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Category Archives: Arizona Revised Statutes

November 9, 2024
Posted on Author By admin Categories Arizona Revised Statutes, General

Class 4 Felony Crimes in Arizona

Understanding Class 4 Felonies in Arizona

Class 4 felonies are considered mid-level felonies in Arizona’s six-class felony system, with Class 1 being the most serious and Class 6 the least. While not as severe as Class 1 or Class 2 felonies, Class 4 felonies carry significant penalties that can impact your life profoundly.

Common Class 4 Felony Offenses

Arizona recognizes over 90 Class 4 felony offenses, including:

  • Aggravated Assault
  • Negligent Homicide
  • Third-Degree Burglary
  • Extortion
  • Robbery
  • Forgery
  • Identity Theft
  • Perjury
  • Vehicular Homicide
  • Child or Vulnerable Adult Abuse

Other less common offenses include altering livestock brands, attempting to influence a juror, theft of protected native plants, and smuggling.

 

How Class 4 Felonies Fit into Arizona’s Felony System

  • Class 1 Felonies: Reserved for the most serious crimes, such as first and second-degree murder, carrying life imprisonment or the death penalty.
  • Class 2 Felonies: Include severe offenses like aggravated assault with a deadly weapon, possession of dangerous drugs with intent to sell, and sexual assault of a minor.
  • Class 3 Felonies: Encompass crimes like burglary, aggravated identity theft, and serious drug offenses.
  • Class 5 Felonies: Cover offenses such as stalking, credit card theft, and aggravated domestic violence.
  • Class 6 Felonies: The least severe felonies, sometimes reduced to misdemeanors, known as “wobblers.”

Penalties for Class 4 Felony Convictions

A Class 4 felony conviction can result in:

  • Prison Sentence: Ranging from 1 to 15 years, depending on various factors.
  • Fines: Up to $150,000, excluding surcharges.
  • Restitution: Compensation to victims for losses incurred.
  • Probation and Community Service: Additional conditions imposed by the court.

Factors Affecting Sentencing

  • Prior Felony Convictions: Previous convictions can increase sentencing ranges.
  • Nature of the Offense: Whether the crime is classified as dangerous or non-dangerous.
  • Mitigating Factors: Circumstances that may reduce the severity of the sentence.
  • Aggravating Factors: Circumstances that may increase the severity of the sentence.

 

Dangerous vs. Non-Dangerous Class 4 Felonies

Dangerous Offenses

  • Definition: Crimes involving the use or threat of a deadly weapon, or causing serious physical injury.
  • Sentencing: Not eligible for probation; carry harsher penalties.
  • Examples: Aggravated assault with a deadly weapon, armed robbery, sexual exploitation of a minor.

Non-Dangerous Offenses

  • Definition: Crimes that do not involve deadly weapons or serious physical injury.
  • Sentencing: May be eligible for probation or reduced sentencing.

Sentencing Guidelines for Class 4 Felonies

First-Time Offenders (Non-Dangerous)

  • Mitigated Sentence: 1 year
  • Minimum Sentence: 1.5 years
  • Presumptive Sentence: 2.5 years
  • Maximum Sentence: 3 years
  • Aggravated Sentence: 3.75 years

Offenders with One Prior Felony (Non-Dangerous)

  • Mitigated Sentence: 2.25 years
  • Minimum Sentence: 3 years
  • Presumptive Sentence: 4.5 years
  • Maximum Sentence: 6 years
  • Aggravated Sentence: 7.5 years

Offenders with Two or More Prior Felonies (Non-Dangerous)

  • Mitigated Sentence: 6 years
  • Minimum Sentence: 8 years
  • Presumptive Sentence: 10 years
  • Maximum Sentence: 12 years
  • Aggravated Sentence: 15 years

An infographic with the title 'Penalties for Non-Dangerous Class 4 Felonies,' displaying a table with columns for Mitigated Sentence, Minimum Sentence

Sentencing for Dangerous Class 4 Felonies

First-Time Offenders

  • Minimum Sentence: 4 years
  • Presumptive Sentence: 6 years
  • Maximum Sentence: 8 years

One Prior Felony Conviction

  • Minimum Sentence: 8 years
  • Presumptive Sentence: 10 years
  • Maximum Sentence: 12 years

Two or More Prior Felony Convictions

  • Minimum Sentence: 12 years
  • Presumptive Sentence: 14 years
  • Maximum Sentence: 16 years
  • An infographic with the title 'Penalties for Dangerous Class 4 Felonies,' displaying a table with columns for Minimum Sentence, Presumptive Sentence,

Class 4 Felonies Involving Crimes Against Children

Convictions involving child victims carry even harsher penalties under Arizona law (ARS § 13-705):

  • Minimum Sentence: 10 years
  • Maximum Sentence: Up to 35 years
  • Note: Sentencing depends on whether the offense is a first-time or repeat offense.

Statute of Limitations for Class 4 Felonies

  • Time Limit: 7 years from the date of the alleged offense.
  • Tolling: The statute pauses if the defendant is not physically present in Arizona.

Why You Need Experienced Legal Representation

A Class 4 felony conviction can have life-altering consequences, including:

  • Loss of Freedom: Significant prison time.
  • Financial Hardship: Substantial fines and restitution.
  • Permanent Criminal Record: Affecting employment and housing opportunities.
  • Loss of Civil Rights: Including the right to vote and possess firearms.

How Attorney Theodore Agnick Can Help

Attorney Theodore Agnick at Ted Law is dedicated to:

  • Protecting Your Rights: Ensuring fair treatment throughout the legal process.
  • Thorough Case Investigation: Analyzing evidence and identifying weaknesses in the prosecution’s case.
  • Strategic Defense Planning: Crafting a defense tailored to your specific circumstances.
  • Aggressive Representation: Advocating for reduced charges or dismissal when possible.

Contact Ted Law for a Free Consultation

If you’re facing Class 4 felony charges in Arizona, immediate action is crucial.

Call us 24/7 at (602) 453-3100 for a free, confidential consultation. Let Attorney Theodore Agnick at Ted Law provide the skilled defense you need to navigate this challenging time.

Frequently Asked Questions

What are mitigating factors in sentencing?

  • Mitigating factors can include your age, minor role in the offense, acting under duress, or having good character. These can potentially reduce your sentence.

What are aggravating factors?

  • Aggravating factors include use of a deadly weapon, premeditation, involvement of an accomplice, or causing serious harm to the victim. These can increase the severity of your sentence.

Can a Class 4 felony be reduced to a misdemeanor?

  • In some cases, especially with Class 6 felonies known as “wobblers,” a felony charge can be reduced. However, reducing a Class 4 felony is more challenging and requires skilled legal negotiation.

Protect Your Future with Ted Law

Facing felony charges is overwhelming, but you don’t have to face them alone. Attorney Theodore Agnick is committed to providing aggressive and effective legal representation.

Contact us today at (602) 453-3100 to discuss your case and learn how we can help protect your rights and future.

Disclaimer: The information provided is for general informational purposes and is not legal advice. Every case is unique, and you should consult with an attorney for advice regarding your specific situation.

October 13, 2024
Posted on Author By admin Categories Arizona Revised Statutes, Criminal Defense, General

Class 3 Felony Crimes in Arizona

Arizona law categorizes crimes into two main types: misdemeanors and felonies. Felonies are more serious offenses that carry heavier penalties, including longer prison sentences, higher fines, and lasting impacts on your life.

If you’re accused of a criminal offense in Arizona, it’s crucial to seek immediate legal assistance. Attorney Theodore Agnick at Ted Law specializes in defending clients against felony charges. Contact us 24/7 at (602) 453-3100 for a free consultation.

Understanding Class 3 Felonies in Arizona

A Class 3 felony is considered a mid-level felony in Arizona’s classification system, which includes six classes—Class 1 being the most severe and Class 6 the least. Understanding where Class 3 felonies stand can help you grasp the seriousness of the charges against you.

How Class 3 Felonies Fit into Arizona’s Felony System
Class 1 Felonies: Reserved for the most serious crimes, such as first and second-degree murder.

Class 2 Felonies: Include severe offenses like aggravated assault with a deadly weapon, possession of dangerous drugs with intent to sell, first-degree burglary involving a firearm, and sexual assault of a minor.

Class 4 Felonies: Encompass crimes like possession of narcotics, forgery, robbery, theft between $3,000 and $4,000, and certain types of aggravated assault.

Class 5 Felonies: Cover offenses such as stalking, credit card theft, criminal damage, credit card fraud over $1,000, and aggravated domestic violence.

Class 6 Felonies: The least severe felonies, often called “wobblers” because they can sometimes be reduced to misdemeanors.

Common Class 3 Felony Offenses in Arizona

Arizona recognizes over 40 specific Class 3 felony crimes, including:

Discharging a Firearm at a Non-Residential Structure
Sexual Abuse (especially if the victim is under 15 years old)
Dangerous Crimes Against Children
Second-Degree Burglary
Certain Types of Aggravated Assault
Transportation and Sale of Dangerous or Narcotic Drugs
Theft of Means of Transportation
Aggravated Robbery
Specific Types of Stalking
Threatening or Intimidating Under Certain Conditions
Serious Drug Offenses Involving Dangerous or Narcotic Drugs
Hit-and-Run Accidents Involving Death or Personal Injury
For a comprehensive list of Class 3 felony crimes in Arizona, click here.

Dangerous vs. Non-Dangerous Class 3 Felonies

Class 3 felonies are further classified into:

Dangerous Offenses
Involve the use or threat of a deadly weapon.
Include causing serious physical injury.
Not eligible for probation, even for first-time offenders.
Examples: Aggravated robbery, aggravated assault, kidnapping, discharging a firearm at a non-residential building, attempting to commit a Class 2 felony.

Non-Dangerous Offenses
Do not involve deadly weapons or serious physical injury.
May be eligible for probation or reduced sentencing.
Statute of Limitations for Class 3 Felonies
The statute of limitations for Class 3 felonies in Arizona is seven years from the date of the alleged offense. Note that this period pauses if the defendant is not physically present in the state.

Penalties for Class 3 Felony Convictions

Sentencing for a Class 3 felony varies based on several factors, including prior convictions and whether the offense is classified as dangerous.

Sentencing Ranges for First-Time, Non-Dangerous Offenders
Mitigated Sentence: 2 years
Minimum Sentence: 2.5 years
Presumptive Sentence: 3.5 years
Maximum Sentence: 7 years
Aggravated Sentence: 8.75 years
Sentencing for Offenders with Prior Felony Convictions
One Prior Felony:
Range: 3.25 to 16.25 years
Two or More Prior Felonies:
Range: 7.5 to 25 years
Mitigating and Aggravating Factors

When determining a sentence, the court considers:

Mitigating Factors
Defendant’s Age: Younger offenders may receive leniency.
Minor Role in the Offense: If the defendant played a lesser part.
Duress or Coercion: Acting under pressure or threats.
Good Character: Demonstrated through community involvement or lack of prior criminal history.
Aggravating Factors
Use of a Deadly Weapon: Enhances the severity of the crime.
Premeditation: Planning the crime in advance.
Accomplice Involvement: Committing the crime with others.
Serious Physical Injury to the Victim: Increases penalties significantly.
At least two mitigating or aggravating factors must be present to influence the sentencing range.

Why You Need Experienced Legal Representation

A Class 3 felony conviction can have life-altering consequences, including:

Lengthy Prison Sentences
Substantial Fines
Permanent Criminal Record
Loss of Civil Rights: Such as the right to vote or possess firearms.
Employment Challenges
Impact on Personal Relationships and Reputation

How We Can Help

Theodore Agnick at Ted Law is highly skilled in defending clients facing serious felony charges. We will:

Thoroughly Investigate Your Case: Examine all evidence to build a strong defense.
Protect Your Rights: Ensure your constitutional rights are upheld throughout the legal process.
Develop a Strategic Defense: Tailor our approach based on the specifics of your case.
Advocate Aggressively: Fight for the best possible outcome, whether through negotiation or trial.
Contact Ted Law for a Free Consultation
If you’re facing Class 3 felony charges in Arizona, time is of the essence. Early intervention can make a significant difference in the outcome of your case.

Call us 24/7 at (602) 453-3100 for a free, confidential consultation. Let Attorney Theodore Agnick at Ted Law provide the skilled defense you need to protect your rights and future.

Frequently Asked Questions

What distinguishes a dangerous offense from a non-dangerous one?

A dangerous offense involves the use or threat of a deadly weapon, causing serious injury, or discharging a firearm. These offenses carry harsher penalties and are not eligible for probation.
Is it possible to reduce a Class 3 felony to a lesser charge?

While challenging, it may be possible to negotiate reduced charges or sentencing with the help of an experienced attorney, depending on the specifics of your case.

How does prior criminal history affect sentencing?

Previous felony convictions can significantly increase sentencing ranges, leading to longer prison terms.

Protect Your Future with Ted Law
Facing felony charges is overwhelming, but you don’t have to navigate this challenging time alone. Attorney Theodore Agnick is dedicated to providing aggressive and effective legal representation.

Contact us today at (602) 453-3100 to discuss your case and learn how we can help you navigate the complexities of Arizona’s legal system.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a qualified attorney to discuss your specific situation.

July 21, 2024
Posted on Author By admin Categories Arizona Revised Statutes, Assault & Violent Crimes, Criminal Defense, Defense Strategies, Firearms Crimes

WHAT DEFINES SELF-DEFENSE IN ARIZONA?

What is considered self-defense in Arizona? Am I permitted to protect myself if I am under the belief that someone is going to harm me?

Yes, you can as long as your actions are reasonable. Below, learn more about the self-defense laws in the state of Arizona. For additional questions, it is always best to consult with a qualified criminal defense attorney in Prescott.

Arizona Self-Defense Laws

The specific statutes for self-defense in Arizona are listed under Arizona Revised Statutes § 13-404 and § 13-405. Under the Arizona Revised Statutes § 13-404, physical force or the threat of physical force, but not deadly physical force, may be used in defense. A person is justified in using or threatening to use physical force against another when and to the extent that a reasonable person would believe that physical force is immediately necessary to protect oneself against the other’s use or attempted use of unlawful physical force.

However, the following exceptions apply:

  • You must not use or threaten physical force just because someone has used offensive words to you. You cannot rely on threats of harm alone to justify the use of force.
  • You cannot use, or threaten to use, physical force to resist an arrest by someone you know, or should reasonably know, is a peace officer, whether the arrest is legal or not. The exception to this rule is when the officer uses excessive force beyond that which he or she is permitted to use by law.
  • You cannot use or threaten physical force if you provoked the other person’s use or attempted use of unlawful physical force. However, you can do so if you withdrew from the situation and clearly communicated your intent to do so, and the other person continued or attempted to use unlawful physical force against you.

The real question will be whether a reasonable person would have believed that physical force or the threat of force was necessary to protect oneself from another person’s unlawful use of force.

Self-defense by means of deadly physical force is addressed in Arizona Revised Statutes § 13-405. Section 13-404 justifies you in using force, and you may use deadly physical force when “and to the degree that a reasonable person would believe that deadly physical force is immediately necessary to protect oneself against the other’s use or attempted use of unlawful deadly physical force.” That would, of course, include drawing a gun or using other deadly force, but only if you reasonably believe the other person is using or attempting to use deadly physical force against you and immediate action is necessary.

Again, this will boil down to whether your acts were reasonable. This is a very fact-intensive question that you should not try to answer on your own without consulting a qualified lawyer familiar with Arizona self-defense law. The criminal defense lawyers at TedLaw in Prescott are aware of and have represented a variety of self-defense cases, including those where individuals face criminal charges for defending themselves. Contact them to schedule an appointment to discuss the best approach to dealing with your self-defense issue.

January 23, 2024
Posted on Author By admin Categories Arizona Revised Statutes, Criminal Defense, Firearms Crimes

What Guns Can I Possess in Arizona?

Prescott Gun Rights Lawyer

 

Weapons and Firearms Attorney in Prescott, AZ

Arizona boasts permissive laws concerning firearms and weapons compared to many other states. Despite this permissiveness, the repercussions for violating Arizona’s gun laws can be severe. At TED Law in Prescott, our dedicated team is focused on safeguarding the Second Amendment rights of our clients and assisting those confronting criminal charges related to firearms. We emphasize the importance for Arizona residents to comprehend their rights under the law to avoid potential legal issues.

Legal Firearms

In accordance with Arizona law, residents enjoy the freedom to own and possess a diverse range of firearms. Section § 13-3101 of the Arizona Criminal Code defines a firearm as any “handgun, pistol, revolver, rifle, shotgun, or other weapon” utilizing an explosive to expel a projectile. Notably, BB guns, pellet guns, and other air-powered guns fall outside this definition. The legal characterization of a firearm also excludes guns that are permanently inoperable.

Arizona does not mandate obtaining a license or registration for purchasing or owning a gun. Individuals aged 18 or older can buy a legal firearm from a private individual, while purchasing from a federally-licensed dealer requires individuals to be at least 21 years old. Additionally, individuals must be legally permitted to possess a firearm. Legal firearms in Arizona encompass:

  • Semi-automatic firearms: Guns capable of rapid succession firing with each round requiring a separate trigger pull.
  • “Assault” weapons: Rifles or shotguns featuring specific aesthetic and functional features like a detachable magazine, folding stock, or pistol grip. Semi-automatic assault weapons are permissible in Arizona.

Illegal Firearms

Arizona gun laws designate very few firearms as illegal. Prohibitions include:

  • Automatic weapons (machine guns): Firearms firing more than one round with a single action of the trigger.
  • Short-barreled rifles: Rifles with barrels less than 16 inches long.
  • Short-barreled shotguns: Shotguns with barrels less than 18 inches long.
  • Sawed-off weapons: Rifles or shotguns modified to an overall length of less than 26 inches.

Prohibitions also extend to silencers or devices designed to muffle firearm reports, as well as the purchase, sale, or possession of explosive devices like bombs, rockets, grenades, or mines.

The Sale and Transfer of Guns

Private individuals in Arizona retain the right to sell or transfer firearms without background checks or state registration requirements. However, selling or transferring firearms to a prohibited possessor may result in weapons misconduct charges.

Arizona law prohibits local municipalities, including city and county governments, from enacting regulations, ordinances, or taxes related to firearms or ammunition possession, sale, transfer, licensing, or registration.

Protecting Your Rights in Prescott

For comprehensive information on permissible gun types under Arizona law, reach out to our office. Call 602-453-3100 for a confidential consultation at TED Law, offering a broad spectrum of legal services to address questions about gun rights and assist those facing criminal charges related to weapons violations. Our firm serves clients in Prescott, Yavapai County, and surrounding areas.