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What about for second-time offenders? Is there any difference in the way that’s handled as far as misdemeanors go?
Multiple DUIs within 84 Months Are Subject to Different Sentences upon Conviction
AZ Criminal Law Team Lawyer: Yes, there is and there are differences in the sentences. With DUIs, if it’s a second-time DUI, it’s handled differently than a first-time. It also depends on whether it was within 84 months. DUIs are kind of a technical charge. If it’s your second time within 84 months, it will be handled differently.
Can Charges Be Raised from Misdemeanors to Felonies?
Interviewer: Oh, sure. How does a charge raise from a misdemeanor to a felony?
AZ Criminal Law Team Lawyer: If it’s a case, like a DUI case, and it’s the third one within 84 months, that third one will become a felony. Or if someone wants to have an ignition interlock on their car and they’re caught driving without it—that would be a felony. Or say someone is driving under the influence and they hit someone and they caused an actual injury to another person—that could be filed as an aggravated assault.
The Severity of the Crime Determines the Level of the Charge
It will depend on the severity of the crime. Sometimes it will fall under what’s under the Arizona statutes. It just depends on the offense and whether it will qualify as a felony, depending on the statute it will fall under.
Interviewer: Could you give me some idea of what’s considered a misdemeanor and what’s considered a felony?
Petty Offenses Are Not as Serious as Misdemeanor Charges
AZ Criminal Law Team Lawyer: Well, misdemeanor offenses are less complicated and not quite as serious. Again, you could potentially face six months in jail on a misdemeanor. Then there are petty offenses, which don’t even rise to the level of misdemeanor charges.
With felony cases, these are a little more serious, depending on whether you fall within a Class 2, 3, 4, 5 or 6 and then whether it’s deemed a dangerous or a non-dangerous offense. All of that will have an effect on a felony case.
With felony cases, the sentences are a bit greater, and if you’re convicted of a dangerous offense, like robbery or assault, then the sentence will also be greater.
A DUI Can Be Charged as a Misdemeanor or a Felony
Interviewer: What kind of DUI is a misdemeanor and what kind of DUI is a felony?
Driving under a Suspended License or with a Minor in Your Car Can Raise a DUI to a Felony Level Charge
AZ Criminal Law Team Lawyer: DUIs for felonies fall under different categories. If your license is suspended or revoked, and you are caught driving, then that would be a felony. If it’s your third one within 84 months, that’s also a felony. If you have a child under the age of 15 in your vehicle, that’s a felony, and if you were required to have an ignition interlock on your car and you did not have one, that’s considered a felony.
All of those would be filed as an aggravated DUI and not a misdemeanor. Those would be the four things that would make it an aggravated DUI.
Interviewer: What about theft charges? Which kind of theft charges are misdemeanors and which ones are felonies?
AZ Criminal Law Team Lawyer: With theft charges it will depend on the value of the items that are stolen. It will range between what the property is valued at.
Carrying a Weapon Can Raise a Charge to a Felony
Interviewer: Does a weapon have anything to do with the level of the charge?
AZ Criminal Law Team Lawyer: Yes. If there’s a weapon involved, then generally that would be an armed robbery and that would be considered a felony.