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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27436
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is there a prison mandatory sentence for a per convicted of

Resolved Question:

Is there a prison mandatory sentence for a per convicted of being a prohibited possessor in the state of Arizona. Also, I know it's a Felony, but what class?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me more about the charge?
Customer: replied 6 years ago.
My ex-wife is being charged with a prohibited possessor felony in Pima County Az. She is a convicted felon, she went out and was shooting a semi-automatic rifle with my 9 year old daughter. She posted the picture on Facebook, so I printed the picture and called the police. I reported it to the Peoria Az police dept., because that's where we live. The officer called my ex and she admitted everything. The officer told me I had to call Tucson police because that's where the crime took place. The detective in Tucson called my ex and she admitted it to him as well. She was arrested and released and has a court date Sept. 15th.
Expert:  Ely replied 6 years ago.
Hello,

I have referred your question to an expert who is well-versed in just this type of matter. Please allow her some time to answer, as she is unavailable at the moment. She should follow up this evening, at the latest.
Expert:  Zoey_ JD replied 6 years ago.
Hello, Jacustomer.

Your Expert asked me to take a look at this for you.

As you probably know already by now, Section 18 USC 922(d) says that if you have been convicted of a crime for which the maximum possible penalty is more than a year, you lose your Federal gun rights. That means by definition that a Felon has no rights to be anywhere near a firearm in Arizona or, in any other state. The maximum penalty for a felon in possession of a firearm in the Federal system is 10 years of prison.

In Arizona, similarly, a felon loses his gun rights. That would make this defendant a prohibited possessor under ARS 13-3102.4 As you can see in section L of that statute when you scroll all the way down, this offense would be a Class 4 felony in Arizona.

In AZ the presumptive sentence for a Class 4 felony is 2.5 years. To sentence a defendant to more than 2.5 years, there would have to a finding of aggravated factors.

But you are interested in the minimum. To go below the presumptive sentence, the court would have to look at mitigating factors. However, on a Class 4 Arizona felony, the judge does have the power to put the sentencing guidelines aside and sentence a defendant to probation UNLESS the crime is considered a "dangerous offense" In 13-105(d) Arizona involves a dangerous offense as :

"an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

So yes, this would appear to have a mandatory jail sentence. However, that is only if the prosecutor refuses to reduce or dismiss this charge in order to allow your wife to plead guilty to something else for which probation would be possible. Arizona, in general, is a liberal state where firearms are concermed, and it's possible that her lawyer may be able to work something out to that effect. Whether that's likely, however, will depend a great deal on the facts and circumstances of the case and the particular feelings of the prosecutor. The fact that there was a child with her probably won't do her much good. It's not a foregone conclusion, but at least some time looks like a good bet here.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27436
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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