If you are facing felony charges in Arizona and the State has alleged a “dangerous offense,” the stakes just increased dramatically. A dangerous offense designation under Arizona law eliminates probation as an option and imposes mandatory prison time. Under A.R.S. § 13-105(13), a dangerous offense involves 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. This designation is critical because the difference between a dangerous and non-dangerous felony can mean the difference between years in prison and eligibility for probation.
If you or someone you care about is facing a dangerous offense allegation in Phoenix, time matters. Contact Suzuki Law today at 602-682-5270 or reach out online to discuss your defense options.
How Arizona Law Defines a Dangerous Offense
The statutory definition of a dangerous offense is found in A.R.S. § 13-105, the definitions section of Arizona’s criminal code. Specifically, A.R.S. § 13-105(13) states that a dangerous offense means 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. This definition applies broadly across Title 13 felonies unless the context otherwise requires.
A key component of this definition is the term “dangerous instrument.” Under A.R.S. § 13-105(12), 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. This designation is not limited to firearms or knives. Everyday objects, from vehicles to tools, can qualify depending on how they were used during the alleged offense.
The Dangerous Offense Allegation Must Be Charged and Proven
The enhanced penalties associated with a dangerous offense do not apply automatically. Under § 13-704(L), the dangerous offense allegation must be charged in the indictment or information and then admitted by the defendant or found by the trier of fact. If the prosecution fails to properly allege the dangerous nature of the offense, or if the evidence does not support the allegation, a skilled criminal defense lawyer in Phoenix may challenge the designation before sentencing.
💡 Pro Tip: If your indictment includes a “dangerous” or “dangerous nature” allegation, review the charging document carefully with your attorney. This allegation directly controls whether mandatory prison sentencing applies.
Why the Dangerous vs. Non-Dangerous Distinction Matters So Much
The most consequential effect of a dangerous offense designation is that it triggers mandatory prison time under A.R.S. § 13-704. Under § 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 as specifically authorized by § 31-233(A) or (B), until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07, or the sentence is commuted. For a non-dangerous felony of the same class, a defendant may be eligible for probation or deferred sentencing.
Sentencing Ranges for First Dangerous Offense Felonies
Mandatory sentencing ranges for a first dangerous offense with no prior felony convictions are set by § 13-704(A). The following table outlines the minimum, presumptive, and maximum terms of imprisonment:
| 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 |
These are flat prison terms with no eligibility for probation. Arizona’s truth-in-sentencing rule under § 41-1604.07 requires most offenders to serve 85 percent of the sentence imposed before becoming eligible for release. Even a Class 6 dangerous felony conviction can result in well over a year of actual incarceration.
💡 Pro Tip: A Class 5 dangerous offense still carries a minimum of two years in prison, and the truth-in-sentencing rule means you will serve nearly all of it.
How Prior Convictions Escalate Dangerous Offense Sentences
Sentences increase substantially when a defendant has prior dangerous felony convictions. Under § 13-704(E), a Class 2 felony with two or more historical prior felony convictions that are Class 1, 2, or 3 dangerous felonies carries a sentencing range of 21 to 35 years, with a presumptive term of 28 years. Each prior conviction compresses the court’s discretion and pushes sentencing toward longer mandatory terms.
Out-of-State Convictions Count
Arizona does not limit prior felony calculations to in-state convictions. Under § 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.
💡 Pro Tip: If you have prior convictions from other states, gather your records early. Understanding what qualifies as a historical prior felony under Arizona law can shape your entire defense strategy.
Compounding Penalties Under ARS 13-708
The dangerous offense designation produces cascading sentencing consequences beyond what § 13-704 alone imposes. Under ARS 13-708(A), a person convicted of a dangerous offense 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 percent 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.
Lifetime No-Contact Injunctions
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 A.R.S. § 13-105. The collateral effects of a dangerous offense conviction extend well beyond prison walls.
Defending Against a Dangerous Offense Allegation With a Criminal Defense Lawyer in Phoenix
Because the dangerous offense designation must be separately alleged and proven, there are real opportunities to challenge it. A Phoenix felony defense attorney may attack the sufficiency of the evidence supporting the allegation, argue that the object used does not meet the statutory definition of a dangerous instrument under the circumstances, or challenge whether serious physical injury was intentionally or knowingly inflicted. Procedural defects in the charging document may also provide grounds for dismissal of the dangerous allegation.
Every element of the allegation is subject to the prosecution’s burden of proof beyond a reasonable doubt. If you are facing a deadly weapon charge in Arizona, the factual circumstances surrounding the alleged use or exhibition of that weapon matter enormously. The defense can challenge witness credibility, forensic evidence, and the prosecution’s characterization of events.
💡 Pro Tip: The dangerous offense allegation is a separate legal question from guilt on the underlying charge. Successfully challenging the allegation alone can mean the difference between mandatory prison and eligibility for probation.
What a Dangerous Offense Means for Federal and Cross-Jurisdictional Cases
A state-level dangerous offense conviction can influence federal sentencing calculations, immigration consequences, and future charging decisions. If you are under investigation at both levels, working with a criminal defense lawyer in Phoenix who understands the interplay between state and federal systems is essential.
💡 Pro Tip: If federal agents contact you while facing state charges involving a dangerous offense allegation, do not make statements without counsel present. Anything you say in one proceeding can be used in the other.
Frequently Asked Questions
1. What qualifies as a “dangerous instrument” under Arizona law?
Under A.R.S. § 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, household objects, and other items to qualify based on how they were used.
2. Can I get probation for a dangerous offense in Arizona?
Generally, no. Under § 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 as specifically authorized by § 31-233(A) or (B), until the sentence imposed by the court has been served, the person is eligible for release pursuant to § 41-1604.07, or the sentence is commuted. The primary path to avoid mandatory prison is to successfully challenge the dangerous allegation or negotiate a resolution that removes the dangerous designation.
3. Does Arizona’s 85-percent rule apply to dangerous offenses?
Yes. Arizona’s truth-in-sentencing rule under § 41-1604.07 requires most offenders, including those convicted of dangerous offenses, to serve 85 percent of the imposed sentence before becoming eligible for release.
4. Can out-of-state felony convictions affect my dangerous offense sentencing?
Yes. Under § 13-704(K), any felony conviction from a jurisdiction outside Arizona that was punishable as a felony in that jurisdiction may count as a prior felony for sentencing enhancement purposes in Arizona, except that out-of-state felony weapons possession convictions that would not be punishable as felonies under Arizona law are excluded.
5. 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.
Protect Your Future Against a Dangerous Offense Allegation
A dangerous offense designation under Arizona criminal law fundamentally changes your sentencing exposure, eliminating probation and imposing mandatory prison time. The stakes are too high to face these charges without strong legal guidance. Whether the State’s allegation rests on the use of a weapon, a dangerous instrument, or an allegation of serious physical injury, every element must be proven beyond a reasonable doubt and can be challenged.
If you are facing a dangerous offense allegation in Arizona, Suzuki Law is ready to help protect your rights. Call 602-682-5270 or contact us today to schedule a consultation.
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