What are the rules of sentencing in criminal cases?

In Arizona, criminal sentencing is defined and governed by state law and the U.S. Constitution. According to the Arizona Revised Statutes (ARS), a sentence must be based on the severity of the offense or crimes committed and the offender’s criminal history. Generally, the greater the crime and the more severe the offender’s criminal history, the harsher the sentence. A court will also consider how to protect the community from future criminal activities and to provide the offender with the opportunity to reform and become a contributing member of society. Sentences can be imposed for any felony or misdemeanor criminal offense. Possible sentences include probation, jail, prison, fines, or a combination of these sanctions. Probation is a sentence that requires the offender to follow specific rules and regulations imposed by the court, such as a curfew, mandated substance abuse counseling, and/or community service. Jail is less restrictive than prison. In Arizona, jail sentences are usually measured in days, and usually range from 30 to 180 days. Prison is a harsher sentence that requires extended confinement. Courts may also impose fines as part of a sentence in criminal cases. Fines will usually depend on the severity of the crime committed and the offender’s criminal history. A defendant who cannot pay the fine may be allowed to do community service or required to attend substance abuse counseling in lieu of paying the fine. When an offender cannot meet the conditions imposed for probation, the court may revoke the probation and sentence the offender to a jail or prison term. In Arizona, this must be done in a hearing where the defendant and their attorney have the right to challenge the proposed sentence.

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