In Arizona, certain types of crimes are eligible for parole under Arizona’s revised statutes. These statutes detail all of Arizona’s state laws and the penalties associated with each misdemeanor, some misdemeanors have minimum and maximum jail terms, others have no jail time, and many misdemeanors offer the possibility of parole.
In Arizona, there are three forms of probation that you may be eligible for. Each type of parole sets out specific rules and guidelines that must be followed to keep you out of jail. If you break the rules, your probation may be revoked and you will have to serve the remainder of your sentence.
What are the typical parole conditions?
It is important to remember that probation comes with certain rules that must be followed. If you break any of these rules, you can go back to jail to have your sentence completed.
Common terms of parole in Arizona typically include:
commutation of sentence
Pursuant to Arizona Statutes §§31-443 and 13-603, an inmate may receive a toggle from you Phrase. Commuting does not pardon the inmate or remove the criminal charges. However, it reduces the prison sentence. The Executive Clemency Board must recommend the conversion and the governor must approve it.
The Executive Clemency Board may recommend and approve a full and unattended release under Arizona Statutes §§41-1604.09D and 31-414. Full release terminates the inmate’s sentence.
CONVICTION AT A FELONY
A felony is a crime punishable by one year or more in state prison. There are certain situations that allow a person to receive less than a year in prison for a crime (see below). Criminal crimes in Arizona are divided into “classes”. These classes can be thought of as levels. The lower the class number, the harsher the penalties can be. For example, a Class 5 felony is not as serious as a Class 2 felony. There are also mandatory higher penalties for those deemed repeat offenders, as well as cases where there are charges of “dangerousness” and other circumstances). In order to better understand the rate tables for each category, a person needs to understand what the terms at the top of the tables mean. The term “presumptive” is the starting point for the court to make a judgment. The court is free to move the judgment up or down within the table ranges, but the court needs a legal basis to move the judgment outside of the “presumed” period. Aggravating and extenuating circumstances play a role here. Aggravating factors are any factors that tend to lengthen a penalty. These typically include committing crimes for financial gain, multiple victims in one case, the crime was committed with an accomplice, there was a weapon involved, and more. The factors are alleged by prosecutors to try to increase a person’s sentence. The mitigating factors are the opposite. These are factors that defense attorneys bring forward to try to get the court to reduce the sentence. These factors include family support, age, responsibility, regret, and many others. When returning a sentence, a judge will weigh and weigh these factors against each other to determine the appropriate sentence. If the judge finds that the extenuating circumstances outweigh the aggravating factors, you can now legally defer the sentence to the presumed statute of limitations. If the judge finds that the aggravating factors outweigh the mitigating factors, you can now legally delay the sentence beyond the presumed time limit. For a judge to impose the term “aggravated,” the court must determine that the prosecutor has established at least two aggravating factors and that those aggravating factors significantly outweigh any mitigating factors. In other words, the judge must believe that the aggravation is so severe that the aggravation penalty is the only reasonable penalty. The same applies to the term “Mitigated” in the graphic. The judge must determine that the relief presented in the case is so strong that it materially outweighs any aggravation in the case. “Aggravated” and “reduced” penalties are very rare and are generally imposed in very limited situations.
The first major area of penal law can be found in A.R.S. § 13-702 and deals with first crimes. A person charged with a non-dangerous crime for the first time is eligible for parole in most cases. In addition, all first-time convictions for non-dangerous offenses that result in a prison sentence can be released after serving 85% of the sentence. For the first time, non-dangerous crimes, the verdict table in A.R.S. Section 13-702(D) has many different numbers listed for each class of crime. This table looks like this:
GENERAL DEFECTS
With the exception of certain drug convictions, anyone convicted of a first offense, a non-dangerous offense, is eligible for parole. The range of penalties for general crimes includes the type of crime, the reduced prison sentence, the mandatory minimum, the presumed prison sentence, the mandatory maximum and the aggravated prison sentence. The instruction table looks like this: