What I need to do when charged with a dangerous offense?
A dangerous offense is an assault using a weapon, threatening the victim, or using a dangerous instrument with the intent of causing harm. Any instrument used for threatening and capable of causing serious physical harm or death will be considered dangerous by the law. A misdemeanor may be considered a felony by prosecutors if you are found in possession of a weapon at the scene of the crime. A criminal offense under the law will call for potentially harsher punishment for you or your loved one when convicted.
Under certain circumstances, even a fluffy pillow can be considered a weapon under the rules of dangerous offense, depending on the threat posed. The structure of sentencing for dangerous offenses is different and more severe than non-dangerous convictions of a similar degree. Therefore, it is actually essential to determine the nature of your offense correctly and also consider the other important surrounding factors to it.
Dangerous Offense Sentencing Structure
You will be judged on a presumptive basis for many dangerous offenses until more evidence is presented in front of the court. Such evidence may be brought about through:
- presence of an accomplice at the time of the crime
- previous convictions within a period of past ten years
- if the victim was physically, mentally impaired, or a senior citizen
- if the extent of cruelty is found aggravated for your crime
- use of weapons like a stun gun or a taser for your crime
Sentencing for a dangerous offense can be segregated into categories, as per the extremity and Class of the crime, all of which are harshly punishable by prison time. Class 6 dangerous offenses are the least extreme, whereas Class 2 are considered the most dangerous and just short of homicide. If it is your first dangerous offense, you may get a more severe sentence than a similar non-dangerous charge.
For a lower class of dangerous offense, say for Class 4 through Class 6, you could get a prison time sentence between six to eighteen months. Presumptive sentences for such offenses start from a year to the extent of two and a half years. In similar situations, for a more extreme Class 2 offense, these sentences may increase to about seven to 21 years behind bars for you.
In contrast, similar convictions without evidence of weapon or cruelty at the crime scene could largely reduce your probable jail time. In such cases, you might be fortunate enough to be locked up for about three to 12 years, with an approximate presumptive sentence for five years.
This should give you a fair idea about the considerations of the law towards the extremeness of a dangerous offense. For a first-time dangerous offense with a clean character background, you may get a more lenient sentence by the court. Upon such conviction, your lawyer would best represent you in the court with the right arguments and may advise you to plead guilty for a lesser sentence.
Fines for causing Dangerous Offense
Dangerous offenses invite fines of up to $ 1,50,000 over the prison time sentence in such cases. This amount may be higher if you are found in possession of any kind of drug during your conviction. State-induced surcharges on dangerous offenses may increase this fine by a total of about 78%, which the judge may reduce if you can convince the court of your financial situation. Although this amount may be negotiated by the judge for a prison time sentence as stated for a Class 5 or Class 6 convict, which would also be a setback for you anyway. As a Dangerous Offender, you may have to face secondary charges of “assessment” by the court. These are comparatively lesser charges but can range from anywhere between $ 50 to $ 500 depending on the grounds.
Grounds that influence Dangerous Offense sentences
Despite the mandatory sentences, there are factorial provisions that may reduce your sentence in jail. This is of particular importance if you have been convicted for a first offense. Some of these factors can be:
- A lack of any criminal background record
- Good character
- Charity work
- Good grades in your education
- You can establish connections between the assault and your disturbed upbringing.
However, aggravating factors like the extremity of your crime or a lack of remorse may increase the sentence time substantially as well. Your lawyer could be the person to explain these details to you. Your lawyer could assist you with necessary evidence collection and represent you in court with the best possible arguments.
What I need to do?
Unfortunately, if you find yourself charged with a Dangerous Offense, you should immediately get in touch with a qualified and experienced defense attorney. This is for your best interest as a conviction under a dangerous offense carries serious long-term consequences. After a conviction on charges of dangerous offense, you would be penalized more severely for subsequent offenses of any kind, making it that much harder for you to get a job or housing. Furthermore, you cannot get permits for possessing a firearm.
Dangerous offenses are considered among the worst crimes that any individual may be convicted of. As such, it is essential to get an experienced attorney involved in such matters from the initial stage so that the potential legal risks you may face may be mitigated. Discussing the situation in detail may help your defense attorney proceed with the case more confidently and hopefully eventually lead to a less severe sentence by the court. Your personal defense attorney should always fight for your best interest in the courtroom.
To learn more visit https://hoglecriminallaw.com/mesa
The Hogle Law Firm in Mesa
1013 S Stapley Dr
Mesa AZ 85204