How Arizona’s Sentencing Enhancements Work: Dangerous Offenses, Repeat Felonies, and Aggravating Factors

Sentencing in Arizona is not as simple as matching a felony class to a number of years. The State has several mechanisms that increase prison exposure far beyond the “standard” range.

Two people accused of the same offense may face radically different consequences depending on whether the State alleges dangerousness, prior convictions, or aggravating circumstances.

Dangerous Offenses Under ARS 13-704: One Allegation Changes Everything

Arizona law defines a “dangerous offense” as any felony involving the use, discharge, or threatening exhibition of a deadly weapon or dangerous instrument, or any felony involving the intentional or knowing infliction of serious physical injury.

This definition is broader than most people expect. For example, a weapon does not need to be fired, and an injury does not need to be permanent for the State to classify an offense as dangerous.

Once an offense is alleged as dangerous, the sentencing range increases sharply. Probation is usually off the table, and prison becomes mandatory for most classes of felonies. A non-dangerous aggravated assault and a dangerous aggravated assault have very different sentencing structures, even though the charge sounds similar.

The dangerousness allegation must be proven or admitted, but once it applies, the judge’s sentencing options narrow. This is why prosecutors take dangerousness so seriously and why defense attorneys analyze the allegation’s validity early in the case.

Repeat Felonies and Historical Priors: Arizona’s Repetitive Offender Scheme (ARS 13-703)

Arizona doesn’t use terms like “habitual offender” or “three strikes.” Instead, it uses the repetitive offenders sentencing guidelines in ARS 13-703. A person may be classified as a repetitive offender depending on their “historical prior felonies,” a specific statutory term that does not include all prior convictions.

Historical priors include:

• Certain Class 2 or Class 3 felony convictions
• Class 4, 5, or 6 felonies that were dangerous or involved specific aggravating factors
• Serious or violent felonies, which count regardless of how long ago they occurred
• Certain offenses in which release dates and commission dates affect eligibility

If a qualifying felony prior exists, the person may fall into Category 2 (one prior) or Category 3 (two or more priors). Each category has a different sentencing chart, and the ranges increase significantly between categories. A Class 4 felony that carries a relatively modest sentence under Category 1 can become much more severe under Category 2 or Category 3.

Some historical priors always count, such as serious or violent felonies, even if they occurred decades ago. Other types of priors only qualify if they fall within specific timeframes, and Arizona excludes time spent in custody when calculating those windows.

Because different rules apply depending on the type of prior, the timing and classification of past convictions can dramatically affect sentencing exposure.

Aggravating Factors Under ARS 13-701: What Pushes a Sentence Above the Presumptive Term

Aggravating factors differ from dangerousness and historical priors. They are not separate categories of offenders but instead facts that justify a sentence above the presumptive term.

Aggravators must either be found by a jury or admitted during the sentencing process. Some of the aggravators in ARS 13-701 include:

• Emotional or financial harm to the victim
• Presence of a minor
• Multiple victims
• Use of a position of trust or authority
• Property damage or financial loss
• Planning or sophistication
• A prior felony conviction (even if it does not qualify as historical)

Aggravators do not automatically result in mandatory prison time. However, they allow the judge to impose a longer sentence within the aggravated range. When aggravators stack with dangerousness or repetitive-offender allegations, sentencing exposure can increase dramatically.

Special Sentencing Categories That Further Increase Penalties

While dangerousness, historical priors, and aggravators are the most commonly discussed enhancement mechanisms, Arizona has additional categories that impose even harsher penalties.

• Dangerous Crimes Against Children (ARS 13-705): These offenses involve strict mandatory minimums, flat-time requirements, and lengthy sentencing ranges that exceed standard felony charts.
• Aggravated Violent or Serious Offenses (ARS 13-706): These statutes restrict early release and impose higher mandatory minimums for certain violent felonies.

These special categories can apply in addition to the other sentencing enhancements for the same crimes, creating sentencing structures that are far more severe than the base felony classification suggests.

How Enhancements Stack and Multiply Prison Exposure

Arizona’s sentencing statutes do not operate in isolation. Enhancements overlap and interact, which is why sentencing can escalate so rapidly. Examples of stacking include:

1. A dangerous offense with historical priors under ARS 13-703
2. Aggravating factors added to a dangerous or repetitive-offender range
3. Special categories applied on top of dangerousness allegations

Because these enhancements alter the sentencing chart itself, two defendants charged with the same offense may face sentencing ranges that can differ by decades depending on how the State structures its allegations.

Common Misunderstandings About Arizona Enhancements

If you have priors and are facing new criminal allegations, it’s vital to understand which enhancements you are likely to face and how they will influence sentencing. What you think is important may not matter to the court, like having gone many years without a conviction, or just possessing a weapon without using it during a crime.

What might seem minor at first glance can spiral into extremely long sentences when these enhancements are applied. If you are facing charges that carry the risk of enhanced sentencing, it may be time to call an experienced defense attorney. 



Contact Board-Certified Criminal Law Specialist Michael Alarid III at (602) 818-3110 for a free, confidential case evaluation.