Arizona criminal convictions can result in many different penalties. Some convictions require mandatory prison. Some convictions may result in merely a term of probation. While other convictions can result in both a term of probation and a term of jail. Above is a partial copy of the Arizona Supreme Court’s Sentencing chart that shows the general sentencing ranges for a criminal conviction in Arizona.
In order to utilize the chart, you must understand a few basic principals. First, you must know what class of felony you are charged with. You can see on the left side of the chart there is heading titled “CLASS.” Arizona felonies are given a class by our legislature. On the chart, you can see that a Class 6 felony carries the shortest terms of prison. While a Class 2 felony requires the longest.
The next column on the chart is the sentencing ranges for first offenses criminal convictions in Arizona. This section is shaded in blue. The shading is to indicate that most first offenses in Arizona may result in probation. That is, for most first time criminal convictions, the judge has the option to sentence you to probation. The judge may also combine a term of jail with probation. The maximum term of jail is one year for each count.
AN EXAMPLE OF A SENTENCE FOR A FIRST TIME OFFENDER
Let take the example of a first time forgery conviction. In Arizona the crime of Forgery is a class 4 felony. So you look on the chart at the number 4 under the CLASS column, and the sentencing rage will be to the right of it. The sentencing range for a class 4 felony is a super-minimum of 1 year and a super-maximum of 3.75 years. The presumptive term is 2.5 years. That is, the judge is presumed to sentence you to 2.5 years (if she has chosen prison as the penalty.) To sentence you to a term greater than 2.5 years, she must make a finding that aggravating factors exist. To sentence you to a term less than 2.5 years, she must make a finding that mitigating factors exist.
However, because this is a first time offense, the judge has the option to forgo a prison term and sentence you to probation. A probation sentence can include incarceration. The judge can sentence you to up to 1 year in the county jail (as opposed to the Arizona State Prison System) as a term of probation. If jail is imposed, the judge has the discretion to allow you to participate in the work furlough program. This program permits a person serving a jail term to be released on a limited basis to continue working.
EXCEPTIONS TO THE RULE
There are many first time offense that do require a mandatory prison sentence and fall outside the shaded area on the sentencing chart. Dangerous offenses (as defined by the Arizona Legislature) and certain sex offenses require mandatory prison terms.
DISCLAIMER: The information in this blog is NOT legal advice, nor does it establish an attorney-client relationship between you and the Koplow Law Firm. Legal advice usually varies from case to case.
If you need legal advice for a specific problem, you must consult with an attorney. For more information about Arizona Criminal Law, please contact the Koplow Law Firm.