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Speak Up! - View Question #384 |
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Question: Is it possible for a class 4 felony criminal damage charge to be reduced to a lesser charge if it is a first time offense for a 10 year old?
Answer: When you commit a crime in our society, you
have to be punished. How much punishment a criminal gets depends on how
bad their crime was, and whether or not this person has ever done anything
bad before. The punishment for a crime depends on the seriousness of the
crime.
Felonies are usually punished accordingly:
|
Minimum |
Maximum |
For a class 2 felony |
4 years |
10 years |
For a class 3 felony |
2.5 years |
7 years |
For a class 4 felony |
1.5 years |
3 years |
For a class 5 felony |
9 months |
2 years |
For a class 6 felony |
6 months |
1.5 years |
As you can tell, the punishment varies. This depends
on your past. If you have never committed a crime before, you may get
the smaller sentence. The degree of your punishment depends on the prosecutor
or county attorney - that is, the person charging you with the crime for
the state.
Since your question refers to a 10 year olds first offense,
it would fall within the juvenile rules. Arizona Law (ARS
8-321) gives the county attorney the option to 'divert' the accused
juvenile's crime to a 'community based alternative program' or to a 'diversion
program administered by the juvenile court'. What this means is that your
crime may be punished by dropping the felony charge, and having you complete
a class, program, or some combination, at the option of the county attorney
or prosecutor. This is optional.
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