Under Arizona Revised Statutes (ARS) § 13-105(13), a dangerous offense is 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 felony conviction for this offense can result in mandatory prison time.
If you or someone you care about is facing a dangerous allegation in Arizona, time matters. At this point, contact Suzuki Law Offices, and our Phoenix criminal defense lawyers can discuss the elements of a dangerous crime under Arizona criminal law.
Our attorneys can answer legal questions you have about the factors used to determine what a dangerous offense is in Arizona criminal law and other topics relating to your case proceedings. Depending on the factual circumstances, we can perform an investigation into your case and prepare a personalized legal strategy to help you defend against a criminal conviction.
How Arizona Law Defines a Dangerous Offense
The statutory definition of a dangerous offense is found in ARS § 13-105. In the context of this statute, a crime is considered dangerous if a deadly weapon or dangerous instrument is used or someone intentionally or knowingly causes serious physical injury to another person.
A key component of this definition is the term “dangerous instrument.” Per ARS 13-105(12), an ARS 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.
The Suzuki Law Offices team wants to protect the legal rights of our clients. We can provide insights into how dangerous offense enhancements apply in violent crime cases and many others. Along with this, if you have been arrested for a crime that can be considered dangerous, we can explain your options and look for ways to get your felony charges reduced or dismissed.
A Dangerous Offense Allegation Usually Has to Be Charged and Proven
In alignment with Arizona’s criminal code, the enhanced penalties associated with a dangerous offense do not apply automatically. Under ARS § 13-704(L), a dangerous allegation must be charged in the indictment or information and then admitted by the defendant or found by the trier of fact.
Meanwhile, if the prosecution fails to meet the burden of proof to warrant a conviction based on the dangerous nature of an offense or the sufficiency of forensic evidence or other proof, criminal defense lawyers can challenge the designation before sentencing for terms of mandatory prison time.
If your indictment includes a “dangerous” or “dangerous nature” allegation, review the charging document carefully with a felony defense attorney from Suzuki Law Offices. We can explain what offenses are classified as violent crimes in Arizona and how dangerous and non-dangerous felonies differ.
Why the Difference Between Dangerous and Non-Dangerous Felony Offenses Matters Under Arizona Criminal Law
The most consequential effect of a dangerous offense designation is that it triggers mandatory prison sentencing under ARS § 13-704. Based on ARS § 13-704(G), a person sentenced for a dangerous crime may not be eligible for suspension of sentence, probation, pardon, or release from confinement.
In Arizona criminal law, the distinction between dangerous and non-dangerous matters can dictate the penalties that you will incur if you are convicted of a crime. The criminal defense lawyers at Suzuki Law Offices can explain this distinction and its relation to your case.
Sentencing Exposure Ranges for First Dangerous Offense Felonies
Mandatory ranges for prison sentences for a first dangerous offense with no prior felony convictions are set by ARS 13 704(A). The following table outlines the minimum, presumptive, and maximum terms of mandatory prison time.
| Felony Class | Minimum | Presumptive | Maximum |
| Class 2 | 7 years | 10.5 years | 21 years |
| Class 3 | 5 years | 7.5 years | 15 years |
| Class 4 | 4 years | 6 years | 8 years |
| Class 5 | 2 years | 3 years | 4 years |
| Class 6 | 1.5 years | 2.25 years | 3 years |
Probation is generally not available for those sentenced under ARS § 13-704. The criminal defense lawyers at Suzuki Law Offices may account for this and other statutes as we prepare felony cases for trial.
Out-of-State Convictions for Dangerous Offenses Count Under Arizona Criminal Law
Arizona does not limit prior felony calculations to in-state convictions. Under ARS § 13-704(K), any person convicted in any court outside Arizona of an offense that was punishable as a felony in that jurisdiction is subject to the same enhanced sentencing provisions.
In other words, out-of-state felony convictions may count as historical prior felony convictions for Arizona sentencing purposes. The only exception is that felony weapons possession violations outside Arizona that would not be punishable as felonies under Arizona law are excluded from these enhancements.
At Suzuki Law Offices, we often advise those who have prior convictions from other states to gather their records early. Understanding what qualifies as a historical prior felony under Arizona law can shape your criminal defense strategy.
Compounding Penalties Under ARS 13-708
The dangerous offense designation produces cascading sentencing consequences beyond what ARS § 13-704 alone imposes. Below are instances in which the penalties for a dangerous crime in Arizona criminal law can be compounded under different portions of ARS § 13-708:
- Under ARS 13-708(A), a person convicted of a dangerous felony committed while on probation, parole, work furlough, community supervision, or any other form of release must be sentenced to at least the presumptive sentence with no eligibility for suspension, commutation, or release until the sentence is served.
- Under ARS 13-708(B), if a dangerous offense is committed while on release for a prior serious offense, the court must impose the maximum sentence authorized. The court may also increase the sentence by up to 25% if at least two aggravating circumstances apply.
- Under ARS 13-708(D), any felony committed while released on bond for a separate felony adds two additional years.
Outside of these circumstances, a dangerous felony conviction can trigger consequences that follow you long after your sentence ends. Under ARS § 13-719, a victim may obtain a lifetime no-contact injunction if the defendant was convicted of a dangerous felony offense as defined in ARS § 13 105.
Dangerous Offense in Arizona Criminal Law FAQs
The Suzuki Law Offices team wants those dealing with a weapon matter to understand their legal options. As part of our efforts to help our clients make informed legal decisions, we’re providing answers to common questions we receive about dangerous offenses in Arizona criminal law.
What Qualifies as a “Dangerous Instrument” Under Arizona Law?
Under ARS § 13-105(12), a dangerous instrument is anything that, under the circumstances of its use, attempted use, or threatened use, is readily capable of causing death or serious physical injury. This is not limited to traditional weapons. Courts have found vehicles, a firearm, a knife, household items, and various everyday objects can qualify.
What Is My Eligibility for Probation for a Dangerous Offense in Arizona?
In most cases, no. Under ARS § 13-704(G), a person sentenced for a dangerous offense is not eligible for suspension of sentence, probation, pardon, or release from confinement on any basis, except under qualifying conditions. The primary path to avoid the terms of imprisonment is to challenge an allegation or negotiate a resolution that removes the dangerous designation.
What Happens if a Dangerous Offense Is Committed While on Probation or Parole?
Under ARS 13-708(A), the defendant must be sentenced to at least the presumptive term with no eligibility for suspension, commutation, or early release. If the offense is committed while on release for a prior serious offense, ARS 13-708(B) requires the maximum sentence, with a potential 25-percent increase if aggravating factors apply.
Get the Legal Help You Need to Defend Against a Conviction for a Dangerous Criminal Offense Under Arizona Law
Because Arizona’s dangerous offense basis must be separately alleged and proven, there are opportunities to raise a reasonable doubt about it. A Phoenix criminal defense attorney may attack the prosecution’s evidence, argue that the object used doesn’t meet statutory requirements, or dispute whether serious physical injury was intentionally or knowingly inflicted.
The Suzuki Law Offices team includes former prosecutors dedicated to fighting for you. Our Phoenix criminal defense lawyers understand what’s a dangerous offense in Arizona criminal law. If you face a deadly weapon charge or a similar offense, we will explore many legal avenues to help you avoid the penalties that come with convictions for dangerous crimes.
With us, you have 24/7 access to our team. Plus, we are dedicated to providing you with thoughtful, results-driven advocacy rooted in preparation, credibility, and strategy. To find out more, schedule a free case consultation.
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