Legal Question in Criminal Law in Arizona

My boyfriend and his co-defendant were charged with a few felonies, they got a plea of one felony being left of attempted aggravated robbery. My boyfriends co-defendant is out on supervised probation, the easiest type of probation and he was the one who did everything, the one who had the weapon, the one who put the weapon to the person, they just considered my boyfriend as an accompliss and they are not sure if they want to give my boyfriend a chance of probation because of his juvenile record from something he did at age 13, he is now 19 years old and this is his first offense as an adult. I dont understand how the main person who did everything got out on probation and my boyfriends co-defedant as well had a juvenile background. i dont see how this is right. they set a mitigation hearing to decide whether they want to give my boyfriend a chance at probation but the judge is thinking about giving him the presumtive of 2.5 years. both have the same judge.. can his juvenile record be used against him like that, how can his co-defendant the one who did everything get out on the easiest type of probation and they dont know if they want to give my boyfriend a chance at intensive, how can they give the accompliss more than the main person who actually did everything. and especially because of looking at his juvenile background.??


Asked on 2/15/12, 10:36 am

1 Answer from Attorneys
Jeremy Claridge Byrne & Benesch

It is all about the plea deal. The prosecutors here in Yuma County will hold one person more accountable than another depending on the nature and circumstances of the crime. Under accomplice liability, there is no person more accountable than the other under the law. Another thing a judge will consider is probation violations from when your boyfriend was a juvenile. The accomplice may have a spotless record. These are all things that are considered when meting out punishment.

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Answered on 2/15/12, 11:06 am


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