Assault Charges In Arizona - This means that the judge's judgment should be within a certain range based on certain factors.
We discuss these factors below. The regulations can be found in the A.R.S. 13-702 and A.RS. 13-703 for common crimes.
Assault Charges In Arizona
Penalty range for aggravated felonies in the A.R.S. 13-704 Dangerous crimes committed against children in the A.R.S. 13-705..
Arizona Republic (phoenix, Arizona)25 Oct 1967, Wedpage 1
Or you can take a look at the handy PDF version at Penal Code Sentencing Regulations.
This is the latest version of Arizona's ranges and associated penalties; effective August 9, 2017.
This sentence category is for people (no matter how old they are) who have never had a criminal conviction in their lifetime.
During sentencing, judges start with possible terms and move sentences up or down depending on the mitigation or severity of the punishment.
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* Mitigating and aggravating means that the law allows a judge to find enough circumstances to determine a lesser or more severe sentence.
What circumstances allow a judge to determine a harsher or lesser sentence in a felony conviction?
The A.R.S. specifies the circumstances or factors that allow a judge to determine a lesser or greater sentence. 701(e) and A.RS. 701(e) respectively. Aggravating factors include:
As you can see, the last two in each category are "all" factors and allow your prosecutor or attorney to argue for any other relevant factors.
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You may also find that prosecutors have more aggravating factors to choose from than the defense.
To determine an aggravated or aggravated sentence, a judge must find two or more of these factors to reduce or increase the absolute mitigated and aggravated sentence.
In order for a judge to go for min or max, he just needs to find one of these listed factors.
If you go to trial and lose, the state must also clearly demonstrate to the jury the aggravating factors proposed against you.
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If the state does not meet its burden and the jury finds no aggravating circumstances, the judge cannot impose a heavier penalty on you.
For example, if you are charged with grievous bodily harm, the basic charge may include causing grievous bodily harm.
Therefore, the state cannot argue that grievous bodily injury is an aggravating factor because it is a necessary element of the basic charge.
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