AZ Sentencing Blog

We decided to take a look this week at Arizona’s felony sentencing scheme and describe how it works. So, to start, let’s take a look at some common terms.

• Sentencing Range. The range of imprisonment that can be charged for a class of offenses from the least to the most. For example, a basic class 6 felony, can receive a range of 4 months prison to two years in prison. There can be multiple sentencing ranges for the same offense, depending on how it was committed and who committed it.
• Presumptive Sentence. The presumptive sentence is the “midpoint” of the sentencing range. It is the sentence that the legislature “presumes” the judge will impose absent additional information about the defendant. For the class 6 felony mentioned above, the presumptive is one year. Be aware that each different sentencing range has its own presumptive sentence.
• Enhanced Sentence. The enhanced sentence is simply a more severe sentencing range. Enhancers – things like prior felony convictions, probation status, sex offenses and gang status – if found by a jury, can change the sentencing range and “enhance” the sentence, resulting in more time served.
• Aggravated Sentence. An aggravated sentence is a sentence greater than the presumptive. It is increased by an aggravator, a factor that changes the sentence within a prescribed range without actually enhancing it. Typical aggravators, which also must be found by a jury, include things like using body armor in the commission of a crime, emotional or physical harm to the victim, or committing a crime for monetary gain or in a particularly cruel or heinous manner. In 2009, Law Offices of Michael Denea won a major victory before the Arizona Supreme Court in State v. Schmidt, 220 Ariz. 563 (2009),* which put limits on how the courts and prosecutors can aggravate a sentence. For a complete list of aggravators, check here:

As a general rule, the more aggravators there are, the more time the defendant is going to serve.

• Mitigators. A mitigating factor is a consideration that can move a sentence down or decrease the time served within a prescribed sentencing range. Typical mitigators include, but are not limited to, the age, health, and/or maturity of the defendant, the defendant’s remorse, and the defendant’s mental health or ability to appreciate the wrongfulness of the conduct. The more substantial the mitigators are, the less time the defendant is going to have to serve.

For more information about Arizona’s criminal sentencing programs, click here.. As you can see the criminal code can be complex and confusing. If you or a loved one is charged with a felony offense in Arizona, it is important to hire an attorney who has an understanding of the criminal sentencing statutes and how they work. At Law Offices of Michael Denea, we stand ready to assist with any type of felony. * To read the Schmidt opinion, click here: