Sentencing in a felony and misdemeanor criminal case

If someone is convicted of a crime in an Arizona court the procedure for sentencing depends on whether the case was a felony or misdemeanor. Most driving under the influence, or DUI, cases are misdemeanors. But many other crimes, including sex crimes, drug trafficking crimes, and crimes involving serious injury, are felonies.

In a misdemeanor case the judge typically sentences the defendant after there is a guilty verdict, either by trial or by guilty plea. In a felony case the judge will almost always order a presentence report to be done and conduct sentencing about 30 days or so after the guilty verdict. That means the defendant is not sentenced the day of the guilty plea or the day of jury trial verdict but only after the adult probation department has conducted an interview and drafted a presentence report. The judge will then read the presentence report and hear the arguments of the Phoenix criminal defense attorney and the prosecutor and then decide his sentence at the sentencing hearing.

Only in extremely rare circumstances will the judge in a misdemeanor case order a presentence report and hold off sentencing until after the probation department has interviewed the defendant. At the sentencing hearing, whether it is a felony or misdemeanor, the defense can put on mitigation witnesses and the prosecution can put on aggravation witnesses. The role of the mitigation witnesses is to convince the judge to lesson the sentence, while the role of the aggravation witnesses is to increase the sentence. Typical mitigation witnesses include the defendant's family, while typical aggravation witnesses include the victim and his or her family.