In Arizona, the classification of a “dangerous offense” dramatically elevates the severity of a criminal charge. While a regular felony charge carries significant penalties, those classified as dangerous offenses come with enhanced consequences due to their heightened risk to public safety.
The main distinction is the degree of injury and the manner in which the crime was perpetrated.
A regular felony charge involves criminal conduct that may or may not result in physical injury or the use of a weapon. Sentencing for these crimes often includes the possibility of probation, suspended sentences, or reduced penalties through mitigating factors.
In contrast, a dangerous offense is a felony involving the intentional or knowing infliction of serious physical harm, the use of a deadly weapon, or actions deemed readily capable of causing death or serious injury. Arizona law mandates harsher punishments for dangerous offenses, including mandatory prison sentences with no option for probation or suspension.
At the Law Office of Daniel Hutto, we specialize in defending individuals against these life-changing allegations, offering the knowledge and experience necessary to protect your rights.
Here’s what this article will cover:
- What is Considered a “Dangerous Offense” Under Arizona Law?
- How Does ARS § 13-704 Define Sentencing for Dangerous Offenses?
- Examples of Crimes That Qualify as Dangerous Offenses in Arizona
- Why Are Dangerous Offense Charges More Severe Than Other Felonies?
- How The Law Office of Daniel Hutto Can Help If You Are Charged
How an Arizona Criminal Defense Attorney Can Help
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What is Considered a “Dangerous Offense” Under Arizona Law?
The state of Arizona defines a dangerous offense in ARS § 13-105(13) as any felony involving the use or threatening exhibition of a deadly weapon or the knowing infliction of serious physical injury. These crimes carry harsher penalties because they are deemed to pose a significant threat to public safety.
Elements of dangerous offenses include:
- Deadly Weapon: Objects like firearms or knives that are readily capable of causing death or serious injury.
- Dangerous Instrument: Any item, such as a vehicle, that is used to harm another person.
- Serious Physical Injury: Injuries causing permanent disfigurement, impairment, or risk of death.
How Does ARS § 13-704 Define Sentencing for Dangerous Offenses?
Arizona Revised Statutes § 13-704 establishes strict sentencing guidelines for crimes classified as dangerous offenses. These guidelines ensure that offenders receive prison time commensurate with the severity of the offense.
▶ Sentencing for First-Time Dangerous Offenses
For individuals who are at least 18 years old or tried as adults, sentencing is as follows:
| Felony Class | Minimum Sentence | Presumptive Sentence | Maximum Sentence |
|---|---|---|---|
| Class 2 | 7 years | 10.5 years | 21 years |
| Class 3 | 5 years | 7.5 years | 15 years |
| Class 4 | 4 years | 6 years | 8 years |
| Class 5 | 2 years | 3 years | 4 years |
| Class 6 | 1.5 years | 2.25 years | 3 years |
▶Sentencing With One Prior Conviction for a Dangerous Offense
For individuals with one prior felony conviction involving a dangerous offense, penalties are significantly harsher:
| Felony Class | Minimum Sentence | Presumptive Sentence | Maximum Sentence |
|---|---|---|---|
| Class 4 | 8 years | 10 years | 12 years |
| Class 5 | 4 years | 5 years | 6 years |
| Class 6 | 3 years | 3.75 years | 4.5 years |
▶Sentencing With Two or More Prior Dangerous Offense Convictions
For offenders with two or more prior convictions for dangerous offenses:
| Felony Class | Minimum Sentence | Presumptive Sentence | Maximum Sentence |
|---|---|---|---|
| Class 4 | 12 years | 14 years | 16 years |
| Class 5 | 6 years | 7 years | 8 years |
| Class 6 | 4.5 years | 5.25 years | 6 years |
Examples of Crimes That Qualify as Dangerous Offenses in Arizona
Arizona law specifies certain crimes as dangerous offenses when specific conditions are met. Common examples include:
- Aggravated Assault: Involving a deadly weapon or causing serious injury.
- Armed Robbery: Threatening or using force with a weapon during theft.
- First-Degree Murder: The most severe offense, often qualifying as dangerous by default.
- Sexual Assault: Cases involving the use of force or deadly weapons.
- Kidnapping: When accompanied by threats or use of a dangerous instrument.
Each of these crimes can carry mandatory enhanced sentencing if classified as dangerous.
Why Are Dangerous Offense Charges More Severe Than Other Felonies?
Dangerous offenses are treated more harshly because they pose an immediate and significant threat to public safety. The state views crimes involving weapons or severe injury as especially egregious. This means defendants accused of these crimes face:
- Mandatory Prison Sentences: No option for probation or parole in most cases.
- Higher Sentencing Ranges: Sentences often exceed those for similar, non-dangerous offenses.
- Reputational Damage: Convictions for dangerous offenses are highly stigmatized, affecting future opportunities.
The potential for a lifelong impact makes it important to have an experienced defense team.
Contact a Criminal Defense Attorney From The Law Office of Daniel Hutto
Facing charges for a dangerous offense in Arizona can be overwhelming, but you don’t have to go through it alone. At the Law Office of Daniel Hutto, we provide experienced legal counsel to evaluate your case, develop strong defenses, and fight for the best possible outcome. Whether it’s disputing evidence, challenging claims of intent, or proving self-defense, our team is dedicated to protecting your rights.
Daniel Hutto brings over a decade of experience handling complex criminal cases, ensuring personalized and effective representation. Contact our office today at 602 536-7878 to get the skilled defense you need.
