If you are convicted of a crime in Arizona, sentencing is one of the most important factors in your case. Arizona uses a structured system with presumptive sentences, which are default prison terms set by law for many felony offenses. Judges generally begin with the presumptive term and can increase or reduce it based on aggravating or mitigating circumstances.
Learning about presumptive sentences is key if you or a loved one is facing charges. These rules could determine how much time you may have to serve and what arguments a defense lawyer can make on your behalf.
What Is a Presumptive Sentence?
A presumptive sentence is the standard prison term the court is expected to impose for a felony conviction in Arizona. It is neither the maximum nor the minimum but sits in the middle of the sentencing range.
Arizona law divides felonies into six classes, with Class 1 being the most serious and Class 6 the least. Each class carries its own sentencing range, which usually includes:
- Minimum sentence
- Presumptive sentence
- Maximum sentence
For example, under A.R.S. § 13-702, a first-time Class 4 felony conviction carries:
- Minimum: 1 year
- Presumptive: 2.5 years
- Maximum: 3.75 years
This means that unless the judge finds valid reasons to depart from the presumptive sentence, the defendant will typically receive 2.5 years in prison.
How Judges Use Presumptive Sentences
Presumptive sentences are not mandatory. Instead, they are the starting point. Arizona judges must weigh factors that can either increase or decrease the penalty.
Aggravating factors may push the sentence toward the maximum, such as:
- Prior felony convictions
- Use of a deadly weapon
- Serious physical harm to the victim
- Crimes committed in front of children
Mitigating factors can lower the sentence, including:
- No prior criminal history
- Playing a minor role in the offense
- Showing genuine remorse
- Cooperation with law enforcement
Judges have discretion, but they must state their reasons on the record when removing the presumptive term.
Sentencing Ranges in Arizona
The length of a presumptive sentence depends on the class of felony. Here are some examples of first-time felony convictions under Arizona law:
- Class 2 felony: presumptive term of 5 years
- Class 3 felony: presumptive term of 3.5 years
- Class 4 felony: presumptive term of 2.5 years
- Class 5 felony: presumptive term of 1.5 years
- Class 6 felony: presumptive term of 1 year
Class 1 felonies, such as first-degree murder, have separate sentencing rules that can include life in prison or even the death penalty. Arizona also has different rules for crimes classified as “dangerous offenses,” and judges have less discretion in terms of the sentencing ranges for these charges.
For repeat offenders, the ranges are much higher as well under A.R.S. § 13-703, Arizona’s sentencing law for people with prior convictions.
Can Presumptive Sentences Be Challenged?
Yes. Although presumptive sentences are the default, they can still be challenged in court. A criminal defense attorney may argue, for instance, that:
- The aggravating factors are not sufficiently supported by evidence.
- The defendant’s background supports a lighter sentence.
- Rehabilitation is more appropriate than prison.
- The presumptive term would be unjust under the unique facts of the case.
Appeals courts in Arizona also review sentencing decisions to ensure judges followed the law when departing from presumptive ranges.
How an Attorney Can Help You With the Sentencing Process
The sentencing stage is often just as important as the trial itself. An experienced criminal defense lawyer can make a strong difference when presumptive sentencing applies. Some of the ways an attorney can help include:
- Collecting evidence of mitigating factors, such as steady employment and family responsibilities
- Presenting expert testimony to show the defendant’s potential for rehabilitation
- Negotiating a plea deal that might reduce charges to a lower felony class
- Challenging aggravating factors raised by the prosecution
In many cases, effective legal advocacy can reduce a sentence from the presumptive range to the minimum allowed under the law, helping the defendant avoid years in prison.
Contact an Experienced Tucson Criminal Defense Lawyer for a Free Consultation
Arizona’s presumptive sentencing system is designed to balance consistency with fairness. The presumptive sentence gives judges a starting point, but aggravating and mitigating factors can move the penalty up or down from there.
Knowing where your offense falls in the sentencing chart is critical if you are facing charges. More importantly, working with an experienced Tucson criminal defense attorney can make the difference between receiving the presumptive sentence and securing a more favorable outcome.
Contact our Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to arrange a free consultation with a Tucson criminal defense attorney.