Sentencing in Tucson

Tucson Criminal Defense Attorney Explains Federal and State Sentencing

Sentencing, not trial, may actually be the most important part of staying out of prison in your Arizona state or federal case.

In criminal law, we hope to avoid the sentencing phase, wherever possible. Unfortunately, an overwhelming majority of criminal cases, especially in federal court, result in a conviction.  If you win a trial, or get the case thrown out on a motion, then there will be no sentencing phase in your case.  In cases with a guilty plea or verdict, there will be a sentencing phase.  Plea negotiations will often dictate a specific sentence, where sentencing after a guilty verdict at trial may leave more discretion in the hands of the sentencing judge.  If there must be a conviction of some kind, it is important to fight the charges to at least avoid convictions as to the most serious charged offenses.

In any event, sentencing is a vital part of criminal defense work.  From understanding how different charges and allegations can be "plead down" to presenting the strongest mitigation possible, to knowing how to seek a variance from sentencing guidelines, your criminal defense attorney must be experienced, knowledgeable, and sufficiently prepare in order to get you the best outcome.  If you have a pending criminal matter, understanding your possible defenses, potential outcomes, and sentencing possibilities is crucial.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

Although many of the consequences associated with facing criminal charges, and defendants should always be concerned about the impact a conviction might have on their lives, ability to travel/move, immigration status, professional licensing, and employment, the single thing that seems to concern our clients most is avoiding jail.  This is where an experienced criminal defense attorney can help.  First by seeking to avoid a conviction at all costs, because with no conviction there can be no sentence.  Of course if that fails, skilled negotiating for favorable plea deals, and strong sentencing advocacy can still provide a more palatable outcome.  Each case is different, as is each accused.  Through experience, dedication, and working closely with our clients, we fight to get you the best result we can.

FEDERAL SENTENCING IN ARIZONA
In response to drastically varying outcomes in federal courts around the country, Congress passed the Sentencing Reform Act of 1984.  The United States Sentencing Commission sought to create more uniformity in sentencing by proscribing specific sentencing ranges, considering both the severity of the offense, and the seriousness of the offender's prior criminal history.  The sentencing guidelines provided for very harsh mandatory minimum sentences, even for many first time, non-violent offenders.  In 2005, the United States Supreme Court ruled that the sentencing guidelines must me advisory only, and not mandatory as originally intended.  As a result, many federal judges will depart from the guidelines, and impose sentences well below the guidelines, but the reasons justifying a mitigated sentence must be well presented and argued for the judge.  One thing that you can be sure of is that the United States of America, your opponent in a federal case, will be well-represented by the United States Attorney's office.  Make sure to cooperate with your lawyer, and be forthcoming with any information that might warrant lesser punishment in your federal case.  Your lawyer should be familiar with, and/or carefully research all grounds for a more favorable sentence in your case.  Presenting the right mitigation can be he difference between being eligible for probation, and having to serve a lengthy sentence in federal prison.  Federal cases are serious, and have a conviction rate over 95%; this means that, when facing federal charges, great advocacy at the sentencing phase is vital.

STATE COURT SENTENCING IN ARIZONA
Arizona has a sentencing scheme that is structured similarly to that of the federal system.  Not only are all crimes classified by seriousness (Felonies: Class 1-6, Misdemeanors: Class 1-3), but the sentences are enhanced for repeat offenders, creating a sentencing scheme similar to the federal sentencing.  One major difference between state and federal sentencing in Arizona, is the proscribed sentence ranges themselves.  Even though Arizona has some of the strictest state level criminal laws in the country, the federal sentencing guidelines will call for harsher punishments for the same conduct a majority of the time, often calling for exponentially longer sentences.  In Arizona felony courtrooms, Each crime has a presumptive sentence, a mitigated sentence, and an aggravated sentence.  Each sentence in that range is increased on the basis of prior felony convictions.  In some cases, it may not be in the cards to avoid a conviction altogether, but it may be possible to be convicted of a lower class of offense, or get a reduced sentencing range by arguing that it was merely an attempt or solicitation (which reduces the class of the crime).  This can be done in plea negotiations, or by winning certain arguments at trial.  Within a sentencing range, it is important to consider presenting mitigating evidence of the defendant's good moral character, rehabilitation, contrition, obstacles overcome in life, limited criminal sophistication, duress, minor involvement in the crime, restitution made to victims, and more.

FREE CONSULTATION 520-585-5757

Again, avoiding sentencing altogether is the goal.  If we can win a case at trial, or use motions to get vital evidence thrown out, or even get a case dismissed, this is the best outcome.  With today's technology, evidence of guilt can be overwhelming (e.g. video of the defendant committing the charged offense).  This, as well as developments in the law surrounding the discretion still afforded judges, even with guidelines in place, has made sentencing, and a strong grasp of the surrounding law exceedingly important in criminal cases, both state and federal.  Calculating your maximum exposure in a case, and then going to work finding each and every way to knock that down, can make the ultimate difference, and can even mean no incarceration at all instead of prison time. 

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IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN STATE OR FEDERAL COURT IN ARIZONA, CONTACT THE TUCSON DEFENDERS TO DISCUSS YOUR CASE, POSSIBLE DEFENSES, POTENTIAL OUTCOMES, AND LET US GET STARTED FIGHTING FOR YOU.  CALL US FOR A FREE, NO OBLIGATION CONSULTATION TODAY.  520-585-5757.

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United States Sentencing Guidelines Manual
PACER Federal Court Records
US District Court - District of Arizona (Tucson)

Arizona Sentencing Guidelines
Pima County Law Library
Pima County Superior Court