A mandatory sentence in Arizona is a specific punishment the law requires after conviction for certain crimes or under particular sentencing circumstances. In these cases, the court may be required to impose a minimum jail or prison term or follow other sentencing restrictions set by law. 

Not every conviction in Arizona comes with a mandatory prison sentence. For many first-time, non-dangerous felonies, Arizona courts follow sentencing ranges and can consider factors like the seriousness of the offense and the defendant’s personal circumstances.

Which Arizona Crimes Can Carry Mandatory Prison Sentences?

Mandatory prison time can apply to offenses involving violence, repeat offenses, and certain crimes specifically identified by Arizona law. Here are some situations where mandatory terms may apply.

Dangerous Offenses

Felony crimes labeled as “dangerous” under A.R.S. § 13-704 are subject to their own sentencing rules. An offense is considered dangerous if it involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person.

For a first dangerous felony conviction, prison ranges include:

  • Class 2 felony: 7 to 21 years
  • Class 3 felony: 5 to 15 years
  • Class 4 felony: 4 to 8 years
  • Class 5 felony: 2 to 4 years
  • Class 6 felony: 1.5 to 3 years

If a dangerousness allegation is properly charged and admitted or found by the trier of fact, the defendant is not eligible for suspension of sentence, probation, pardon, or release from confinement on most bases until the sentence imposed has been served, except as authorized by law. Prior qualifying dangerous felony convictions can increase the sentencing ranges further.

Prior Felony Convictions (Repeat Offenders)

Arizona law also sets enhanced sentencing rules when a person has previous felony convictions. Under A.R.S. § 13-703, qualifying prior felonies, known as “historical prior felony convictions,” can significantly increase potential prison terms.

The repetitive-offender statute can replace the usual sentencing range when a qualifying prior conviction is alleged and proved. The judge must sentence within the applicable repetitive-offender range, with aggravating and mitigating circumstances potentially affecting the term selected within that range. Defendants sentenced under these provisions generally are not eligible for probation or suspension of sentence.

Not every old conviction counts as a historical prior felony conviction. Arizona law has specific requirements that determine whether a prior conviction qualifies.

Mandatory Jail Sentences for DUI Convictions

Mandatory incarceration also appears in certain misdemeanor cases, most notably DUIs. Arizona law provides minimum jail terms that depend on the particular DUI offense.

Examples include:

  • Standard first-time DUI: Under A.R.S. § 28-1381, a first conviction carries at least 10 consecutive days in jail.
  • Extreme DUI: Under A.R.S. § 28-1382, a first offense involving a blood alcohol concentration of .15 but less than .20 carries at least 30 consecutive days in jail.
  • Extreme DUI involving a BAC of .20 or higher: A first offense under A.R.S. § 28-1382 carries at least 45 consecutive days in jail.

Arizona law contains provisions that may affect how portions of certain DUI jail sentences are served when statutory requirements are satisfied. Repeat DUI offenses and some aggravated DUI convictions can carry stricter incarceration requirements and other consequences, including fines and assessments, screening or treatment requirements, driver’s license consequences, and ignition interlock requirements.

Can Plea Negotiations Affect a Mandatory Sentence?

Yes, they can. Once a person is convicted of an offense carrying a mandatory sentence, the judge must follow the sentencing requirements that apply to that conviction. Before a conviction occurs, however, plea negotiations may affect the offense of conviction or which sentencing allegations remain at issue.

Discussions between the defense and prosecution may involve:

  • Reducing the charge to an offense with different sentencing requirements
  • Whether a dangerousness allegation remains part of the case
  • Whether prosecutors allege qualifying prior convictions or other sentencing enhancements

None of these outcomes is required. The prosecution does not have to reduce a charge or withdraw a sentencing allegation. In some cases, however, the terms of a plea deal may change the sentencing framework, including whether probation remains legally available.

Why Is It Important to Know the Sentencing Range Before Pleading Guilty?

Knowing the potential sentencing range before you plead guilty is essential because it determines what the court can and cannot do after your conviction. When a plea is entered, you may be giving up important rights and exposing yourself to mandatory imprisonment or other sentencing requirements. Withdrawing a guilty plea later may be difficult or unavailable depending on the circumstances.

If you are unaware of the possible sentence, you could accept a plea that brings consequences you did not anticipate. Being fully informed puts you in a better position to weigh your options, assess the risks, and understand what the court may be required to impose at sentencing.

Talk to a Tucson Criminal Defense Attorney at Katsarelis Law Criminal Defense Attorneys Today

Mandatory sentencing laws can take away much of a judge’s flexibility after a conviction. The specific sentencing range you face depends on the details of the charge, whether a dangerousness allegation is made, qualifying prior convictions, the age of the victim in certain cases, and other factors established by Arizona law.

Katsarelis Law Criminal Defense Attorneys represents people facing criminal charges throughout Arizona. The firm can examine the offense charged, prior-conviction or dangerousness allegations, and the sentencing statutes involved, so you know what exposure you may actually be facing before making important decisions about your case.

If mandatory sentencing is part of the conversation in your case, schedule a free consultation with a Tucson criminal defense lawyer to get a clearer picture of the range the court could be required to impose.