Mitigating & Aggravating Factors in Arizona Criminal Sentencing

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Arizona Criminal Sentence Mitigating Factors

When a defendant is sentenced, the judge considers several mitigating factors: (1) age of defendant, (2) his capacity to appreciate that he did wrong, (3) was he under duress (4) his participation in the crime was minor, (5) family, community, religious support and any other factor the court finds to be mitigating.

Arizona Criminal Sentence Aggravating Factors

Judges may also consider numerous aggravating factors: (1) infliction or threatened infliction of harm, (2) use or threatened use of a deadly weapon or dangerous instrument, (3) taking or damage to property, (4) presence of an accomplice, (5) heinous, cruel or depraved manner in which the offense was committed, (6) offense was committed for money or something of value, (7) past felony history and much more.

Three Types of Sentencing

Each judge will balance the mitigating and aggravating factors and determine whether the defendant merits a mitigated sentence, aggravated sentence, or the presumptive sentence in any given circumstance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jeremy Geigle, Jackson White PC | Attorney Advertising

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