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How much time will a prior convicted felon (possession charges) be given for a 13-1203A1-DV and 13-2904A1-DV

Phoenix, AZ |

Apparently my friend said some very rude things to the judge at his first hearing and now is waiting for another court date. He already has a record but not of domestic violence. I was curious how much time he will be sentenced.

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Attorney answers 1


If your friend is a convicted felon for drug possession, I would bet he has a criminal history that is greater than simple drug possession. In Arizona, first time possessors are usually given an opportunity to clean up in exchange for a dismissal of the charges. (Commonly referred to as a TASC deal.) So, if your friend has a conviction, it leads to the assumption that he has been in trouble previously and was not eligible for TASC or had a larger drug quantity and plead down to a possession charge.

The new offense is unrelated, assuming it is just the Domestic Violence Charge and that he is being forthright with you. It is a misdemeanor and likely being handled in a Justice or City Court. Much depends on what the prosecutor is willing to do and what his actual criminal history is. He will likely be appointed a public defender. If you are not satisfied with that, consider hiring private counsel who can help resolve the situation.

This general information does not create an attorney client relationship between the questioner and the author. The internet is NOT a place to get 'legal advice'...although gathering general information is always helpful.

Eleanor L. Miller

Eleanor L. Miller


Domestic violence convictions, whether misdemeanors or felonies, carry a number of collateral consequences. I isn't just a matter of whether he will/will not be given jail time. Your friend needs to consult with a competent criminal defense attorney, who can advise him/her of all the consequences of convictions, including potential jail time.



He ended up being sentenced to 20 days with a $70 fine and Unsupervised probation.

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