ARS § 13-706 is the statute that enhances the penalties of a conviction for defendants with two or more prior convictions for serious criminal offenses. These defendants are referred to as serious, violent, or aggravated offenders. In many cases, the enhanced penalties can lead to a sentence of life imprisonment.
Defendants convicted of violent felonies face harsher prison terms in Arizona.
1. Who are serious, violent, or aggravated offenders?
ARS 13-706 makes the prison sentences harsher for serious, violent, or aggravated offenders. These are defendants who are facing criminal charges and who have 2 or more prior convictions for either:
- serious offenses, or
- violent or aggravated felonies.
The following crimes are considered to be a serious offense under the statute:
- first-degree murder,
- second-degree murder,
- manslaughter,
- an aggravated assault that amounts to a dangerous offense,
- sexual assault,
- a dangerous crime against children,
- arson of an occupied structure,
- armed robbery,
- first-degree burglary,
- kidnapping,
- sexual conduct with a child under 15 years of age, and
- child sex trafficking.[1]
While most of these offenses are felonies, a misdemeanor could still be considered a serious crime.
Convictions for serious offenses are some of the only ones that do not lead to an automatic restoration of a defendant’s right to possess a firearm if they manage to get the conviction set aside. Instead, defendants whose conviction has been set aside still have to wait 10 years to apply to restore these rights.[2]
The following offenses are violent or aggravated felonies:
- first-degree murder,
- second-degree murder,
- an aggravated assault that involved the infliction of a serious physical injury or the use or exhibition of a deadly weapon or dangerous instrument,
- a dangerous or deadly assault by a prisoner,
- assault with intent to incite or participate in a riot,
- drive-by shooting,
- armed robbery,
- discharging a firearm at an occupied residential building,
- first-degree burglary of an occupied residential building,
- arson of an occupied jail, prison, or other building,
- kidnapping,
- sexual assault,
- violent sexual assault,
- child molestation,
- continuous sexual abuse of a child,
- sexual conduct with a minor, if it would be a Class 2 felony,
- taking a child for the purpose of prostitution,
- child sex trafficking,
- sexual exploitation or commercial sexual exploitation of a minor,
- participating or assisting a criminal syndicate,
- leading or participating in a criminal street gang,
- terrorism, and
- the unlawful introduction of disease or parasite.[3]
Defendants with 2 or more prior convictions for these serious, violent, or aggravated offenses will face extra prison time and struggle to get early release.
Offenses that were committed in other states, but that would be considered to be one of these crimes in Arizona, count as an eligible prior conviction.[4]
To count as prior violent or aggravated felonies:
- the prior felony convictions must have happened within 15 years of the defendant’s current conviction, not including the time the defendant had spent in custody, on probation, or as a fugitive, and
- the sentence for each prior conviction must have been imposed before the criminal conduct began that led to each subsequent conviction.[5]
Being an accomplice or having criminal liability for another person also counts as a violent, aggravated, or serious offense.[6]
For example: TJ solicits Ben to commit an armed robbery. Even if TJ was not present during the event, it will still count as a serious offense under ARS 13-706.
ARS 13-706 makes serious, violent, or aggravated offenders ineligible for early release.
2. What are the sentencing enhancements in Arizona?
Defendants with 2 or more prior convictions for violent or aggravated felonies or for serious offenses will generally face life in prison under the State Department of Corrections. The statute also makes these offenders ineligible for many types of early release.
2.1 Prior convictions for serious offenses
Under ARS 13-706, subsection A, for a life sentence to be imposed, a defendant with prior convictions for serious offenses must be either:
- at least 18 years old, or
- tried as an adult and convicted for their current offense.[7]
The current conviction can be any completed or attempted serious offense, other than:
- first-degree murder,
- a drug offense, or
- a dangerous crime against children.[8]
The previous serious offenses must not have been committed on the same occasion to count as more than one prior conviction.[9]
If all of these requirements are met, the life sentence is mandatory. Until the defendant has served 25 years of his or her sentence or has had the sentence commuted, they are not eligible for:
- a suspended sentence,
- probation,
- a pardon, or
- most forms of early release.[10]
The only types of early release available are:
- prison work release,
- temporary release, or
- compassionate leave.[11]
Under ARS 13-706 defendants with 2 or more prior violent or aggravated felonies also may face mandatory life imprisonment
2.2 Prior convictions for violent or aggravated felonies
Under ARS 13-706, subsection B, defendants with 2 or more prior violent or aggravated felonies also face mandatory life imprisonment, unless:
- the court imposed a longer term of imprisonment,
- the court issued the death penalty, or
- another law imposes a shorter term.[12]
The defendant’s current conviction can be any committed, attempted, or conspiracy to commit an aggravated or violent felony offense. So long as the 2 or more prior violent or aggravated felonies were not committed on the same occasion, the current conviction will carry a mandatory life sentence.[13]
Just like with defendants convicted for serious offenses, defendants convicted for violent or aggravated felonies are ineligible for most forms of early release. Only after serving 35 years of their sentence are they eligible for a commutation of their sentence. They forever lose their eligibility for:
- a suspended sentence,
- probation,
- pardon, or
- any other form of early release.[14]
Legal References
[1] Arizona Revised Statute (ARS) 13-706(F)(1).
[2] ARS 13-905 and 13-910.
[3] ARS 13-706(F)(2).
[4] ARS 13-706(E).
[5] ARS 13-706(C).
[6] ARS 13-706(D).
[7] ARS 13-706(A).
[8] Same.
[9] Same.
[10] Same.
[11] Same and 31-233(A)-(B).
[12] ARS 13-706(B).
[13] Same.
[14] Same.