Prior Convictions in Arizona

Robert A. Dodell, Attorney at Law Announced Its Legal Services in Tempe, AZ
July 19, 2017
Proposition 200 Probation for Drug Offenses
August 9, 2017

Arizona has a detailed definition of “historical prior felony conviction” which is found at A.R.S. § 13-105(22).

 

The following are all considered a “historical prior felony conviction”:

  • Any prior felony conviction that mandated a term of imprisonment except for a violation of Chapter 34, Title 13 involving a drug below the threshold amount. See R.S. § 13-105(22)(a)(i).
  • Any prior felony conviction that involved a dangerous offense. See R.S. § 13-105(22)(a)(ii). A “dangerous offense” is any offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See A.R.S. § 13-105(13).
  • Any prior felony conviction that involved the illegal control of a criminal enterprise. See R.S. § 13-105(22)(a)(iii). Surprisingly, “criminal enterprise” is not defined in the Arizona Revised Statutes or case law. The State would most likely argue that any prior felony conviction where a person was convicted along with one or more co-defendants was “involved in the illegal control of a criminal enterprise.”
  • Any prior felony conviction that involved aggravated driving under the influence of intoxicating liquor or drugs. See R.S. § 13-105(22)(a)(iv).
  • Any prior felony conviction that involved any dangerous crime against children as defined in A.R.S. § 13-705. See R.S. § 13-105(22)(a)(v). A “dangerous crime against children” is basically any sexual or violent crime where the victim is under age 18.
  • Any Class 2 or 3 felony other than those listed in subsection (a) above that was committed within the ten years immediately preceding the date of the present offense. See R.S. § 13-105(22)(b).
  • Any Class 4, 5 or 6 felony other than those listed in subsection (a) above that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(c).
  • Any felony conviction that is a third or more prior felony conviction. For the purposes of this subsection, “prior felony conviction” includes any offense committed outside of Arizona that was punishable by that jurisdiction as a felony. See R.S. § 13-105(22)(d).
  • Any offense committed outside of Arizona that was punishable by that jurisdiction as a felony and that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(e).
  • Any offense committed outside of Arizona that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury and that was punishable by that jurisdiction as a felony. A person who has been convicted of a felony weapons possession violation in any court outside of Arizona that would not be punishable as a felony under the laws of Arizona is not subject to this paragraph. See R.S. § 13-105(22)(f).

 

If you or a loved one has historical prior felony convictions, you need an experienced attorney. Attorney Robert A. Dodell has over thirty years experience. Call him today for a free consultation.