Q: I am applying for the restoration of rights but I am not sure how the court defines Dangerous Offenders under A.R.S. §§
I have two cases, the first case is in 1999 with two felonies and the second case in 2000 with three felonies.
I am trying to found out if any of the crimes (felonies) and the sentencing time frames fall under the A.R.S. §§ 13-704 and/or §§ 13-706 Dangerous Offenders?
1st case convicted in 1999 – Class 4 Shoplifting sentenced to 1.5 years and a Class 6 Theft sentenced to 1 year. Which ran concurrently at 1.5 years.
2nd case convicted in 2000 under the repeat offender program – Class 4 Shoplifting sentenced to 4.5 years and a Class 4 Forgery sentenced to 2.5 years and a Class 6 Theft sentenced to 1 year. Which ran concurrently at 4.5 years.
A: Arizona has different sentencing schemes for different crime classifications. One type of crime is called a "dangerous" offense. A dangerous offense is defined by Arizona Statute 13-705 as, "an 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." You can check to see whether the crimes that you were convicted of fit the definition of dangerous offense by looking at your plea agreement or the criminal record of your conviction, where it will be classified as a "dangerous offense." Being convicted of a dangerous offense is different than being convicted as a repeated offender (which just means that you were given an enhanced sentence because of your prior felony convictions).
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