Assault Charges In Az - This means that the sentence handed down by the judge must be within a certain range depending on certain factors.
We discuss these factors below. Statutory A.R.S. 13-702 and A.R.S. 13-703 for persistent felonies.
Assault Charges In Az
Penalties for aggravated offenses are set forth in A.R.S. 13-704 with dangerous crimes against children, A.R.S. 13-705..
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Alternatively, you can view the helpful PDF version found in the Sentencing Rules of the Criminal Code.
This is an updated version of Arizona zoning and related penalties; It will be implemented from August 9, 2017.
These are the categories of punishment for a person who has never been convicted of a serious crime in his life (no matter how old he is).
At sentencing, the judge starts with the presumptive conditions and moves the sentence up or down based on reduction or aggravation.
Arizona Felony Sentencing Chart
The * symbol on mitigating and aggravating factors refers to a statute that allows a judge to find sufficient circumstances to find mitigating or aggravating factors.
What are the circumstances that allow the judge to determine the aggravated or reduced type of punishment when imposing a criminal sentence?
Circumstances or factors that allow a judge to determine a reduced or aggravated sentence are set forth in A.R.S. 701(e) and A.R.S. 701(d) respectively. Aggravating factors include:
As you can see, the last two in each category are the "catch all" factors and allow the prosecutor or your attorney to discuss any other important factor.
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You will also notice that there are worse factors in choosing prosecutors than choosing defense counsel.
To find an aggravating or mitigating sentence, the judge must find two or more of these factors capable of reducing or aggravating the absolute mitigating and aggravating sentence.
In order for the judge to arrive at the minimum or maximum, he must find only one of these factors.
If you go to trial and fail, the state will have to prove to a jury the aggravating factors against you.
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If the state does not meet its burden and the jury finds no aggravating factors, the judge will not find an aggravating sentence against you.
For example, if you are charged with aggravated assault, the underlying charge may include causing serious bodily injury.
Therefore, the State cannot argue that serious bodily injury was an aggravating factor because it was a necessary element of the underlying charge.
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