Arizona criminal charge
Drive by shooting in Arizona
Drive by shooting is a Class 2 Felony under Arizona criminal law, defined by A.R.S. § 13-1209. As a Class 2 Felony, it is punishable within the statutory sentencing range Arizona sets for that offense class. Arizona sorts criminal offenses into class 1 through class 6 felonies, class 1 through class 3 misdemeanors, and petty offenses (A.R.S. § 13-601). A first felony offense carries a presumptive term with mitigated and aggravated departures under A.R.S. § 13-702; prior convictions (§ 13-703) and dangerous offenses (§ 13-704) change the range. Misdemeanor maximums are set by A.R.S. § 13-707 and fines by §§ 13-801 and 13-802.
Defined by A.R.S. § 13-1209.
What is the penalty for drive by shooting in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 10 years (presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 5 years.
Common questions about drive by shooting in Arizona
Is drive by shooting a felony or a misdemeanor in Arizona?
What are the penalties for drive by shooting in Arizona?
As a Class 2 Felony, drive by shooting carries 4 years to 10 years of incarceration and a fine of up to $150,000 (no mandatory minimum) under A.R.S. § 13-702 (first felony offense, non-dangerous; presumptive term 5 years).
Which Arizona statute covers drive by shooting?
Drive by shooting is governed by A.R.S. § 13-1209 (Drive by shooting; forfeiture; driver license revocation; classification; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.