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Sentencing Guidelines
Sentencing most often occurs immediately after the trial, once the judge or jury has found the defendant guilty. If sentencing is set off, it will be held within 30 days of the trial.
As the victim, you have the following rights at sentencing:
- The right to be heard at any proceeding involving a negotiated plea and at sentencing;
- The right to read pre-sentence reports related to the crime which are available to the defendant;
- The right to receive prompt restitution;
- The right to submit a written impact statement or make an oral impact statement;
- The right to be present at sentencing.
If you are seeking compensation, referred to as restitution, the judge will determine the exact amount, if any, that you will be given at this time. Submit Your Restitution Request Here. You must also send copies of any receipts or bills as proof of your claim within 10 days either by faxing them to 602-534-4540 or mailing them to:
Phoenix City Prosecutor's Office
P.O. Box 4600
Phoenix, AZ 85030-4600
ATTN: Victim Services Unit
602-261-8192
Sentencing Considerations
When deciding what sentence to impose, a judge will consider many factors:
- The recommendation of the prosecutor; any prior convictions or other aggravating factors;
- Statements or requests made by the victim;
- The recommendation of the defense attorney; the lack of prior convictions or other mitigating factors; and
- Statements of the defendant.
1st Offense Domestic Violence Conviction
Class 1 Misdemeanor:
- 0-3 years unsupervised probation
- 0-$2,500 fine
- 0-180 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
Class 2 Misdemeanor:
- 0-3 years unsupervised probation
- 0-$750 fine
- 0-120 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
Class 3 Misdemeanor:
- 0-1 years unsupervised probation
- 0-$500 fine
- 0-30 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
2nd Offense Domestic Violence Conviction
Class 1 Misdemeanor:
- 0-3 years supervised or unsupervised probation
- 0-$2,500 fine
- 0-180 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
Class 2 Misdemeanor:
- 0-3 years supervised or unsupervised probation
- 0-$750 fine
- 0-120 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
Class 3 Misdemeanor:
- 0-1 years supervised or unsupervised probation
- 0-$500 fine
- 0-30 days jail
- Mandatory Domestic Violence Counseling
- Court may order restitution
3rd Offense Domestic Violence Offense
The following cases are referred to the Maricopa County Attorney's Office for review for felony prosecution:
- Third offense within 5 years where 2 prior convictions occurred after 1999
- An assault where victim has a valid Order of Protection against the defendant
- 0-30 days jail
- Aggravated Stalking
- Aggravated Harassment
- Assault causing serious physical injury
Prohibited Possessor
A person convicted of a Domestic Violence offense is prohibited from owning a firearm or ammunition. It is a federal felony offense for a person convicted of a misdemeanor crime of Domestic Violence involving physical force or the threat of physical force to possess a firearm or ammunition.
18 USC § 922(g)(9)
