Registrato: 01/07/19 09:19
|For those who are experiencing being arrested for the first time , this can be extremely traumatic and life changing.
Once the shock of actually getting arrested and being charged with a crime begins to wear off, you may start to worry about more practical considerations. These would likely include critical matters such as what potential sentence you are facing for the offense you are charged with committing.
A good criminal lawyer can help, but only so far. This is because Arizona uses sentencing guidelines, much like the U.S. Federal Court system uses, to guide judges in determining what sentence may be appropriate. While the guidelines are intended to create a more uniform and fair system of sentencing among defendants and courts , they can be complicated to understand and interpret.
Offenses in Arizona are first separated into misdemeanors and felonies, with felonies being the more serious offenses. Misdemeanors are further divided into class one through class three with class one being the more serious. Felonies are divided into non-dangerous and dangerous felonies. Felonies are further sub-divided into class one through class six, with class one being the most serious. The potential penalties for the crime with which you have been charged will depend first on the level of the crime.
Each level of crime has a presumptive term of incarceration which is basically the starting point for a judge looking at a sentence. For example, a class four felony carries a presumptive sentence of 2.5 years. This is the sentence the judge may impose if all other factors balance out, or without any additional considerations. Along with the presumptive sentence , each class also carries a minimum and maximum sentence range. That same class four felony carries a minimum sentence of 1.5 years and a maximum of 3 years.
There are yet another set of parameters which may be used when determining your sentence for that same class four felony. Each class also has a mitigated and aggravated sentence associated with it. For a class four felony, the mitigated sentence is one year and the aggravated sentence is 3.75 years. For a judge to sentence you to the mitigated sentence, your must present mitigating factors to the court. A mitigator, in general, is something good about you or something which makes the crime you committed less serious than other similar crimes. An aggravator , on the other hand is not good for you. An aggravator is something the state presents to the court which makes you look worse, or the crime itself worse than other similar crimes.
While the sentencing ranges mentioned above may seem confusing, Arizona adds another layer to the guidelines by taking into consideration any past offenses for which you have been convicted. You are subject to a more lengthy sentence if you have one or more previous convictions. Previous convictions can add years to your sentence as well as make you ineligible for probation.
Finally, while offenses are separated into misdemeanors and felonies, the felonies are further classified as dangerous and non-dangerous. Dangerous felonies , not surprisingly, carry the potential for a more lengthy incarceration than non-dangerous felonies. A class four dangerous offense, for example, carries a presumptive sentence of six years–a full 3.5 years more than its non-dangerous counterpart.
Ben Nichols writes in particular niches for his internet centered customers. He writes about his property state of Arizona, guns , politics, and more. http:www.alexandgaxiola.
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