How Does Arizona’s Repetitive Offenders Law Work?

In Arizona, repeat offenders face progressively severe penalties under the “Repetitive Offenders” law, sometimes referred to as the "Three Strikes" law in other states. This law aims to protect public safety by imposing harsher sentences on individuals convicted of multiple felonies. While it may deter some from re-offending, it can also lead to disproportionately long sentences for others, making it crucial to understand its implications if facing additional felony charges.

What Is the Repetitive Offenders Law?

Arizona’s Repetitive Offenders law is outlined under Arizona Revised Statutes (ARS) § 13-703. It mandates enhanced penalties for individuals convicted of multiple felonies. Depending on the nature and number of prior offenses, a person could face significantly longer prison sentences for each subsequent conviction. Although the “three Strikes” concept originates in other states, Arizona’s version similarly focuses on the seriousness of repeat offenses but does not universally impose life imprisonment for a third felony as in some other states.

Dangerous vs. Non-Dangerous Offenses

Under Arizona law, felonies are classified as either dangerous or non-dangerous, and these classifications play a crucial role in sentencing for repeat offenders. Importantly, dangerous and non-dangerous felonies are treated separately—prior convictions in each category are required to trigger enhanced penalties.

Dangerous offenses involve the use or threat of a deadly weapon or the infliction of serious physical injury. Examples include:

• Aggravated assault with a weapon
• Armed robbery
• Homicide
• Certain sexual offenses

For dangerous felonies, the penalties are significantly harsher. A third dangerous felony conviction can result in lengthy imprisonment or even life without the possibility of parole, depending on those prior offences.

Non-dangerous offenses generally involve crimes where no weapons or serious injuries are involved. Examples include:

• Drug possession (below statutory thresholds)
• Theft or fraud

While non-dangerous felony penalties tend to be less severe, a subsequent conviction can still result in considerable prison time, especially under the Repetitive Offenders law.

For more information visit Arizona’s Supreme Court: Criminal Code Sentencing Provisions.

DUI Offenses and Repetitive Offender Penalties

In Arizona, DUI charges can also trigger repetitive offender penalties under certain conditions. A standard DUI (non-aggravated) is usually a misdemeanor, but it can become a felony under specific circumstances, such as multiple DUI convictions within a given timeframe.

• Misdemeanor DUIs: Arizona uses a 7-year window to enhance penalties for repeat DUI offenders. If someone is convicted of multiple DUIs within seven years, penalties increase, including potential jail time, fines, and the installation of an ignition interlock device.
• Felony DUIs: DUIs become felonies under circumstances such as:
  • Aggravated DUI: Committed while driving on a suspended license, having multiple prior DUI convictions, or driving with a child in the car.
  • Third DUI within 7 years: This results in an automatic felony charge, leading to enhanced penalties such as longer prison sentences and heavier fines.

Historical Prior Felony Convictions

In Arizona, some felony offenses carry long-lasting implications that extend beyond the usual timeframes for increasing penalties. Specifically, aggravated DUIs and serious crimes—such as sexual offenses, violent felonies, and certain drug offenses—remain on a person’s criminal record indefinitely. This permanence means these convictions can be referenced in future legal proceedings and will influence sentencing for any subsequent offenses (Arizona Revised Statutes § 13-105).

Arizona law has specific timeframes for considering prior felony convictions as historical priors:

• Dangerous Offenses: Any prior felony conviction for a dangerous offense involving serious crimes—such as illegal control of a criminal enterprise, sexual offenses, violent crimes, or aggravated DUI—is classified as a historical prior, regardless of when it occurred.
• Class 2 or 3 Felonies: These must have been committed within ten years before the current offense to be considered historical priors. Any time spent on absconder status, escape status, or incarceration is excluded when calculating this ten-year period.
• Class 4, 5, or 6 Felonies: These offenses must have occurred within five years before the current offense to qualify as historical priors. As with Class 2 or 3 felonies, time spent on absconder status, escape status, or incarceration is excluded from the five-year period.

If someone has three or more prior felony convictions, they can also be classified as historical priors, even if committed outside Arizona.

How Much Time Will a Repetitive Offender Serve?

Most offenders in Arizona must serve at least 85% of their sentence under the state’s Truth-in-Sentencing Law, with the remainder potentially reduced for good behavior or participation in rehabilitation programs. However, for dangerous felonies or serious violent crimes, offenders may be required to serve close to 100% of their sentence, leaving little to no room for early release.

What Happens If You Are Classified as a Repetitive Offender?

Facing a repetitive offender classification can have life-altering consequences. Depending on the number and type of prior convictions, an individual may be subject to a range of penalties. For example, someone classified as a Category One Repetitive Offender (with no prior felony convictions) faces different sentencing than a Category Two or Three Repetitive Offender, who have one or more prior felony convictions. In cases involving dangerous felonies, the penalties are even more severe.

A third conviction for a non-dangerous felony may not lead to mandatory life imprisonment. However, for those convicted of dangerous felonies, the sentences increase dramatically, often leaving little room for leniency.

Defense Strategies for Repetitive Offender Charges:

1. Challenging Prior Convictions: Your defense attorney can evaluate whether your previous convictions should count toward a repetitive offender status. If a prior conviction involved mitigating factors, there may be grounds to argue that it shouldn’t be classified as a qualifying offense.
2. Plea Negotiations: In some instances, your attorney can work to reduce the severity of the current charge, potentially negotiating it down to a misdemeanor or a less serious felony. This could help avoid triggering the Repetitive Offenders law.
3. Challenging Evidence: As with any criminal case, an experienced attorney can scrutinize the evidence to find weaknesses in the prosecution’s case. Successfully challenging evidence can lead to charges being reduced or dismissed, which is especially important when facing severe penalties under this law.

Why Understanding Arizona’s Repetitive Offenders Law Matters:

If you or a loved one faces felony charges and a possible repetitive offender designation, it’s critical to understand how this law works, and the potential penalties involved. The consequences of a third or subsequent felony conviction can be devastating, particularly if the previous offenses were classified as dangerous. By working with a skilled defense attorney, you can explore legal strategies to mitigate the impact of a repetitive offender classification.

At Chuck Franklin Law, we have over 37 years of experience in defending clients facing serious criminal charges, including those affected by Arizona's Repetitive Offenders law. Contact us today for a consultation and let us help you protect your rights.

Sources:

• Arizona Revised Statutes, Repetitive Offenders: ARS §13-703
• Arizona Revised Statutes, Serious, Violent or Aggravated Offenders: ARS §13-706
• Arizona Revised Statutes, Definitions § 13-105
• Arizona Supreme Court, Criminal Code Sentencing Provisions
• U.S. Department of Justice, National Institute of Justice - Three Strikes and You're Out: The Implementation and Impact of Strike Laws