Any crime committed with the use of a deadly weapon or a dangerous instrument, or a crime which inflicts serious bodily harm on the victim may be classified as a dangerous offense. Such crimes are prison mandatory, even for first time offenders and are sentenced to an elevated term of prison compared to non-dangerous offenses of the same level of felony and historical prior status. (See Dangerous Offenses Sentecing Chart, below)
In charging a case as a dangerous offense, the prosecutors in effect "up the ante." Often prosecutors will attempt to force defendants to plea to harsh and unfair prison terms, because they know that the Court cannot give probation after a conviction at trial. The decision to have a trial becomes more risky as the penalties get more strict. For this reason it is important to examine every way in which such a case may be faught and employ all defense weapons necessary. Where needed, expert witnesses and investigators can be employed to put together the best defense possible and ensure the most beneficial outcome for a client.
As an experienced criminal defense attorney Mr. Borrelli works hard to prevent his clients from having to serve long prison terms. In many cases, the prosecuting agencies of Arizona, will overcharge offenses. Mr. Borrelli will fight to ensure that such overcharging does not stand where inappropriate. In many instances, motions to strike the allegation of dangerousness can successfully remove a case from the category of dangerous offenses to non-dangerous. This can lead to probation eligibility even if a conviction occurs.
Additionally, Mr. Borrelli will work hard to secure plea offers to non-dangerous criminal offenses for those accused of dangerous crimes. In this way, they can often be assured a sentence of probation if they choose not to fight their case at trial.
Below is the Arizona sentencing chart for dangerous crimes in the State of Arizona:
(UPDATED SENTENCING CHART COMING SOON)
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BORRELLI LAW OFFICE P.L.L.C. 2828 N. Central Avenue Suite 890 Phoenix, Arizona 85004 Phone: 602-258-1850 Fax: 602-467-3008 Serving Clients throughout the Valley and the State of Arizona including criminal and DUI Charges in Phoenix, Mesa, Scottsdale, Glendale, Chandler, Gilbert, Tempe, Avondale, Goodyear, Surprise, Fountain Hills, Florence, Apache Junction |
Disclaimer: This web site is designed for general information only and should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Every case is unique and you should consult and experienced arizona criminal/dui attorney regarding the details of your particular case.
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