In Arizona, there is a statute that enhances the penalties associated with a conviction if an individual has two or more prior convictions for serious, violent or aggravated criminal offenses. It is critical to hire a skilled Phoenix criminal lawyer if you find yourself in this situation, as enhanced penalties could potentially mean a sentence of life in prison.
What Does ARS § 13-706 Say?
Arizona Revised Statute (ARS) § 13-706 lists certain individuals who may face enhanced sentencing – including life imprisonment – due to multiple convictions of serious criminal offenses. Below is a summary of this statute:
- A person who is at least 18 years of age who is convicted of a serious offense (except a drug offense, first-degree murder or dangerous crimes against children) and who has previously been convicted of two or more serious offenses shall be sentenced to life imprisonment and is not eligible for probation, pardon, release or a suspended sentence until serving at least 25 years.
- A person who has been convicted of any violent or aggravated felony and who has been previously convicted of two or more other violent or aggravated felonies on separate occasions shall be sentenced to imprisonment for life, without eligibility for probation, pardon, release or the suspension of the sentence until serving at least 35 years.
For Part (B) of this law to apply to a criminal case, the aggravated or violent felony convictions must have been entered within 15 years of the third conviction, not including time spent in custody or on probation.
Who Are “Serious, Violent or Aggravated Offenders” in Arizona?
Arizona’s definition of a “serious offense” includes first-degree and second-degree murder, manslaughter, aggravated assault resulting in serious physical injury or the discharge of a weapon, sexual assault, dangerous crimes against children, armed robbery, burglary, kidnapping, arson of an occupied structure, child sex trafficking, and sexual conduct with a minor under the age of 15.
A ”violent or aggravated felony” under ARS § 13-706 includes first-degree murder, second-degree murder, aggravated assault resulting in serious physical injury, dangerous or deadly assault by a prisoner, drive-by shooting, discharging a firearm at an occupied residential structure, kidnapping, sexual conduct with a minor that is a Class 2 felony, sexual assault, child molestation, continuous sexual abuse of a child, armed robbery and terrorism.
Sentencing for Serious, Violent or Aggravated Offenders in Arizona
If you are classified as a “serious, violent or aggravated offender” in Arizona due to three convictions that fall under the parameters of ARS § 13-706, you could be facing serious penalties that are enhanced from the normal consequences associated with your third criminal conviction. You may face extra prison time, for instance, including a life sentence and a Phoenix murder defense lawyer can help navigate your defense case.
You may also struggle to qualify for early-release programs. If all of the requirements of ARS § 13-706 are met, a life sentence will be mandatory. You will not qualify for early release until you have served the mandatory number of years or have had your sentence commuted.
How an Experienced Criminal Defense Lawyer Can Help
It is extremely important to hire a qualified and experienced criminal defense attorney to represent you if you are being classified as a serious, violent or aggravated offender under ARS § 13-706. An attorney will do everything possible to protect you from the worst penalties associated with your case, which may include a sentence of life imprisonment.
An attorney may be able to help you avoid a third conviction that places you into this category of offender, for example, or negotiate a plea bargain with the prosecution that mitigates a life sentence. For help with a criminal case that invokes enhanced penalties under ARS § 13-706, contact Snader Law Group anytime, day or night, for a free consultation.