What is Felony Speeding in Arizona?
In Arizona, speeding is considered a serious offense that can result in severe consequences, including imprisonment. Felony speeding, also known as Aggravated Assault with a Motor Vehicle, is a specific type of speeding that can lead to a felony charge. In this article, we will delve into the definition, laws, and consequences of felony speeding in Arizona.
Definition and Laws
Felony speeding in Arizona is defined in Arizona Revised Statute (ARS) §28-662 as:
- Driving a motor vehicle in a reckless manner that endangers the life of another person; and
- Committing the act with a wanton disregard for the safety of others.
To be convicted of felony speeding, the prosecution must prove that the driver engaged in speeding with a reckless disregard for the safety of others, which means the driver knew or should have known that their actions were dangerous and likely to cause harm.
Consequences
The consequences of a felony speeding conviction in Arizona can be severe. A convicted offender can face:
- Up to 15 years in prison
- Fines up to $150,000
- Loss of driver’s license for a period of 1 year or more
- Ignition interlock device requirements
- Community service
In addition, a felony speeding conviction can lead to long-term social and economic consequences, including:
- Difficulty finding employment due to a criminal record
- Strained relationships with family and friends
- Increased insurance rates
- Potential deportation for non-citizens
Aggravating Factors
There are several aggravating factors that can increase the severity of the consequences:
- Accident resulting in serious injury or death: If someone is injured or killed as a result of the speeding, the offense can be upgraded to a more severe charge.
- Presence of children: If the speeding occurs in the presence of children, the offense can be considered more reckless and deserving of harsher punishment.
- High-speed collision: If the speeding results in a collision at a high speed (typically above 70 mph), the offense can be considered more severe.
- Multiple vehicles involved: If multiple vehicles are involved in the collision, the offense can be considered more severe.
Table: Felony Speeding vs. Misdemeanor Speeding
| Characteristic | Felony Speeding | Misdemeanor Speeding |
|---|---|---|
| Sentence | Up to 15 years in prison | Up to 1 year in jail |
| Fine | Up to $150,000 | Up to $2,500 |
| Loss of License | 1 year or more | Up to 6 months |
| Ignition Interlock | Required | Optional |
Penalties for Felony Speeding
The penalties for felony speeding in Arizona vary depending on the circumstances of the offense. The minimum and maximum penalties are:
- Minimum penalty: Up to 2 years in prison and a fine of up to $25,000
- Maximum penalty: Up to 15 years in prison and a fine of up to $150,000
Defenses and Sentencing
There are several defenses that can be used in felony speeding cases, including:
- Mistake of fact: The driver may argue that they did not intentionally speed or were not aware of the danger their actions posed.
- Reasonable mistake: The driver may argue that their actions were reasonable under the circumstances and did not amount to reckless disregard for the safety of others.
- Circumstantial evidence: The prosecution must rely on circumstantial evidence to prove the offense, which can be disputed and challenged.
In determining sentencing, the court will consider the aggravating factors discussed earlier, as well as the defendant’s criminal history, their motivation for committing the offense, and their potential for rehabilitation.
Conclusion
Felony speeding in Arizona is a serious offense that carries severe consequences. If you have been charged with felony speeding, it is essential to consult with an experienced criminal defense attorney who can help you navigate the complex legal process and mount an effective defense. With the right legal representation, it may be possible to mitigate the consequences of a felony speeding conviction and achieve a more favorable outcome.
