What Are Dangerous Offenses in Arizona?
According to Arizona Revised Statutes § 13-105(13), a dangerous offense is one that involves either:
- The use, threatened exhibition, or discharge of a deadly weapon or dangerous instrument, or
- The knowing or intentional infliction of serious physical injury.
- Deadly weapons include firearms and any other object designed for lethal use.
- Dangerous instruments can be anything readily capable of causing serious physical injury or death, depending on how it is used or threatened to be used.
- Serious physical injury involves a reasonable risk of death, permanent and serious disfigurement, loss or impairment of a bodily organ or limb, or serious impairment of health.
Examples of Dangerous Offenses
Many crimes in Arizona may be classified as dangerous offenses if they involve deadly weapons or result in serious physical injury. These can include:
- Murder
- Manslaughter
- Sexual Assault
- Aggravated Assault causing serious bodily harm
- Dangerous Crimes Against Children
- Sexual Conduct with a Child Under 15
- Child Prostitution
- Arson of an Occupied Structure
- Armed Robbery
- First-Degree Burglary
- Kidnapping (involving a weapon)
For instance, if you commit kidnapping using a handgun, you could be charged with a dangerous offense and face elevated sentencing.
Sentencing for Dangerous Offenses
Arizona applies a unique sentencing scheme under A.R.S. § 13-704 when the offense is deemed dangerous:
- Class 2 Felony: 7 to 21 years in prison (presumptive term is 10.5 years)
- Class 3 Felony: 5 to 15 years in prison (presumptive term is 7.5 years)
- Class 4 Felony: 4 to 8 years in prison (presumptive term is 6 years)
- Class 5 Felony: 2 to 4 years in prison (presumptive term is 3 years)
- Class 6 Felony: 1.5 to 3 years in prison (presumptive term is 2.25 years)
Unlike non-dangerous offenses, aggravating and mitigating factors typically do not reduce or increase a sentence for a dangerous offense. The presumptive term is often imposed unless there are very specific circumstances.
Examples of Penalties
- Armed Robbery (Class 2 Felony): 7 to 21 years in prison, plus up to $150,000 in fines.
- Assault with a Deadly Weapon (Class 3 Felony): 5 to 15 years in prison, plus up to $150,000 in fines.
Repeat Dangerous Offenses
If you have prior felony convictions for dangerous offenses, you face even harsher penalties under Arizona law. For instance:
- One Historical Prior Felony (Class 2 Dangerous): Sentences can go up to 28 years.
- Two or More Historical Prior Felonies (Class 2 Dangerous): Sentences can go as high as 35 years.
Defending Against Dangerous Offense Charges
Although being accused of a dangerous offense is serious, a conviction is not guaranteed. Attorney Theodore Agnick at Ted Law will explore defenses such as:
- Reasonable Doubt: Challenging the evidence and witnesses to show the prosecution failed to prove each element beyond a reasonable doubt.
- Self-Defense: Arguing that a weapon was used lawfully to protect yourself or someone else.
- Procedural Violations: Demonstrating that your constitutional rights were violated during the investigation or arrest (e.g., unlawful search and seizure).
- Lack of Intent: Showing that you never knowingly or intentionally caused serious physical injury.
By investigating every angle, we can often negotiate for reduced charges or even get charges dismissed.
Why Choose Ted Law for Your Defense?
- Dedicated Focus: Attorney Theodore Agnick devotes his practice to criminal defense, ensuring up-to-date knowledge of Arizona statutes and case law.
- Proven Track Record: We have experience defending clients in Tempe, Phoenix, and surrounding areas against serious felony charges, including dangerous offenses.
- Client-Centered Approach: We keep you informed at every stage and tailor defense strategies to the specifics of your case.
Contact Ted Law Today
Dangerous offenses carry severe penalties—longer prison terms, higher fines, and a lifetime impact on your record. Don’t face these charges alone. If you’re under investigation or already charged in Tempe or Phoenix, contact Attorney Theodore Agnick at Ted Law immediately.
Call (602) 453-3100 or reach out online for a free, confidential consultation. We’re committed to providing you with a strong legal defense so you can focus on moving forward with your life.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult an attorney.
If you have been investigated for—or charged with—a dangerous offense in Arizona, you could face significantly harsher penalties than for a standard criminal charge. Tempe and Phoenix prosecutors take these cases very seriously because they involve deadly weapons or the infliction of serious physical injury. At Ted Law, Attorney Theodore Agnick provides strategic and aggressive defense for individuals facing dangerous offense charges. With years of experience defending clients throughout Tempe, Phoenix, and surrounding areas, Attorney Agnick understands the complexities of Arizona law and how to protect your rights.