Law Offices of Joshua S. Davidson, PLC
  • Home
  • Firm Profile
  • Practice Areas
  • FAQ
  • Results
  • Contact Us
  • Menu

    Home
    Firm Profile
    Practice Areas
    Geographic Areas
    Phoenix Criminal Defense Blog
    FAQ
    Results
    Video Center
    Case Evaluation
    Contact Us
    Site Map
  • Phone

  • Contact

  • Map

Available 24/7 - Free Consultation 602.493.3600

Let a Former Prosecutor Fight For You

Phoenix Criminal Defense Blog 2012 June Arizona Sentencing Laws Complex and Harsh For All First-Time and Repeat Offenders
Previous Post  |  Next Post

Arizona Sentencing Laws Complex and Harsh For All First-Time and Repeat Offenders

Posted By Phoenix Criminal Defense Attorney || 11-Jun-2012

With the Arizona mandatory sentencing scheme, Courts have plausible prison terms. The term is what is considered the proper sentence - they can be reduced under certain justifying circumstances or increased based on certain infuriating circumstances.

3 Key Reasons Why Mandatory Sentencing Laws Were Passed

In the late 1970s, mandatory sentencing laws were passed by the legislature… for several reasons:

1. These mandatory sentencing laws required prison time for any person found legally guilty for a felony offense should their record already have a felony conviction.

2. They also give mandatory prison time for any person, including those first-time felons, if they're guilty of certain perilous crimes. What constitutes perilous crimes? It's those that involve some type of weapon or instrument that can harm a person. These offenses are usually charged as:

  • Kidnappings
  • Armed Robberies
  • Aggravated Assaults

3. They were designed to punish people who are guilty of sex crimes or crimes against children. Sexual assault crimes tend to involve rape, which has a mandatory minimum sentence of five years with an ostensible term of 7.5 years and no more than 14 years in prison.

A General Understanding Of What Flat Time Means

Flat time means a person must service their sentence day by day with no chance of early release. For instance, the most serious part of mandatory sentence laws are the crimes that are against children:

A person who is convicted of child molestation, whether it's indirect or direct contact with the genitalia (clothed or unclothed) must serve a flat time of 10 years, with a possible sentence of 17 years and no more than 24 years in prison, with no possibility of parole.

A person convicted of sexual conduct with a minor, which includes some penetration or sexual act, must serve at least 13 years in prison, with a possibility of 20 years and no more than 27 years behind bars with no chance of early release.

Federal and State Sentencing Patterns Are Quite Complex

Bear in mind that this is just an overview of the sentencing structure and individual circumstances of what can become a very complicated process is often based on the facts of an alleged crime or if the prosecutor is charging a person with multiple crimes within the same indictment.

Of course, the Arizona sentencing pattern is much more complex than the above explanation. Thus, for any person convicted of a crime in Arizona, it's necessary to have an experienced, knowledgeable attorney to navigate the different challenges in the legal system.

Remember that the federal sentencing structure is also extremely complex. In the mid-1980's, the United States Congress approved the passing of the Federal Sentencing Act. This act provided courts a set of complex formulas, which resulted in sentencing guidelines for the U.S. District Court for defendants who have pleaded guilty or have been convicted of a federal crime.

There are mitigating factors that play into how long a convicted person stays in prison – the range of their sentence. There are reasons brought forward in the sentencing code that allows a U.S. District Judge to veer from the guidelines, upward or downward, when trying to come up with the appropriate sentence.

Be sure to contact an experienced, knowledgeable defense attorney at the Law Offices of Joshua S. Davidson, PLC, if you're charged with a felony that could fall under either the federal sentencing guidelines or Arizona Mandatory Sentencing Laws. He/she must be able to challenge the evidence the state or federal prosecution has against you.

Categories: Criminal Defense, Sentencing Laws

Share Post

Practice Areas

How Can We Help You?

  • Bench Warrants
  • Child Abuse
  • Criminal Damage
  • Domestic Violence
  • Restraining Order Violations
  • Drug Crimes
  • Cocaine
  • Crystal Meth
  • Cultivation
  • Distribution
  • Dangerous Drugs
  • Doctor Shopping
  • Drug Possession
  • Drug Smuggling
  • Drug Trafficking
  • Ecstasy
  • First Time Drug Charges
  • Importation
  • Marijuana
  • Narcotic Drugs
  • Possession with Intent to Distribute
  • Prescription Drugs
  • Sales
  • Transportation
  • Types of Illegal Substances
  • Heroin
  • Criminal Defense Home
  • DUI
  • Aggravated DUI
  • Alcohol Absorption
  • BAC
  • Blood & Breath Tests
  • Challenging DUI Evidence
  • DUI & Drugs
  • Extreme DUI
  • Felony DUI
  • Field Sobriety Test
  • First Time DUI
  • Hit and Run DUI
  • Refusal of Blood or Breath Tests
  • Criminal Defense Home
  • Expungements
  • Forgery
  • Fraud
  • Hit and Run
  • Internet/Computer Crimes
  • Juvenile Crimes
  • Kidnapping
  • Unlawful Imprisonment
  • Post Conviction Issues
  • Property Offenses
  • Probation Violation
  • Reckless Driving
  • Sex Crimes
  • Child Pornography
  • Solicitation
  • Sex with a Minor
  • Luring a Minor
  • Theft Crimes
  • Aggravated Robbery
  • Armed Robbery
  • Burglary
  • Car Theft
  • Robbery
  • Shoplifting
  • Trespassing
  • Unlawful Flight
  • Violent Offenses
  • Aggravated Assault
  • Arson
  • Assault
  • Dangerous Crimes
  • Disorderly Conduct
  • Endangerment
  • First Degree Murder
  • Manslaughter
  • Negligent Homicide
  • Resisting Arrest
  • Second Degree Murder
  • Stalking/Harassment
  • Unlawful Discharge
  • Vehicular Manslaughter
  • Weapons Charges
  • Concealed Weapons
  • White Collar
  • Credit Card Theft
  • Embezzlement

Contact the Law Offices of Joshua S. Davidson, PLC

Send My Information
Law Offices of Joshua S. Davidson, PLC
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us

Call Today (602) 493-3600

Law Offices of Joshua S. Davidson, PLC - Phoenix Criminal Defense Lawyer
11811 North Tatum Blvd, Suite 3031, Phoenix, AZ 85028 View Map
Phone: (602) 493-3600
Website: https://www.jdavidsonlaw.com/
© 2018 All Rights Reserved.
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.