TUCSON CRIMINAL DEFENSE LAWYER Certain criminal charges in California carry mandatory minimum sentences, which judicial officers have generally been unable to sidestep. This is applicable to some misdemeanor offenses which carry mandatory minimum amounts of jail time (for example, Driving Under the Influence) or more serious felony offenses which require a minimum amount of prison time to be imposed upon conviction for certain offenses. This new change in the law increases judicial discretion, allowing a judge to look at a specific case and to determine that a particular defendant or particular crime does not require imposition of the prescribed minimum sentence. Though this type of law does affect the separation of powers, this is also part of a trend away from mandatory sentencing, in favor of greater judicial discretion. Federal sentencing, for example, was famous for its strict adherence to sentencing guidelines put in place during the late 1980s, until reforms rendered the guidelines merely advisory. Federal law does still have mandatory minimum sentencing for certain offenses. Prior to this change in the law, ARS §13-701 required a sentencing judge to look at the available range of sentencing and impose a sentence within that range based on the presence of mitigating or aggravating factors. This included not imposing a sentence below the minimum available sentence. Now, pursuant to ARS §13-719, judges may impose a sentence different from an applicable mandatory sentence, and may suspend the term if they deem that doing so is appropriate after considering the nature of the conduct, history and character of the defendant. Whenever a judge does depart from mandatory minimum sentencing, they must state the reasons for doing so on the record at sentencing. This law does not apply to crimes involving death or serious bodily injury to another person, certain child sex crimes, and engaging in a continuing criminal enterprise. Though this new law does not guarantee a better outcome for any criminal defendant, it provides additional tools for defendants, defense attorneys, and judges in crafting more favorable dispositions. It also takes away some of the bargaining power prosecutors would have when charging offenses with mandatory minimum sentences. IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN ARIZONA, HAVING AN EXPERIENCED, SKILLED ATTORNEY ON YOUR SIDE IS IMPORTANT. CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION ABOUT YOUR CASE. 520-585-5757.
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November 2024
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