Posted: 6/30/2013 8:48:36 AM EDT
| any body have any idea what the sentencing or penalty may be to a female who was arrested for assault? she has a dui conviction behind her but no other record. she beat up her boyfriend with her car keys in her hand so he recieved lacerations to his face. |
|
13-707. Misdemeanors; sentencing
A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations: 1. For a class 1 misdemeanor, six months. 2. For a class 2 misdemeanor, four months. 3. For a class 3 misdemeanor, thirty days. B. A person who is at least eighteen years of age or who has been tried as an adult and who stands convicted of any misdemeanor or petty offense, other than a traffic offense, and who has been convicted of one or more of the same misdemeanors or petty offenses within two years next preceding the date of the present offense shall be sentenced for the next higher class of offense than that for which the person currently is convicted. Time spent incarcerated within the two years next preceding the date of the offense for which a person is currently being sentenced shall not be included in the two years required to be free of convictions. C. If a person is convicted of a misdemeanor offense and the offense requires enhanced punishment because it is a second or subsequent offense, the court shall determine the existence of the previous conviction. The court shall allow the allegation of a prior conviction to be made in the same manner as the allegation prescribed by section 28-1387, subsection A. D. A person who has been convicted in any court outside the jurisdiction of this state of an offense that if committed in this state would be punishable as a misdemeanor or petty offense is subject to this section. A person who has been convicted as an adult of an offense punishable as a misdemeanor or petty offense under the provisions of any prior code in this state is subject to this section. E. The court may direct that a person who is sentenced pursuant to subsection A of this section shall not be released on any basis until the sentence imposed by the court has been served. This is for assault, not aggravated assault. Check to see what she was actually charged with. Of course, your mileage may vary, plea deals often drop certain charges for other lesser charges. |
|
Quoted: Assuming it is just C1M assault, you also have domestic violence crime considerations to deal with from ARS 13-3601. This. Domestic Violence has changed last year to include this, so if it is only misdemeanor assault, she may not get jail time, but the sentencing will be enhanced. Felony (aggravated) Assault, she is guaranteed jail or prison time, plus fines. 13-1204. Aggravated assault; classification; definition A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument. 3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part. |
