In most Arizona criminal cases, the judge decides the sentence, not the jury. A jury generally determines whether the defendant is guilty, while the judge determines the punishment under Arizona law. However, juries may also have a role in sentencing when certain aggravating factors must be established.
Arizona sentencing laws consider the offense, the defendant’s criminal history, and other relevant circumstances. Understanding how sentencing decisions are made can help defendants in Tucson know what to expect after a conviction.
What Role Does the Judge Play in Sentencing?
Arizona judges generally determine criminal sentences within the limits established by state law. After a conviction or guilty plea, the judge considers the offense, applicable sentencing requirements, and circumstances that may affect the punishment.
Under A.R.S. ยง 13-701 and related statutes, Arizona uses presumptive, mitigated, and aggravated sentencing ranges for many felonies. Judges consider legally recognized aggravating and mitigating factors, although certain findings that support an increased sentence must be established through additional procedures.
Why Did Ring v. Arizona Change Death Penalty Sentencing?
Ring v. Arizona, 536 U.S. 584 (2002), required juries rather than judges acting alone to find the aggravating circumstances necessary to make a defendant eligible for the death penalty. Before this ruling, Arizona allowed judges to make those findings after a first-degree murder conviction.
The U.S. Supreme Court determined that this violated the Sixth Amendment because the findings increased the punishment legally available to the defendant. Arizona subsequently changed its capital sentencing procedures to require jury findings.
Does a Jury Ever Play a Role in Non-Capital Sentencing?
Yes, a jury can play a role in sentencing Arizona felony cases that do not involve the death penalty. Although judges generally decide the sentence, juries may be required to determine whether certain aggravating circumstances exist.
These circumstances can allow a judge to impose a sentence above the presumptive range. In many cases, the jury must find the aggravating factor beyond a reasonable doubt unless the defendant admits it or a legal exception applies. The judge then determines the sentence within the range permitted by Arizona law.
Can a Judge Increase a Sentence Based on Facts the Jury Never Considered?
Yes, Arizona judges may consider certain facts that were not presented to a jury, but their authority to increase a sentence is limited by constitutional requirements.
For example, a judge may consider mitigating circumstances and certain aspects of a defendant’s criminal history. However, aggravating factors that authorize a sentence above the presumptive range generally require a jury finding or an admission by the defendant, subject to applicable exceptions.
What Should You Do if You Have Questions About How Sentencing Will Work in Your Case?
A criminal defense attorney can review your charges, criminal history, and applicable sentencing laws to explain how sentencing decisions may be made in your case. The specific offense and any aggravating or mitigating circumstances can affect the judge’s sentencing authority.
Katsarelis Law Criminal Defense Attorneys represents individuals facing misdemeanor and felony charges in Tucson and throughout Southern Arizona. The firm can explain the sentencing procedures that apply and help defendants prepare for criminal proceedings.
Contact Katsarelis Law Criminal Defense Attorneys To Schedule a Free Consultation With a Tucson Criminal Defense Attorney
In most Arizona criminal cases, judges determine sentences, although juries may decide certain facts that affect the available punishment. The specific charges and applicable sentencing laws determine how this process works.
If you are facing criminal charges, contact Katsarelis Law Criminal Defense Attorneys today at (520) 510-0439 to schedule a free consultation with a Tucson criminal defense lawyer.
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
