Violent crime in Arizona is a serious offense whose consequences can be life-changing. Both misdemeanor and felony convictions for these types of violations are on the rise in Arizona. Consequently, local representatives and lawmakers have significantly increased their efforts to combat violent crime. If you've been charged with a violent crime in Arizona, it is imperative that you understand what you may be facing and seek experienced legal representation with a proven track record to minimize the impact of any potential repercussions.
Arizona Revised Statute 13-901.03 defines a violent crime as "any criminal act that results in death or physical injury or any criminal use of a deadly weapon or dangerous instrument." The list of violent offenses that fall under the umbrella of violent crime is far-reaching, often involving crimes that, at first appearance, may seem to have little to do with violence. But under Arizona law, any crime can become a violent offense when the threat of force or actual force is added.
Some common types of violent crime include:
Endangerment - Arizona Revised Statute 13-1201 states that endangerment occurs when an individual "recklessly endangers another person with a substantial risk of imminent death or physical injury." Most endangerment crimes are charged as a class 1 misdemeanor, but actions involving the risk of death are charged as a class 6 felony. Even if a victim is not injured, a person can still be charged with endangerment.
Threatening or Intimidating – When someone threatens or intimidates another person using words or conduct or threatens physical injury or damage to property, Arizona Revised Statute 13-1202 states that they can be charged with threatening or intimidating. Typically, a threatening and intimidating charge is a class 1 misdemeanor. Still, charges are more severe if the crime is committed by a gang member, results in the evacuation of a building, used to coerce someone into participating in gang activity, or if the threat is made as retaliation for informing law enforcement of criminal activity.
Assault – In Arizona, assault is one of the most frequently prosecuted offenses. The three types of assault charges outlined in Arizona Revised Statute 13-1203 are:
1) Intentional, knowing, or reckless behavior that causes physical injury to another person (class 1 misdemeanor).
2) Intentionally, knowingly, or recklessly placing another person in reasonable apprehension of imminent physical injury (class 2 misdemeanor).
3) Knowingly touching another with intent to injure, insult or provoke the other person (class 1 misdemeanor).
These offenses are sometimes charged as battery, and charges can change based on the relationship between the parties involved.
Aggravated Assault – In Arizona, aggravated assault is a felony involving a variety of additional factors. Arizona Revised Statute 13-1204 outlines the many contributing factors that can turn a regular assault charge into aggravated assault, but some include:
Homicide – Homicide is a felony in Arizona and is classified as first or second-degree murder, manslaughter, or negligent homicide, depending on the factors involved.
First-degree murder is knowingly killing another person. This includes killing an unborn child or an officer of the law acting in the line of duty.
Second-degree murder is not premeditated but typically involves knowingly or with indifference to human life causing someone else's death.
Manslaughter involves the reckless behavior of someone who causes the death of another person in the heat of passion, or as a result of a sudden disagreement.
Negligent homicide is causing someone else's death due to criminal negligence.
Kidnapping – Arizona Revised Statute 13-1304 describes the crime of kidnapping as when an individual "knowingly restrains another person with the intent to hold the victim for ransom, as a shield or hostage, or for involuntary servitude." The crime is a class, 2, 3, or 4 felony, depending on circumstances.
Kidnapping also occurs when a person:
Other kidnapping crimes involve sex offenses such as rape, sexual abuse, and child molestation, or arson, robbery, or street gang activity. It may also involve harassment, disorderly conduct, or stalking.
Arizona vigorously investigates violent crimes using designated task forces and investigative squads. These forces within the police department are specifically assigned to investigate and arrest people who are violent crime suspects. These departments relentlessly obtain evidence from the crime scene and other sources and build their case by collecting statements from witnesses and any involved parties.
If you find yourself under investigation for a violent crime, it is essential that you exercise your right to remain silent during any questioning until you have an attorney present. Anything you offer without an attorney, remember, may be used against you.
Prosecutors and District Attorneys in Arizona are aggressive when seeking a conviction. Because of the graphic nature of violent crimes, they will often frame a case in a way that uses that to their advantage. They also realize that there is often tremendous public pressure to ensure full accountability for guilty suspects, and they operate accordingly.
Suspects with no prior criminal history will most likely initially be charged by a prosecuting attorney with the most extreme charge possible. This is typically done to set the stage for negotiation and gain leverage for any potential plea bargain that might occur. Cases involving suspects with a criminal history who allegedly caused serious injury or death will face an even more aggressive prosecution. Often, prosecutors will use to their advantage mandatory sentencing guidelines and outright refuse any plea negotiations.
As you might expect, the consequences of committing a violent crime in Arizona can be severe. Any violent crime can result in a prison sentence, and additional aggravating factors will contribute to penalties and consequences. Arizona Revised Statute 13-706 outlines some of the different penalties for serious, violent, or aggravated offenders.
Penalties for the conviction of a violent crime range from community service and paying restitution to a victim, to fines, probation, and jail or prison sentences. Prisons sentencing for these types of crimes can be up to life in prison. These consequences can be minimized to the extent possible with the representation of an expert criminal defense attorney.
Chapter 4 of the Arizona Revised Statutes provides many potential defenses for violent crimes. Legal strategies will depend on the individual circumstances of the case, but some defenses could include: