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    Speak Up! - View Question #25246


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    Question:

    A group of my friends got into a fight with another group of boys, and one of my friends broke another guy's arm with a hammer. He is 18 and is being charged with attempted murder. If convicted, how long will he be in jail for?



    Answer:

    If your friend is indeed charged with attempted murder under A.R.S. § 13-1105 and A.R.S. § 13-1001 (which deals with attempt), and is found guilty of attempted murder, it is a class 2 felony.

    Under Arizona law, if a person is found guilty of an attempt crime, meaning that they try to commit the crime but are unsuccessful, then the class of felony is slightly less serious than if they had been successful. Murder is a class 1 felony, but because you said your friend was charged with attempted murder, then they may be charged and potentially convicted of a class 2 felony which is less serious. Basically the lower the number, the more serious the felony is and the more serious the consequences.

    If convicted of a class 2 dangerous felony, your friend may be sentenced to prison between 7 and 21 years, with a presumptive sentence of 10.5 years. The presumptive sentence is what anyone convicted of a class 2 dangerous felony is expected to get if found guilty. The judge would have the discretion to reduce the sentence to no less than 7 years, and increase the sentence to no more than 21 years. You may have noticed that I called it a "dangerous" felony. What that means is that a deadly weapon or dangerous instrument (here a hammer) was used in the crime.


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