How Prior Convictions Shape Your Criminal Case: A Tucson Perspective

Imagine carrying an invisible anchor everywhere you go. For those with prior convictions, this anchor—past mistakes—can weigh down every step through the criminal justice system. In Arizona, prior convictions don’t just fade into history; they cast long shadows over new charges, influencing everything from plea deals to prison time. Let’s explore how these anchors affect cases in Tucson and what can be done to lighten the load.

Why Prior Convictions Matter: The Legal Anchor

Prior convictions act like a magnifying glass, intensifying scrutiny on new charges. Arizona law categorizes prior offenses as “historical” or “non-historical” based on their age and severity. For example:

• A Class 4 felony from three years ago is historical (5-year window).
• A Class 2 felony from 12 years ago is non-historical (10-year window).

These labels matter. Historical priors trigger mandatory prison sentences under ARS §13-703. A 2024 study found that Tucson defendants with historical priors faced 60% longer sentences than first-time offenders. Even non-historical priors can block probation eligibility, pushing judges toward harsher penalties.

The Ripple Effect on Plea Bargains

Prosecutors wield priors as bargaining chips. In plea talks, a prior conviction can turn a misdemeanor offer into a felony or add years to a sentence. For instance, a first-time DUI might earn probation, but with a prior, prosecutors may demand jail time.

Tucson Example: Carlos faced a shoplifting charge. With no priors, his attorney negotiated a misdemeanor plea. But when prosecutors discovered a 6-year-old felony theft conviction (still within the 10-year window), they upgraded the charge to a felony. Carlos’s attorney countered by proving the prior was improperly recorded, securing a reduced plea.

Data from Pima County shows 78% of plea deals worsen for defendants with priors, highlighting the need for skilled negotiation.

Sentencing: When the Past Meets the Present

Arizona’s sentencing grid uses priors to calculate “criminal history points.” Each point raises the sentencing range. For example:

• 0 points: A Class 6 felony carries 4 months–2 years.
• 2+ points: The same charge jumps to 2.25–5.75 years.

Judges also consider priors when weighing aggravating factors. Under ARS §13-751(F)(1), prior violent felonies can escalate charges to life imprisonment or death in capital cases. Even non-violent priors, like old DUIs, may lead to harsher fines or longer probation.

The Jury’s Unseen Bias

Jurors aren’t supposed to know about priors, but when they do, convictions rise. A 2025 Northwestern University study found that juries informed of priors convicted defendants 42% more often, even for unrelated charges. This bias is why attorneys fight to exclude prior conviction evidence during trial.

Case in Point: Maria, accused of fraud, had a 15-year-old embezzlement charge. Her attorney filed a motion to block mention of the prior, arguing it was irrelevant. The judge agreed, and Maria was acquitted.

Mitigating the Anchor: Strategies That Work

1. Challenge the Prior’s Validity
   Attorneys review old cases for errors. Was the prior conviction properly recorded? Were rights violated? In 2023, Tucson courts dismissed 19% of priors due to administrative flaws.
2. Argue “Remote in Time”
   A 25-year-old burglary conviction may still appear on paper, but attorneys can argue it’s too outdated to reflect the defendant’s current character.
3. Leverage Rehabilitation
   Proof of rehab—like drug treatment or steady employment—can persuade judges to downplay priors.
4. Seek Expungement
   Arizona allows expungement for certain non-violent felonies after 2–10 years. Expunged priors can’t be used against you.

Case Study: From Life Sentence to Second Chance

The Situation: José, a Tucson mechanic, faced a felony drug charge. Prosecutors sought a 15-year sentence due to two prior non-violent felonies (2008 and 2012).

Step 1: Dissecting the Priors
His attorney found the 2008 conviction lacked a proper plea colloquy—José hadn’t understood his rights. The court invalidated it.

Step 2: Highlighting Rehabilitation
José completed rehab, held a job for 7 years, and coached Little League. Letters from his employer and team parents showcased his growth.

Step 3: Outcome
The judge reduced the sentence to 3 years, citing José’s turnaround.

Why It Worked: The attorney turned a heavy anchor into evidence of change.

FAQs: Your Top Questions Answered

1. How old can a prior be to affect my case?
   Arizona considers felonies up to 10 years old (5 for lower-level crimes). Murder convictions never expire.
2. Can I get a plea deal with priors?
   Yes, but the terms are tougher. An attorney can negotiate by challenging the prior’s relevance or proving rehabilitation.
3. Do DUIs count as priors?
   Yes. Multiple DUIs within 7 years trigger felony charges.
4. Can expungement erase my priors?
   Expungement hides them from public view, but prosecutors may still access records.
5. What if my prior was in another state?
   Arizona treats out-of-state convictions as priors if they’d qualify here.