Violent or Aggravated Felonies in Arizona
In Arizona, being charged with a violent or aggravated felony can have harsh consequences. According to A.R.S. 13-706, a violent or aggravated felony is:
- First degree murder*
- Second degree murder*
- Aggravated assault resulting in serious injury or involving the discharge or threatening use of a deadly weapon or instrument*
- Dangerous or deadly assault by a prisoner
- Assault with the intent to incite to, or participate in, a riot
- Drive-by shooting
- Discharging a firearm in an occupied residential structure
- Sexual conduct with a minor as a class 2 felony
- Sexual assault*
- Molestation of a child
- Continuous sexual abuse of a child
- Violent sexual assault
- Burglary in the first degree* of an occupied residence
- Arson of an occupied structure*, including a jail or prison
- Armed robbery*
- Participating/assisting in a criminal syndicate
- Participating in/leading a criminal street gang
- Taking a child for purposes of prostitution
- Child sex trafficking*
- Sexual exploitation of a minor, including of a commercial nature
- Unlawful introduction of disease or parasite
*These crimes are also considered serious offenses, which have the most severe criminal charges. First time offenders can find themselves incarcerated for up to 12.5 years, with ranges ultimately depending on the class of felony and the specific charges. Life in prison is also mandated in certain situations.
Anyone charged with a violent or aggravated felony will be sentenced to life in prison in the following situations:
- A prison sentence longer than life was not ordered.
- The death penalty was not ordered.
- The offender has two or more previous violent or aggravated felony convictions entered within 15 years of the third conviction.
- The sentence for the first aggravated or violent felony conviction was imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction as imposed before the conduct occurred that gave rise to the third conviction.
- There are not other provisions that establish a shorter term of imprisonment.
Those convicted of violent or aggravated felonies who are sentenced to life in prison will not be eligible for a sentence suspension, probation, pardon, or release on any basis until they have served at least 35 years of their sentence.
Moreover, any offense committed in another state that would be classified as a violent or aggravated offense in Arizona will count as such when it comes to sentencing.
Those convicted of violent or aggravated felonies that are classified as serious offenses will be ineligible to restore their gun rights until ten years have passed since their date of absolute discharge from prison.
Those convicted of violent or aggravated felonies that are dangerous offenses will permanently lose their right to own a firearm.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.