What Happens If You Have Prior Convictions and Face New Criminal Charges in Arizona?
When someone is charged with a new crime in Arizona, their past does not stay in the past. Prior convictions can significantly impact how a new case is charged, prosecuted, and ultimately sentenced.
If you or a loved one is facing new criminal charges in Scottsdale, Lake Havasu City, or anywhere in Arizona, understanding how prior convictions are treated under state law is critical. An experienced Arizona criminal defense attorney can make a substantial difference in how those priors are handled—and how much they ultimately affect your future.
Below is a clear, practical breakdown of how prior convictions affect new charges in Arizona.
What Counts as a Prior Conviction in Arizona?
A prior conviction generally includes any previous criminal conviction entered by a court, whether for a misdemeanor or a felony. In Arizona, priors may come from:
- Arizona state courts
- Other states
- Federal court
Out-of-state convictions can still count if the offense would be considered a crime under Arizona law.
It is important to understand that dismissed charges or arrests without convictions do not count as priors. However, convictions that have been set aside may still be considered in certain circumstances, depending on the statute involved.
Because Arizona’s sentencing laws are highly technical, determining whether something qualifies as a “prior” often requires careful legal analysis.
How Prior Convictions Increase Criminal Penalties
Arizona law allows prosecutors to seek enhanced penalties when a defendant has prior convictions. This means a new charge can carry much harsher consequences than it would for a first-time offender.
Sentence Enhancements for Felonies
Under Arizona’s repetitive offender statutes, prior felony convictions can dramatically increase prison exposure. A new felony offense may be classified as:
- A first offense
- A non-dangerous repetitive offense
- A dangerous or historical prior offense
As the number and severity of prior felonies increase, so do:
- Mandatory minimum sentences
- Presumptive prison terms
- Maximum prison exposure
In some cases, probation that may have been available for a first offense is no longer an option. For defendants with multiple historical prior felonies, prison can become mandatory.
Misdemeanor Enhancements
Prior convictions also play a major role in misdemeanor cases. For example:
- Prior DUI convictions can turn a misdemeanor DUI into an aggravated DUI felony
- Prior domestic violence convictions can increase jail time and penalties
- Repeat theft or assault charges may lead to enhanced sentencing
Even when jail is not mandatory for a first offense, prior convictions can make incarceration far more likely.
This is especially important in DUI and domestic violence cases, where prosecutors closely review a defendant’s criminal history before making plea offers.
Prior Convictions and Charging Decisions
Prior convictions do not just affect sentencing—they can influence how a case is charged from the beginning.
Prosecutors often use prior convictions as leverage when deciding:
- Whether to charge a case as a felony instead of a misdemeanor
- Whether probation will be offered
- The structure and terms of a plea agreement
- Whether to pursue mandatory prison time
Early involvement by an experienced criminal defense lawyer in Scottsdale or Lake Havasu City can be critical in challenging how priors are alleged and negotiating before charges escalate further.
Historical vs. Non-Historical Prior Convictions
Arizona law distinguishes between “historical” and “non-historical” prior felony convictions.
Historical Prior Convictions
Historical prior convictions generally include:
- Felonies involving violence or dangerous offenses
- Serious crimes such as aggravated DUI or certain sexual offenses
- Felonies committed within a specific time frame (often within the last 5–10 years)
Historical priors carry the most severe sentence enhancements.
Non-Historical Priors
Older or less serious convictions may not qualify as historical priors. However, even non-historical convictions can still influence sentencing and plea negotiations.
Determining whether a prior qualifies as “historical” is often one of the most important legal battles in a repeat-offense case.
Do Expunged or Set-Aside Convictions Still Matter?
Arizona allows certain convictions to be set aside or expunged, but this does not automatically eliminate their impact in a new criminal case.
- Set-aside convictions may still be used for sentencing enhancements
- Expunged convictions under newer Arizona laws may offer greater protection, but eligibility is limited
Whether a prior conviction can legally be used against you depends on the specific statute and the unique facts of your case. This is a highly technical area of Arizona criminal law that requires experienced legal analysis.
If you are unsure whether an old conviction still affects you, speaking with an Arizona expungement lawyer or criminal defense attorney is essential.
Why Prior Convictions Make Legal Representation Essential
When prior convictions are involved, the stakes rise dramatically. A new charge can quickly escalate from a manageable situation to one involving mandatory jail or prison time.
An experienced Arizona criminal defense attorney can:
- Challenge whether prior convictions qualify for enhancement
- Dispute classification as a “historical” prior
- Examine whether out-of-state convictions legally apply
- Negotiate reduced charges or alternative sentencing options
- Protect your constitutional rights at every stage of the case
At Rideout Law Group, our attorneys have decades of combined courtroom experience handling repeat-offense cases across Maricopa County and Mohave County. Founder Brad Rideout—a former prosecutor—leads a team that understands how the state builds enhancement cases and how to strategically push back.
From our Scottsdale office at 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254 to our Lake Havasu City office at 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406, we defend clients throughout Arizona facing serious repeat-offense allegations.
Get Help from an Arizona Criminal Defense Attorney
If you are facing new criminal charges and have prior convictions, do not assume the outcome is predetermined. The details matter—and the right defense strategy can significantly affect the result.
Rideout Law Group provides aggressive, experienced criminal defense representation across Arizona. We offer confidential consultations and clear guidance so you understand your options and can take informed steps to protect your future.
Contact Rideout Law Group today to speak with an Arizona criminal defense attorney who knows how to handle cases involving prior convictions—and how to fight for the best possible outcome.
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.