FIRST OFFENSES 

Felonies are guided by Arizona’s mandatory sentencing guidelines as set forth in A.R.S 13-601, et seq. and A.R.S 13-701, et seq.Generally, a first time offender is eligible for probation if convicted. (See Sex Crimes, Dangerous Crimes, and Homicide for certain exceptions).This means that a judge has a choice of punishment ranging from a range of years in prison to probation for a first time felony conviction.Mr. Borrelli will do everything he can to ensure that any client convicted of a first time felony will receive probation with the least restrictive terms possible.

Probation is a suspension of sentence, where a judge can decide not to send a defendant to prison. Rather, that person is sentenced to a term of probation and is given terms & rules that he or she must follow.If the terms are violated, that probation can be revoked and sentenced to prison. Terms of probation can include paying fines, surcharges and restitution to victims of a criminal offense as well as a term of imprisonment up to one year in the county jail.Often probationers are required to attend various education and/or treatment classes (alcohol, drug, anger management, parenting etc.), perform random drug testing,

SECOND AND SUBSEQUENT OFFENSES

Second and subsequent convictions are prison mandatory under Arizona’s mandatory sentencing guidelines.  This means that a Judge may not give probation but is restricted to a specific range of prison that he or she must give to the defendant.  In many instances, however, having an experienced criminal defense attorney like Mr. Borrelli fighting for a better plea agreement can result in a sentence of probation even for second and subsequent convictions 

Regardless of the sentencing range a client is facing, Mr. Borrelli will work hard for his client’s interests.  He fights to ensure the best results for his clients. Whether that is a dismissal, acquittal, probation or prison, Mr. Borrelli will fight to make sure his clients’ lives are affected as little as possible by the charges they face.

Below is the Chart used by the courts to determine sentencing ranges for non-dangerous felony offenses based on the level of felony and the number of historical priors (Maximum is two historical prior felonies):

(UPDATED SENTENCING CHART COMING SOON!!!)

P = the presumptive sentence, where a judge starts and may move toward the minimum

and maximum based on factors that mitigate or aggravate the criminal offense.

( ) = the numbers listed in parentheses are the extreme minimum and maximum, typically a judge is bound by the standard min. and max., however in rare cases where exceptional circumstances exist he or she may go beyond the standard to these min. and max. terms. 

Any crime committed with the use of a deadly weapon or a dangerous instrument, or a crime which inflicts serious bodily harm on the victim may be classified as a dangerous offense.  Such crimes are prison mandatory, even for first time offenders and are sentenced to an elevated term of prison compared to non-dangerous offenses of the same level of felony and historical prior status.

Sentencing can be one of the most critical stages of a criminal case. If convicted, a judge usually has a range of sentencing options.  Either a range of years to be served in prison or even the choice of probation versus prison at all.  These things are decided at sentencing.  The judge must look at all mitigating factors (those that tend to show this particular crime or defendant is less serious or likely to reoffend) and aggravating factors (those that tend to make this particular crime or defendant more serious or dangerous).  It is important that any and all mitigating factors in your case are presented so that the judge can give you the minimum amount under Arizona law for any criminal conviction.   

Mr. Borrelli is experienced at presenting mitigation on behalf of his clients.  Where necessary, mitigation specialists who are experts in various fields such as mental health and substance abuse can be used to make sure the judge understands the mitigating factors of the client.  Mr. Borrelli often requests mitigation hearings where witnesses can be brought in to testify about those aspects of a client’s life which would lead to mitigation.  As a criminal defense attorney, Mr. Borrelli is dedicating to doing whatever he can to minimize the impact of criminal charges on his clients’ lives.