Mandatory minimum sentences in Arizona are the lowest prison terms a judge can impose when a statute requires a floor, and A.R.S. 13-701 sets the felony range of mitigated, minimum, presumptive, maximum, and aggravated terms. A.R.S. 13-701 controls how those ranges are measured, but DUI statutes add their own floors. Under A.R.S. 28-1381(A)(1) and (A)(2), a first DUI can mean at least 10 days in jail, a 90-day license suspension, and fines and assessments that often exceed $1,600. Under A.R.S. 28-1382(A), extreme DUI starts at .15 BAC, with 30 days in jail, and .20 BAC super-extreme DUI carries 45 days. A second offense can add 90 days or more. If charged in Tempe or anywhere in Arizona, call a lawyer immediately today now.
What are mandatory minimum sentences in Arizona?
Mandatory minimum sentences in Arizona are the shortest punishments a judge may lawfully impose when a statute requires prison or a set sentencing floor, and A.R.S. 13-701 supplies the felony framework of mitigated, minimum, presumptive, maximum, and aggravated terms. Under that statute, the court does not freely pick a sentence, it must sentence within the range the law allows.
For many felony cases, the judge starts with the presumptive term in A.R.S. 13-701 and then looks for aggravating or mitigating circumstances. If another Arizona statute requires a mandatory prison term, the court cannot go below that floor even if the facts are favorable. That is why early defense work matters, especially in cases that can be charged as felonies.
Which charges carry mandatory prison time?
Charges that carry mandatory prison time are usually the offenses governed by statutes outside A.R.S. 13-701, because 13-701 itself sets the general felony sentencing ranges rather than a single fixed prison term. In Arizona, mandatory prison exposure can arise in serious felony cases, repeat-offender prosecutions, and offenses where the legislature has removed probation as an option.
The exact minimum depends on the charge, the class of felony, and any prior convictions or special allegations. A first felony may allow probation or a lower range, while later cases can trigger stricter sentencing. The key point is that not every felony has a mandatory minimum, but once a statute requires prison, the judge must follow that law.
How can a defense lawyer avoid a mandatory minimum?
A defense lawyer can avoid a mandatory minimum by defeating the charge, reducing it to a non-mandatory offense, challenging prior convictions, or negotiating away allegations that raise the sentencing floor. In Arizona, the sentencing result often turns on whether the prosecution can prove the elements, the prior history, and any special factors beyond a reasonable doubt.
A lawyer may also push for charge reductions, dismissal of enhancements, or mitigation at sentencing under A.R.S. 13-701. Good defense work starts early, before plea deadlines and trial settings make leverage disappear. If the evidence is weak, the defense can often make prison less likely or eliminate a mandatory term entirely.
How do criminal cases play out in local Arizona courts?
Criminal cases in local Arizona courts usually begin with an arrest, a first appearance, and a pretrial process that can include release conditions, disclosure, motions, and plea negotiations. Felony cases may move through municipal courts, justice courts, and superior court depending on the charge, and sentencing follows the Arizona statutes that apply to the offense.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman, and represents clients in the courts near each. If your case is in Maricopa County, city charges may be handled in Phoenix, Mesa, Scottsdale, Glendale, or Tempe, so local knowledge matters. See our Phoenix criminal defense lawyer, Mesa criminal defense lawyer, and Scottsdale criminal defense lawyer pages.
When should you call an Arizona criminal defense lawyer?
You should call an Arizona criminal defense lawyer immediately after an arrest, citation, search, or police interview, especially if the case could involve mandatory minimum sentences arizona. Early representation can protect your rights, preserve evidence, and stop damaging statements from being used against you later.
Oliverson Law handles mandatory minimum sentence defense, and the firm also defends DUI cases through our Arizona DUI lawyer page, drug charges through our Arizona drug crimes attorney page, and violence allegations through our Arizona assault lawyer page. If you need help now, use our contact Oliverson Law page to get started.
What are the key Arizona courts and agencies to know?
The key Arizona courts and agencies to know are the Arizona courts system, the State Bar of Arizona, local municipal and justice courts, and the superior courts that handle felony sentencing. For sentencing questions, A.R.S. 13-701 is the core statute, but court rules, charging decisions, and local practices also affect outcomes.
Use the A.R.S. 13-701 statute text, the Arizona Courts site, and the State Bar of Arizona to verify authority and lawyer licensing. If your case also involves weapons or domestic violence allegations, see our Arizona weapons charges lawyer and Arizona domestic violence lawyer pages.
Frequently Asked Questions
A.R.S. 13-701 sets the basic felony sentencing structure in Arizona, including mitigated, minimum, presumptive, maximum, and aggravated terms. It does not create every mandatory prison term by itself. Other statutes can require a floor, limit probation, or increase the punishment range based on the offense or prior convictions.
Usually no, if a statute requires a mandatory minimum or removes probation as an option. The judge must follow the statute that applies to the charge. In other cases, the court may have discretion to impose a mitigated term or another lawful sentence under A.R.S. 13-701.
The presumptive sentence is the standard felony sentence the court starts with under A.R.S. 13-701. The judge can go lower with mitigation or higher with aggravation, as long as the sentence stays within the lawful range for the offense and any enhancement that applies.
Yes. Prior convictions can raise the sentencing range, increase the minimum term, or trigger repeat-offender laws that make prison more likely. A defense lawyer should review every prior allegation carefully because the state must prove the prior convictions before the court can use them to increase punishment.
Early defense work can preserve evidence, challenge the arrest, negotiate charge reductions, and fight allegations that create mandatory prison time. The sooner a lawyer gets involved, the more options there are to protect you from a sentence that cannot be changed later.
If you are facing a felony charge or a sentence that could carry mandatory prison time, call Oliverson Law now. Early action can change the charge, the range, and the outcome.
