Allegation of Dangerousness or Violent Offense
If you are charged with an offense that has been alleged to be a "dangerous offense" or a "violent offense," the State is trying to increase the punishment if you are convicted of that offense. The added allegation or added accusation of the crime being "dangerous" or "violent" will carry additional consequences to any crime to which it is attached including:
- Aggravated Assault
- Disorderly Conduct
- Child Abuse
- Elder Abuse
- Armed Robbery
- Burglary in the First Degree
- First Degree Murder
- Second Degree Murder
A "dangerous offense" or a crime that is alleged to be "dangerous" is a crime that somehow involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument (anything under the circumstances in which it is used, threatened to be used or attempted to be used could cause death or serious injury — even a pencil or a car...) or any crime in which a person intentionally or knowingly inflicted serious injury on someone else. If a person is found guilty of a crime and that crime is also found to be "dangerous," that person MUST receive prison and an enhanced amount of prison as punishment. The dangerous allegation can be found even if the crime itself already requires the discharge, use or threatened exhibition of a dangerous instrument or deadly weapon.
A "violent" crime is any offense that has been alleged and found to have caused death or any physical injury (even if the offense is a misdemeanor) or any offense that involved use of a deadly weapon or dangerous instrument. If a person has been charged with or convicted of any "violent" offense at any point in their life, that person will not be eligible for certain protections in the future that are provided to other people by the Arizona criminal code including "Proposition 200" protection or guarantees of probation with drug treatment on personal possession of drug cases.
Arizona Dangerous Offense Attorney
If the State has chosen to "up the ante" in your case by alleging that the crime you are charged with is a dangerous offense or a violent offense, you want an experienced attorney who is not intimidated by the State's use of punishment enhancements, but one who has challenged the allegation of dangerousness or the finding of violent offense in the past. You want an attorney who will explore the intricacies of your case and raise legal and factual issues to reduce your charges or have your case dismissed. You want an attorney who will honestly evaluate your case, including its strengths and weaknesses and who will advise you if trial or plea negotiations are in your best interest. You want an attorney who is not afraid of taking your case to trial if that is the best course for you. At the Law Office of Rachelle S. Ferraro, I have tried over ninety (90) cases to juries.
Contact a Phoenix Lawyer Handling Violent Crimes
I offer a initial free in-office consultation to all persons. Contact an experienced Arizona Attorney handling Dangerous and Violent Crimes at my office or by calling (602) 795-0770.