Facing felony charges is always stressful. If your charges carry Arizona’s “dangerous crimes” designation, the situation can feel even more dire. You need to consult an Arizona felony attorney regarding what this designation means for your case.
What Is a Dangerous Crime?
In Arizona, A.R.S. 13-105(13) defines a dangerous crime as one that is committed with the use of a deadly weapon. You don’t need to discharge a gun for a violent crime to be considered dangerous. Just the display of the weapon is enough to earn this designation for the crime. If you knowingly inflict serious bodily injury on another person during the commission of the crime, it can also be considered a dangerous crime.
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Examples of Dangerous Crimes in Arizona
In Arizona, any violent crime can be given the designation of a dangerous offense if it meets the qualifications described above. Common examples include:
- Armed robberies
- Aggravated assaults
- Murders
- Kidnapping
- Sexual assault
- Child endangerment or abuse
- First-degree burglary
- Drug trafficking
If you were in possession of and either brandished or used a gun or another deadly weapon during the commission of a crime, it could affect your felony sentencing.
Dangerous Felony Penalties
Dangerous offenders in Arizona receive increased sentences for their felony crimes. All Class 1 felonies are dangerous crimes, as only first and second-degree murder are considered Class 1 felonies in the Grand Canyon State. For other classes of felonies, here’s what you can expect in terms of sentencing:
- Class 2. Punishable by seven to 21 years in prison
- Class 3. Punishable by five to 15 years in prison
- Class 4. Punishable by four to eight years in prison
- Class 5. Punishable by two to four years in prison
- Class 6. Punishable by 1.5 to three years in prison
These sentencing guidelines are slightly harsher than those associated with regular, non-dangerous felony crimes. For reference, you can compare these sentencing guidelines to those of regular first-time felony offenses:
- Class 2. Punishable by four to ten years in the absence of mitigating or aggravating factors
- Class 3. Punishable by two to seven years in the absence of mitigating or aggravating factors
- Class 4. Punishable by one to three years in the absence of mitigating or aggravating factors
- Class 5. Punishable by .5 to two years in the absence of mitigating or aggravating factors
- Class 6. Punishable by .33 to 1.5 years in the absence of mitigating or aggravating factors
As you can see, there is a significant difference in how dangerous crimes are sentenced.
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How an Arizona Felony Lawyer Can Help
Working with an Arizona dangerous crimes lawyer is the most effective way to increase the chances of getting your case dropped or your charges reduced. Your lawyer can assist you with every aspect of your case, including:
- Explaining the charges against you and how the criminal courts operate
- Gathering and analyzing evidence to use to build a case
- Coming up with an effective defense
- Finding flaws in the prosecution’s case
- Identifying potential rights violations that occurred during the investigation phase
- Staying on top of important court dates and deadlines
- Negotiating a plea deal with the prosecution if you choose to do so
- Representing you in court if your case goes to trial
Even if your defense lawyer doesn’t believe an acquittal is possible, they may be able to get the dangerous crime designation dropped or even have your charges reduced to a lesser felony or a misdemeanor.
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Arizona’s Violent Crime Rates
Arizona’s violent crime rate for 2023 was 4.09 per 1,000 residents, marking a decrease from 2022’s rate of 4.46. While violent crime and dangerous crimes are not synonymous, all dangerous crimes are inherently violent crimes because they involve the use or display of a deadly weapon or force sufficient to intentionally inflict serious physical injuries.
It’s good news for the state that violent crime rates are dropping, but for those charged with dangerous crimes, the situation remains dire.
FAQs About Arizona’s “Dangerous Crimes” Designation
How Much Jail Time Is a Class 4 Felony in Arizona?
How much jail time a Class 4 felony in Arizona is varies based on whether there were mitigating or aggravating factors and whether you have a history of other felony arrests. A.R.S. 13-702 indicates that the minimum sentence for a Class 4 felony is 1.5 years, the presumptive sentence is 2.5 years, and the maximum sentence is three years for first-time offenders. However, mitigating or aggravating factors can decrease or increase how much time you face.
Can a Class 3 Felony Be Dropped?
A Class 3 felony can be dropped if the prosecution does not have sufficient evidence to proceed with the case. This can occur if your lawyer files a successful motion to suppress evidence due to police error or constitutional violations, such as illegal search and seizure or a failure to read you your Miranda rights.
What Qualifies as a Dangerous Crime in Arizona?
Offenses that qualify as dangerous crimes in Arizona are defined under A.R.S. 13-105(13) as felonies involving the use, discharge, or display of a deadly weapon or the knowing infliction of serious injury. These crimes, which can include serious offenses like murder, armed robbery, and aggravated assault, carry enhanced penalties.
What Does the Designation of Felony Mean?
The designation of felony means that you have been accused of a serious crime that carries a significant punishment, typically involving both fines and prison time. Felonies are divided into six classes in Arizona, with Class 1 felonies being the most serious and Class 6 felonies being the least serious crimes. All felonies are more serious than misdemeanor crimes.
Hire a Felony Lawyer
Because dangerous crimes are felonies, you need to hire a felony lawyer to help you refute the charges. The team here at Grand Canyon Law Group is ready to help. We have years of experience in defending clients against all kinds of felony allegations, including those with the designation of dangerous offenses. We do everything in our power to get you a positive outcome in your case. Contact us to discuss the specifics of your dangerous crime case today.
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