Legal Question in Criminal Law in Arizona

how can a 25 year old man charged with stat rape of a 15 year old in pittsburgh get a year only when a 14 year old boy charged with molesting his 5 year old cousin was tried and sentenced as an adult in arizona (served 10 years)?


Asked on 1/13/12, 12:32 pm

2 Answers from Attorneys

Criminal laws differ from state to state. In Arizona, molesting a child under the age of fifteen years of age is a class two felony. It is considered a dangerous crime against children, and subjects the offender to a possible lengthy prison sentence. A juvenile who is fifteen years old is automatically transfered to adult court upon request of the state. As for a fourteen year old who molests a five year old the state would have to petition the juvenile into the adult court, and have a hearing to determine whether to prosecute him as an adult. The state has the burden of proving that the juvenile offender is a danger to the community and that it is in the interests of justice to prosecute him as an adult. The ages of the offender and the victim determine what the ultimate sentence will be imposed.

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Answered on 1/13/12, 4:38 pm
Kaitlin Verdura Verdura Law Group PLLC

Sentencing statutes vary from state to state. Arizona takes crimes against children very seriously and imposes strict sentencing guidelines. Additionally, no two cases are identical, so it's difficult to make comparisons based upon one or two factors. A number of other considerations may have contributed to the different sentences such as the strength of the state's case and or aggravating/mitigating factors.

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Answered on 1/14/12, 4:46 pm


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