Arizona Repeat Offender Laws: How Prior Convictions Increase Penalties

Arizona law is strict when it comes to repeat offenders. Under Arizona Revised Statutes § 13-703, the court must impose harsher penalties for people with historical prior felony convictions. The statute defines when a person becomes a category one repetitive offender pursuant to subsection, a category two repetitive offender pursuant, or a category three repetitive offender pursuant depending on the number and type of prior felony convictions.

A repetitive offender if the person has one prior conviction will face longer sentencing ranges than a first time felony offender pursuant to the law. If the offender pursuant to subsection b has two or more historical prior felony convictions, the penalties increase significantly. For offenders in Arizona with three felony priors, the sentencing laws require maximum or near-maximum terms.

The provisions of any prior code or prior code in this state are considered, which means even convictions under the laws of this state before revisions can be used to enhance sentencing. This ensures that someone convicted of multiple felony offenses cannot avoid enhanced penalties simply because their previous conviction was old.

A prior conviction is not just a footnote on a record—it directly controls the penalty for new felony charges. Arizona law requires the prosecutor to file an allegation of prior conviction before sentencing occurs of its intent to use that conviction to enhance sentencing. The court shall allow the allegation unless the allegation is filed fewer than 20 days before trial.

If the prior conviction is charged and proven, penalties otherwise authorized by law are substituted for the penalties otherwise prescribed. That means a person who is sentenced pursuant to this section may no longer be eligible for probation, and the sentence pursuant to subsection h or sentence pursuant to subsection j will apply.

Judges may impose a mitigated or aggravated sentence pursuant to subsection ranges, but sentencing occurs only after the trier of fact before sentencing or any evidence presented at trial is considered. The trier of fact must determine whether the offender stands convicted of multiple felony charges or whether the allegation is filed properly.

In short, repeat offenses lead to enhanced penalties, and even one historical prior felony conviction is enough to change the outcome completely.

Arizona separates offenders into categories:

Category One Repetitive Offender Pursuant to Subsection

• Applies if the felony and has one historical prior felony conviction.
• Sentencing ranges are higher than those for a first time felony offender pursuant to law.

Category Two Repetitive Offender Pursuant

• Applies if the offender pursuant to subsection c has two or more historical prior felony convictions.
• Penalties increase sharply, with prison often mandatory.

Category Three Repetitive Offender Pursuant

• Applies if the person is convicted of multiple felony offenses and has three felony priors.
• At this point, enhanced penalties leave little discretion, and repeat offender sentencing often results in decades in prison.

These categories create a repetitive offender designation that controls how severe a sentence will be. A person sentenced pursuant to this section faces penalties for repeat offenses much harsher than those for first-time felony charges in Arizona.

Sentencing ranges depend on the class of the felony offense and whether the defendant is considered a repetitive offender pursuant to subsection rules.

Source: Arizona Revised Statutes § 13-703

This chart shows how a repetitive offender if the person has one conviction faces double or triple the time of a first time felony offender pursuant to the law. For a felony and has two priors, the sentencing ranges grow even more severe.

Violent crimes are treated differently under Arizona Revised Statutes § 13-706. Dangerous felonies such as armed robbery, kidnapping, sexual assault, and aggravated assault can lead to life in prison if the offender pursuant to subsection c has two or more historical prior felonies.

If someone is convicted of a felony weapons possession violation, that too may trigger harsher penalties. A person who is convicted of multiple dangerous felonies may not be eligible for release pursuant to parole until serving 25 years to life.

The penalties prescribed by this section are substituted for the penalties otherwise authorized by law, meaning repeat offenders cannot receive leniency that first-time offenders sometimes get.

Example 1: Drug Felony Conviction

David had a previous conviction for a Class 4 drug felony offense. He now faces multiple felony charges for possession with intent to sell. Because he stands convicted of a felony and has one historical prior felony conviction, he is sentenced pursuant to this section with an aggravated sentence pursuant to subsection h. Instead of facing 1–3.75 years, he now faces 2.25–7.5 years.

Example 2: Violent Repeat Offender

Maria was convicted of multiple dangerous felonies in the past. She now faces a new felony offense involving armed robbery. Under Arizona Revised Statutes § 13-706, and because she is a repetitive offender for the second time with violent crimes, she could face life in prison.

These cases show how penalties for repeat offenders escalate quickly. Even a low-level felony under the laws of this state can turn into years in prison if the allegation of a prior conviction is proven.

A skilled criminal defense attorney like Christian Lueders of Guardian Law Group can challenge repeat offender designation. Strategies may include:

• Challenging the Prior Conviction: Showing that the prior conviction at any time cannot be used to enhance sentencing because it is not a historical prior felony conviction.
• Arguing Time Limits: Convictions too old under the provisions of any prior code may not count for enhancement.
• Constitutional Challenges: If the previous conviction was obtained unlawfully, it cannot be used for enhanced penalties.
• Negotiating Felony Charges: Reducing a dangerous felony to a lower class felony offense can reduce sentencing ranges.
• Humanizing Evidence: Showing rehabilitation at the time of sentencing can help the court consider a mitigated sentence pursuant to subsection j instead of an aggravated sentence pursuant.

The court must hear information obtained concerning the prior conviction, but an attorney can ensure that any allegation of prior conviction is actually tried unless the allegation is filed properly.

1. 1. What does it mean to be a repetitive offender pursuant to subsection b or c?
      It means you have one or more historical prior felony convictions that qualify under § 13-703, and sentencing ranges increase accordingly.
   2. Can multiple felony charges from the same incident count as multiple priors?
      Sometimes no. In many cases, two convictions are counted as only one conviction for the purposes of enhancement.
   3. What if an allegation is filed fewer than 20 days before trial?
      The court shall allow the allegation unless the allegation is filed unfairly late.
   4. What happens if I stand convicted of a felony and have two or more historical prior felonies?
      You face category two or category three repetitive offender sentencing, which can result in decades in prison.

• Arizona repeat offender laws impose enhanced penalties under Arizona Revised Statutes § 13-703.
• A prior conviction is enough to increase a sentence, especially if it is a historical prior felony conviction.
• Dangerous felonies carry even harsher penalties for repeat offenders.
• The allegation of prior conviction must be proven before sentencing occurs.
• Judges may impose an aggravated or mitigated sentence pursuant to subsection depending on evidence.
• Repeat offender designation means penalties for repeat offenders are substituted for any penalties required by the substantive law.

At Guardian Law Group, we understand that facing repeat offender sentencing can turn your life upside down. Your freedom, career, and future are too important to risk because of a prior conviction, a wrongful allegation, or mistakes from your past. If you are under investigation or have been charged as a repeat offender in Maricopa County, we can help.

Attorney Christian Lueders brings years of experience as a former felony prosecutor. He has worked directly with law enforcement officers, probation departments, and prosecutors throughout Arizona. That means we know how repeat offender cases are built — and how to challenge them.

We will explore every possible option for your case, including dismissals, reduced charges, alternatives to incarceration where available, and post-conviction relief. Most importantly, we will fight to protect your rights, your future, and your ability to move forward.

Call Guardian Law Group today at (623) 356-0106 or contact us through our website to schedule your free consultation.