Class 4 Felonies And The Categorical Penalties in Phoenix, AZ.
It should be noted that first-time offenders for non-dangerous offenses (no weapons or dangerous instruments used) are eligible for probation. A person can be sentenced for up to 4 years on probation for a Class 4 felony.
A repetitive offender is an individual who has a prior felony conviction – or several prior felony convictions – that occurred within a certain period of time prior to the new offense. Depending on the classification and age of the prior felony conviction, the State can use that prior felony conviction to enhance an individual’s sentence. Assuming the prior felony conviction is a “historical prior”, meaning it is not too old for the State to use as a sentencing enhancement, a person facing a Class 4 felony charge is looking at the following sentencing ranges:
One historical prior felony conviction: 2.25 years to 7.5 years in the Arizona Department of Corrections, with a presumptive term in prison of 4.5 years.
Two historical prior felony convictions: 6 years to 15 years in the Arizona Department of Corrections, with a presumptive term in prison of 10 years.
Take note, if a person is currently on felony probation and commits a new felony offense, the judge is obligated to sentence that person to no less than the presumptive term. What this means is that if an individual picks up a Class 4 felony while on probation for their first felony conviction, the law holds that he or she cannot be sentenced to anything less than 4.5 years in prison. In this instance, the court would then have a sentencing range of 4.5 year to 7.5 years.
If a person has two prior felony convictions, is on felony probation for at least one of them and is charged with a new Class 4 felony, the mandatory sentencing range the judge must follow is no less than 10 years in prison with a maximum sentence of 15 years.
Class 4 Dangerous Felonies are in a category of their own. Dangerous offenses are crimes where weapons or dangerous instruments (items that can be used as weapons) are used. Even if it is a first-time offense Dangerous Felonies carry a mandatory prison term. A Class 4 Dangerous felony mandates a sentence anywhere from 4 to 8 years, with the presumptive sentence being 6 years in the Arizona Department of Corrections.
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