What are the Sentencing Ranges for a Dangerous Offense?

A.R.S. § 13-105(13) states that a “dangerous offense” is an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

A.R.S. § 13-704 contains the sentencing ranges for a person charged with a dangerous offense:

  • A.R.S. § 13-704(A) applies to a person who is a first time felony offender.  A Class 2 felony has a sentencing range of 7 years minimum, 10.5 years presumptive, and 21 years maximum.  A Class 3 felony has a sentencing range of 5 years minimum, 7.5 years presumptive and 15 years maximum.  A Class 4 felony has a sentencing range of 4 years minimum, 6 years presumptive, and 8 years maximum.  A Class 5 felony has a sentencing range of 2 years minimum, 3 years presumptive, and 4 years maximum.  A Class 6 felony has a sentencing range of 1.5 years minimum, 2.25 years presumptive, and 3 years maximum.
  • A.R.S. § 13-704(B) applies to a person who has one historical prior dangerous offense felony conviction and is convicted of a dangerous offense that is a Class 4, 5, or 6 felony.  A Class 4 felony has a sentencing range of 8 years minimum, 10 years presumptive, and 12 years maximum.  A Class 5 felony has a sentencing range of 4 years minimum, 5 years presumptive, and 6 years maximum.  A Class 6 felony has a sentencing range of 3 years minimum, 3.75 years presumptive, and 4.5 years maximum.
  • A.R.S. § 13-704(C) applies to a person who has two or more historical prior dangerous offense felony convictions and is convicted of a dangerous offense that is a Class 4, 5 or 6 felony.  A Class 4 felony has a sentencing range of 12 years minimum, 14 years presumptive, and 16 years maximum.  A Class 5 felony has a sentencing range of 6 years minimum, 7 years presumptive, and 8 years maximum.  A Class 6 felony has a sentencing range of 4.5 years minimum, 5.25 years presumptive, and 6 years maximum.
  • A.R.S. § 13-704(D) applies to a person who has one historical prior dangerous offense felony conviction that is a Class 1, 2 or 3 felony and is convicted of a dangerous offense that is a Class 2 or 3 felony.  A Class 2 felony has a sentencing range of 14 years minimum, 15.75 years presumptive, and 28 years maximum.  A Class 3 felony has a sentencing range of 10 years minimum, 11.25 years presumptive, and 20 years maximum.
  • A.R.S. § 13-704(E) applies to a person who has two or more historical prior dangerous offense felony convictions that are Class 1, 2, or 3 felonies and is convicted of a dangerous offense that is a Class 2 or 3 felony.  A Class 2 felony has a sentencing range of 21 years minimum, 28 years presumptive, and 35 years maximum.  A Class 3 felony has a sentencing range of 15 years minimum, 20 years presumptive, and 25 years maximum.

If you are charged with a dangerous offense, don’t despair.  An experienced defense felony lawyer can challenge whether the offense qualifies as a dangerous offense, whether you really have one or more historical prior dangerous offenses, and whether you really should be sentenced to the maximum as well as raise defenses to the current charges.

 

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