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What is a Second Degree Felony?

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Second degree felony crimes are serious crimes that come with prison terms, and fines, though the specifics are determined by each individual state.

Types of Second Degree Felony

  • Aggravated Assault
  • Arson
  • Manslaughter
  • Robbery
  • Sexual Assault
  • Possession of a controlled substance
  • Criminal trespass
  • Theft
  • Child Molestation
  • Child Pornography

Though a first time second degree felony offense is punishable by the presumptive sentence, the elements of the offense as well as aggravating or mitigating circumstances can change the actual sentence.

If a first time offender commits a felony crime that includes two aggravating circumstances, the presumptive term can be enhanced to an aggravated term. Likewise if a first time offender can prove at least two mitigating circumstances the presumptive term can be reduced to the mitigated term.

Enhancements are mandatory where firearms or deadly weapons are used during the commission of a crime, or when the crime is committed against the elderly, or if the crime is motivated by hate.

Repeat violent offenders, as well as major drug offenders can have as much as 10 years added to their sentence.

Sentences for a Second Degree Felony

The presumptive prison sentence for any first time offender of a second degree felony crime is five years with a minimum of 4 years.

  • The mitigated sentence is three years
  • The maximum sentence is 10 years
  • An aggravated sentence is 12.5 years
  • Sentences for Repeat Felony Offenders

Category 1 repeat offender face the following sentences for second degree felony crimes –

  • Mitigated – 3 years
  • Minimum – 4 years
  • Presumptive – 5 years
  • Maximum – 10 years
  • Aggravated – 12.5 years

Category 2 repeat offenders face the following enhanced sentences

  • Mitigated – 4.5 years
  • Minimum – 6 years
  • Presumptive – 9.25 years
  • Maximum – 18.5 years
  • Aggravated – 23.1 years

Category 3 repeat offenders face the following enhanced sentences

  • Mitigated – 10.5 years
  • Minimum – 14 years
  • Presumptive – 15.75 years
  • Maximum – 28 years
  • Aggravated – 35 years

Second Degree Felony Fines

Any person convicted of a second degree felony will face a maximum fine up to $150,000 as well as a set number of years of probation, which is defined according to the crime.

* Arizona law presents a fair and clear representation of penal law, and is used in this article to offer a basic understanding of the second degree felony. The information contained in this article should not be construed as legal advice, and those accused of a second degree felony should seek legal counsel immediately.

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