Violent Crime Charges in Arizona

In Arizona, “violent crime” refers to any offense where force or threat of force is used against another person.

Violent crimes include a wide range of actions that involve physical harm or the threat of it. Examples of violent crimes may include physical altercations, the use of deadly weapons, or causing serious injury.

In addition, certain acts such as kidnapping or certain sexual offenses fall within this definition due to the risk they pose to individuals and society. Arizona law outlines specific sentencing guidelines that increase in severity with repeat offenses.

Arizona Revised Statute 13-706 defines a range of violent crimes, each carrying significant penalties based on the seriousness and classification of the offense. Here are some of the most common violent crimes, along with their typical charge classifications:

First Degree Murder (Class 1 Felony)

First-degree murder, classified as a Class 1 felony, is the intentional and premeditated killing of another person. Convictions for first-degree murder can lead to life imprisonment or the death penalty.

Second Degree Murder (Class 1 Felony)

Second-degree murder is a Class 1 felony involving intentional killing without premeditation. This crime, while serious, lacks prior planning, making it slightly less severe than first-degree murder. 

Manslaughter (Class 2 Felony)

Manslaughter is classified as a Class 2 felony and involves causing someone’s death without intent to kill, often through reckless or negligent actions. 

Aggravated Assault (Class 3 Felony)

Aggravated assault, a Class 3 felony, includes causing serious injury or using a deadly weapon to threaten or harm another person. If the assault results in severe physical harm or involves a dangerous weapon, Arizona law imposes substantial penalties.

Sexual Assault (Class 2 Felony)

Sexual assault, a Class 2 felony in Arizona, involves non-consensual sexual conduct. Given the severe impact on victims, sexual assault carries strict penalties, including substantial prison time and mandatory registration as a sex offender.

Kidnapping (Class 2 Felony)

Kidnapping is generally classified as a Class 2 felony, involving the unlawful confinement, restraint, or transport of another person by force or threat. The penalty for kidnapping is severe, particularly if the victim is moved or restrained over significant distances.

Armed Robbery (Class 2 Felony)

Armed robbery, classified as a Class 2 felony, occurs when someone uses or threatens the use of a weapon to steal from another person. 

Child Sex Trafficking (Class 2 Felony)

Child sex trafficking is a Class 2 felony and one of the most serious crimes in Arizona, involving the exploitation of minors for sexual acts. 

Each offense outlined here is defined with corresponding penalties under Arizona’s laws, particularly under ARS 13-706, which mandates stricter sentencing for repeat offenses.

In Arizona, the law imposes stricter penalties on individuals convicted of multiple violent crimes, especially those who have committed violent offenses on separate occasions.

Under ARS 13-706, repeat offenders may face life imprisonment with limited options for early release. 

Life Sentences and Limited Parole Options

For offenders who are 18 or older, or those tried as adults, ARS 13-706 prescribes a life sentence after three separate convictions for serious violent offenses. This means:

• First and Second Convictions: Standard sentencing applies, with penalties that vary by the classification of the crime (such as Class 1 or Class 2 felonies). In cases involving weapons or serious harm, additional penalties may be applied.
• Third Conviction and Beyond: If an individual is convicted a third time for a serious violent crime, the law mandates a life sentence with limited parole options. Typically, these individuals must serve 25 to 35 years before even being considered for a possible commutation or early release.

Key Factors for Repeat Offense Penalties

To qualify for the enhanced penalties outlined in ARS 13-706:

• Prior Offenses Are Recent: Both prior convictions must have been entered within 15 years of the latest conviction, excluding any time the individual spent in custody or on probation.

Sequential Convictions: Sentencing for each prior conviction must have been imposed before the conduct leading to the next offense.

When violent crime allegations arise in Arizona, law enforcement conducts an investigation, which often begins with securing the scene to preserve evidence like fingerprints, DNA, and physical items that may clarify what occurred.

Officers may also seek surveillance footage and witness statements to understand the events and identify any suspects. For cases involving weapons or serious injuries, forensic experts analyze injuries and reconstruct scenes to assess whether the evidence aligns with witness statements and the alleged crime.

If law enforcement suspects involvement in a violent crime, there are often clear signs. You may notice unannounced visits by officers, unusual questioning from people connected to you, or even direct contact from detectives seeking your side of the story.

Other indicators include police inquiries with your friends or colleagues, or a subpoena requesting your appearance in court. These actions typically mean that law enforcement has begun gathering information and is considering charges.

During an investigation, you have specific rights that protect you. You have the right to remain silent and avoid answering questions that could incriminate you. Exercising this right can be crucial, as anything you say may be used in court.

You also have the right to seek legal counsel at any point, even before charges are filed. Consulting a criminal defense attorney early in the process can help protect your interests and ensure that you’re not unfairly targeted or misrepresented. Additionally, if approached by law enforcement, you have the right to request that they speak with your attorney directly, which can help prevent misunderstandings or undue pressure during the investigation.

At Guardian Law, our firm, led by criminal defense attorney Christian Lueders, specializes in defending clients against a wide range of violent crime charges.

Here are the main types of violent crimes our office specializes in:

Misdemeanor and Felony Assault

Assault can range from a misdemeanor to a felony based on the level of harm caused, use of a weapon, or other aggravating factors. Simple assault might involve minimal contact, while aggravated assault involves serious injuries or the use of a deadly weapon, leading to higher charges and penalties.

Domestic Violence

Domestic violence charges encompass physical, emotional, or financial harm inflicted upon family members, partners, or cohabitants. These cases are treated seriously in Arizona and can result in restraining orders, custody loss, or imprisonment.

Murder and Manslaughter Charges

Murder involves the intentional killing of another person and is classified as first or second-degree, carrying life sentences or, in some cases, the death penalty. Manslaughter, a lesser charge, involves unintentional killing due to reckless actions, but it still carries severe penalties.

Child Abuse

Child abuse includes physical, emotional, or sexual harm inflicted on minors. Arizona law treats these cases as highly serious, with substantial legal and social consequences, especially if the abuse results in significant injury or long-term harm.

Kidnapping

Kidnapping involves unlawfully confining or transporting someone by force, threat, or deception. This felony charge is often associated with ransom demands, harm, or the intention to inflict fear.

Gun Crimes

Gun crimes encompass offenses like armed robbery or the unlawful discharge of a weapon, both of which carry enhanced penalties. Arizona’s approach to gun-related offenses includes strict sentencing, especially if a weapon is used to intimidate or harm another person.

At Guardian Law, our firm’s approach is rooted in providing a thorough, personalized defense, focusing on the unique aspects of each case to pursue the best possible outcome for our clients.

If you’re facing violent crime charges in Arizona, having a knowledgeable and dedicated attorney on your side can make a significant difference. At Guardian Law, Christian Lueders brings years of experience and a deep commitment to his clients’ rights and futures. As a former felony prosecutor with Maricopa County, Christian has handled hundreds of cases, from traffic violations to serious violent felonies.

This experience gives him insight into how prosecutors approach cases and what they look for in court, which he now uses to defend those accused.

Throughout his career, Christian has built strong working relationships with law enforcement and prosecutors at every level, from city to federal. His courtroom presence, his ability to connect with juries, and his dedication to negotiating fair outcomes are all skills he developed over years of intensive trial work. Now, as a defense attorney, Christian focuses on each case with careful attention, whether that means working closely with forensic experts, analyzing evidence, or exploring every available defense option.

 If you or someone you know is facing violent crime charges, reach out to Guardian Law to schedule a consultation. Christian Lueders and his team are here to provide the support and defense you need.