Prior Convictions in Arizona

Arizona has a detailed definition of “historical prior felony conviction” which is found at A.R.S. § 13-105(22).

 

The following are all considered a “historical prior felony conviction”:

  • Any prior felony conviction that mandated a term of imprisonment except for a violation of Chapter 34, Title 13 involving a drug below the threshold amount. See R.S. § 13-105(22)(a)(i).
  • Any prior felony conviction that involved a dangerous offense. See R.S. § 13-105(22)(a)(ii). A “dangerous offense” is any 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. See A.R.S. § 13-105(13).
  • Any prior felony conviction that involved the illegal control of a criminal enterprise. See R.S. § 13-105(22)(a)(iii). Surprisingly, “criminal enterprise” is not defined in the Arizona Revised Statutes or case law. The State would most likely argue that any prior felony conviction where a person was convicted along with one or more co-defendants was “involved in the illegal control of a criminal enterprise.”
  • Any prior felony conviction that involved aggravated driving under the influence of intoxicating liquor or drugs. See R.S. § 13-105(22)(a)(iv).
  • Any prior felony conviction that involved any dangerous crime against children as defined in A.R.S. § 13-705. See R.S. § 13-105(22)(a)(v). A “dangerous crime against children” is basically any sexual or violent crime where the victim is under age 18.
  • Any Class 2 or 3 felony other than those listed in subsection (a) above that was committed within the ten years immediately preceding the date of the present offense. See R.S. § 13-105(22)(b).
  • Any Class 4, 5 or 6 felony other than those listed in subsection (a) above that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(c).
  • Any felony conviction that is a third or more prior felony conviction. For the purposes of this subsection, “prior felony conviction” includes any offense committed outside of Arizona that was punishable by that jurisdiction as a felony. See R.S. § 13-105(22)(d).
  • Any offense committed outside of Arizona that was punishable by that jurisdiction as a felony and that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(e).
  • Any offense committed outside of Arizona that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury and that was punishable by that jurisdiction as a felony. A person who has been convicted of a felony weapons possession violation in any court outside of Arizona that would not be punishable as a felony under the laws of Arizona is not subject to this paragraph. See R.S. § 13-105(22)(f).

 

If you or a loved one has historical prior felony convictions, you need an experienced attorney. Attorney Robert A. Dodell has over thirty years experience. Call him today for a free consultation.

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