CONFIDENTIAL ATTORNEY WORK PRODUCT
TO: JOHN Q. ATTORNEY
FROM: R3 INVESTIGATIONS
SUBJECT: SENTENCING STUDY re CR2009-0000000-01
You requested assistance in analyzing the plea offer in this matter. The state wants your client to plead to a single count (an F5) of aggravated assault on a police officer (ARS 13-1204A8A) with a stipulation to three years in prison.
You asked how that offer compares to other sentences handed down under this statute.
We determined that since Jan. 1, 2004, there have been 392 cases that resulted in Convictions on that charge (the statute number changed from ARS 13-1204A5 in 2007). We found that three years was the maximum sentence imposed. Only two of the 392 defendants received such a sentence and another got 2.5 years.
Here are summaries of the cases where sentences were comparable to what is being sought for your client:
Case: Class, Years, Defendant
CR2006-135155: F5, 3 years, Stephen Maurice Withers
CR2004-020097: F5, 3 years, McHae Taylor
CR2004-126885: F5, 2.5 years, Tarone Lachun James
CR2006-135155 – Stephen Maurice Withers
Judge Emmet Ronan sentenced Withers to 3 years (an F5), aggravated by one prior.
It was, however, just one of seven counts for robbery, forgery, unlawful flight,
assault and resisting arrest, for which he received concurrent sentences of up to 10
years. Police said Withers attempted to pass a counterfeit $50 bill at a Circle K.
When the clerk challenged him, Withers said he had a gun and told the clerk to give
him the cash in the register. A police pursuit followed during which Withers allegedly
swerved to run down two DPS officers as they were deploying stop sticks in his path
on the freeway. Neither officer was hit, but Withers' car was disabled. He jumped out
and attempted to carjack another motorist. Officers caught up with him and while they
were attempting to arrest him, Withers struck the two officers with a closed fist.
Withers had a lengthy criminal history for robbery and previously served 5.25 years
in prison. The plea offer in this case led to the dismissal of a number of other
charged and uncharged robbery and theft counts that were pending.
CR2004-020097 – McHae Taylor
Judge Douglas Rayes sentenced Taylor to three years in prison (F5 non-dangerous,
repetitive). In this case, while Taylor was being arrested on an outstanding warrant,
he head-butted one officer, kicked another in the leg; spit on the officers; and
kicked out the windows of the patrol car. No indication that any of the officers was
injured.
Taylor's sentence was aggravated by prior felony convictions, including a prior assault on a police officer (F6) and resisting arrest (undesignated F6). Taylor had been sentenced to a year in prison for the prior offense, followed by three years probation (CR2003-017700). Taylor also had priors for burglary (F5) and attempted kidnapping (F3) from 1994 (CR1993-05035); sexual abuse (F5) in 1995 (CR1994-10505); trespass (F6) in 2000 (CR2000-0013435); trespass x2 (F6) in 2002 (CR2002-010198 and CR2003-017755).
McHae was found incompetent under Rule 11 during the pendency of CR2004-020097. Once deemed restored, the court revoked his probation from CR2003-017755 but made the prison time concurrent to new, three-year sentence. After completing the sentence in CR2004-020097, Taylor was charged again with resisting arrest in CR2007-166768 and served yet another year in prison).
CR2004-126885 – Tarone Lachune James
Judge Douglas Rayes sentenced James to 2.5 years (F5), aggravated by a prior
aggravated assault (F2). Police said they spotted James dealing crack and chased
him on foot. He attempted to climb a fence while a police officer grabbed him. James
hit the officer in the chest with a "palm-heel thrust." The officer was not injured.
A single county of possession of drug paraphernalia (F6) was dismissed as a part of
the plea.
In examining all 392 cases, we found that:
254 (65%) were sentenced as F6s
- 78 (31%) received probation only.
- 76 (30%) received probation with jail, an average of 68 days.
- 62 (24%) were sentenced to prison for an average 16 months, the longest sentences being 3 years. (see above)
- 37 (15%) were given probation and a fine.
120 (31%) were M1s
- 58 (48%) received probation only.
- 45 (18%) received probation and a fine.
- 17 (7%) received probation with some jail time that ranged from 7 to 90 days – the average being 40 days.
14 (4%) were F5s
- 11 received prison time, with an average sentence of 2 years. Three received 3 year sentences. (see above)
- 2 were sentenced to six months in the county jail as a condition of probation.
- 1 received probation only with a fine.
Only one case was higher felony class, an F3, and that person received probation and a year in jail.
Attached, at your request, are two charts:
- A list of all cases which pled as F5s, along with their dispositions.
- The most recent 50 cases in which sentences were imposed under this statute.
We also determined that every case listed in the two attachments pled out. None went to trial.
Additional research may be helpful. For example:
- We can pull a representative sampling of cases in other sentencing ranges, so that you will have specific cases to offer as a comparison for the upcoming settlement conference.
- It may also be helpful for you to know the sentencing patterns of your particular judge.
- And, you may want us to compare the original charges to what was pled.
We hope this information will assist you in negotiating an appropriate and just outcome for your client.