Some crimes in Arizona are treated more harshly than others based on their specific facts. An example of this is a Dangerous Offense. A Dangerous Offense is defined by Arizona Revised Statutes § 13-105(13) 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.
A deadly weapon is defined as anything designed for lethal use, including a firearm.
A dangerous instrument means anything that under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
A serious physical injury is one which creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb.
As a simple example, committing an assault with a gun is, in itself, an Aggravated Assault. Because the offense would involve the use of a gun, it would be considered a Dangerous Offense.
Aggravated Assault with a gun is a Class 3 Felony. If it was non-dangerous, then if convicted you would face 2 to 8.75 years in prison, or up to 5 years of probation. However, because it is dangerous, you face a mandatory prison sentence of 5 to 15 years in prison.
All Dangerous Offenses require mandatory prison time, regardless of whether or not they are your first ever conviction. They all carry enhanced prison time compared to non-dangerous offenses as well.
If you are charged with a Dangerous Offense, then you face substantial and serious consequences. You need to get legal advice to figure out what your options are from an experienced, aggressive, and effective attorney. The lawyers at AZ Defenders have helped those facing Dangerous Offenses and can help you, too. Call today for a free consultation so that we can start working on your best defense today.