In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no prior convictions. A recent case before the Arizona Court of Appeals, Division One, highlights this reality, which can be difficult for defendants trying to argue for lighter and more favorable sentences.
In the case before the Arizona court, the defendant appealed a trial court’s decision to sentence him to 15 years in prison for a) possession of a narcotic drug for sale and b) violating the terms of probation. According to the defendant, it was unfair that the trial court sentenced him based on the fact that he was guilty of two previous felony convictions. Instead, the court should have based the sentence on only one previous felony conviction, which would have resulted in a lesser sentence.
The higher court reviewed the trial record and found that the defendant presented no evidence to indicate that he was guilty of only one prior felony conviction instead of two. Instead, he vaguely testified that the two armed robberies he committed in the past happened “on the same occasion in his early life.” The prosecution, meanwhile, presented evidence from two separate court hearings in 2015 that were based on two separate robberies, one on August 22, 2015, and a second on September 1, 2015. This evidence showed that there were, indeed, two previous felony convictions.
The court upheld the trial court’s sentencing decision. The case is important because it serves as a reminder that, according to Arizona law, a “defendant may be subjected to longer prison terms as a category three repetitive offender than as a category two repetitive offender.”
This means, essentially, that if you have been found guilty of multiple offenses in the past, and you face a conviction for a third offense, you will be sentenced more harshly than if you had only been found guilty of one prior offense. Trial courts consider the totality of a defendant’s record when deciding how to sentence the defendant, and it is important to retain an attorney that knows how to fight these kinds of decisions to keep your sentence as light as possible.
Do You Need a Maricopa County Criminal Defense Lawyer in Your Corner?
If you or a loved one has been criminally charged in Arizona, give our office a call to talk through a defense strategy that works for you. At the Law Office of James E. Novak, we take pride in our personalized, client-centered strategy as we navigate the Arizona criminal legal landscape. Our team is well-versed in aggressive litigation tactics, and we are uniquely positioned to offer you high quality representation in your criminal legal matter.
If you haven’t yet spoken with an experienced Maricopa County criminal defense lawyer about your case, call us today for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible to discuss next steps.