ARS § 13-704 – Dangerous Offenses in Arizona Criminal Law

ARS § 13-704 is the Arizona law that increases the penalties for a conviction for a dangerous offense. A dangerous offense is a felony crime that involves either:

• the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or
• the intentional or knowing infliction of serious physical injury on someone else.¹

1. How does ARS-13-704 define a dangerous offense?

A dangerous offense is a type of crime under Arizona’s criminal code. Crimes in the state become dangerous offenses if they either:

• involve the discharge, use, or the threatening exhibition of a deadly weapon or dangerous instrument, or
• intentionally or knowingly cause a serious physical injury.²

If a criminal offense satisfies either of these requirements, it will be treated as a dangerous offense. The defendant will face a longer potential prison sentence.³

Example: Clyde commits an aggravated assault when he punches a school teacher, causing only a minor injury. This would likely not be a dangerous offense. However, if Clyde’s punch caused a serious physical injury, or if Clyde attacked the teacher with a crowbar, it could be a dangerous offense.

Some criminal offenses are inherently dangerous, while others are not.⁴ For example, first-degree murder and second-degree murder are both inherently dangerous crimes because the victim will have always suffered a serious physical injury.⁵ First-degree burglary, though, is not inherently dangerous because, while it requires the defendant to possess a deadly weapon or dangerous instrument during the crime, it does not require the defendant to use it or threaten someone with it.⁶

When the offense is not inherently dangerous, like domestic violence or sex trafficking, the prosecutor has to prove its dangerousness to the jury beyond a reasonable doubt. This happens at the sentencing hearing or at the aggravation stage of the trial in superior court. The dangerousness of the offense cannot be mentioned during the guilt stage of the trial.⁷

If the crime was a dangerous offense, a conviction will come with an enhanced prison sentence. Having a criminal defense attorney to protect your civil rights and interests at this point in the process is essential.

2. What is a deadly weapon?

A deadly weapon is anything that is designed to be lethal.⁸ This includes:

• any firearm, whether loaded or unloaded, including any device that uses an explosion to shoot a projectile, except for a permanently inoperable firearm,⁹ and
• a pellet gun.¹⁰

However, whether a particular object is a deadly weapon is usually one for the jury or the trier of fact to decide.¹¹

3. What is a dangerous instrument?

A dangerous instrument is readily capable of causing death or a serious injury under the circumstances.¹²

Examples include:

• a knife,¹³
• a pocket knife,¹⁴
• fire,¹⁵ and
• a motor vehicle, but only for crimes like aggravated assault or manslaughter, and not for driving under the influence (DUI).¹⁶

Again, whether a particular object is a dangerous instrument is often something for the jury to determine.¹⁷

4. What is a serious physical injury?

A serious physical injury is one that:

• comes with a reasonable risk of death,
• causes a serious and permanent disfigurement,
• seriously impairs the health of the victim, or
• impairs the function of a body organ or limb for a protracted period of time.¹⁸

Some examples have included:

• a fracture to the orbital floor of the victim’s eye, causing double vision and the risk of infection,¹⁹
• an open nasal fracture that changed the appearance of the victim’s nose and left her with persistent nosebleeds,²⁰ and
• a broken and dislocated femur and hip socket, requiring extensive surgery.²¹

These injuries have to be physical, not emotional.²² Serious injuries that are common in sexual assaults, like the breaking of the victim’s hymen, are often not considered to be serious physical injuries.²³

5. What are the penalties for committing a dangerous offense?

If a crime is a dangerous offense, it will be punished under Arizona Revised Statutes 13-704. The prison sentence will be longer and more severe than if the offense was not a dangerous one.

For example, under Arizona’s felony sentencing chart, if a defendant with no historical prior felony convictions is convicted for a non-dangerous Class 3 felony, then he or she will face the following sentencing range, based on the presence of any aggravating factors or mitigating factors²⁴:

Mitigated sentence	Minimum sentence	Presumptive sentence	Maximum sentence	Aggravated sentence
2 years	2 years and 6 months	3 years and 6 months	7 years	8 years and 9 months

However, if any of the requirements are met to make the offense a dangerous one, the sentencing range increases dramatically²⁵:

Minimum term	Presumptive term	Maximum term
5 years	7 years and 6 months	15 years

Furthermore, by saying that the defendant “shall be sentenced,” Arizona’s sentencing provisions require that defendants convicted for a dangerous offense face mandatory prison time.²⁶ They are also generally ineligible for:

• parole,
• probation,
• suspended sentences, or
• other forms of early release from confinement.²⁷

Convicted defendants will also spend years on probation. Additionally, their prison term will increase if:

• it was not the defendant’s first offense or first felony offense, or
• the defendant is a repetitive offender for a subsequent offense.²⁸

Misdemeanor offenses are not subject to this enhanced prison sentence for being dangerous crimes.²⁹ The enhancement only applies to felonies because they are more serious offenses.³⁰

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