Depending on the circumstances, convictions of first-degree murder can land a person in jail indefinitely either with or without parole. If the crime is heinous enough they may even be eligible for the death penalty under Arizona law.

Second Degree Murder- Sentences for second-degree murder convictions can range anywhere from 16 years in prison to life.

If you or someone special in your life find themselves facing any kind of charges, whether it is a class 1 felony murder charge or a class 6 felony marijuana possession charge make sure to have an experienced criminal defense lawyer on your side. These types of lawyers are experienced in these types of cases and possess the knowledge needed to help build your case.

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