If you’re facing felony charges in Arizona, it is crucial that you understand what you’re up against. Arizona’s criminal justice system categorizes felonies into six distinct classes, each carrying different penalties.
This guide provides a detailed overview of Arizona felony classes. It explains key terms and the penalties for each class of Arizona felony. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced criminal defense attorney. If you are charged with an Arizona felony crime, let Lawyer Listed match you with your ideal Arizona criminal defense lawyer as soon as possible.
Felony vs. Misdemeanor in Arizona
In Arizona, criminal offenses fall into two main categories: felonies and misdemeanors. The distinction lies primarily in the seriousness of the offense and the severity of the potential penalties.
Felonies are the most serious crimes in Arizona’s criminal code, typically involving violence, significant property damage, or substantial harm to victims. Misdemeanors, while still serious, are considered lesser offenses with lighter penalties.
Arizona Revised Statutes define felonies as crimes punishable by imprisonment in state prison for more than one year. Misdemeanors, on the other hand, carry maximum jail sentences of one year in county facilities.
Arizona's Felony Classification System
Under Arizona law, felonies are divided into six classes, with Class 1 reserved for the most serious offenses and Class 6 for the least severe. When determining the appropriate charge, prosecutors consider factors such as the nature of the offense, the extent of harm caused, the intent behind the crime, and whether violence was involved. The specific facts of each case ultimately determine the felony classification.
Every felony class in Arizona has a set sentencing range. Judges can adjust the sentence within that range based on your past record and the details of your case. People with no prior convictions usually receive a lesser sentence, while repeat offenders can expect harsher penalties.
Class 1 Felony Arizona: The Most Serious Charges
A Class 1 felony represents the most severe criminal charges in Arizona. These crimes are reserved for the most heinous offenses that cause significant harm to individuals or society.
Class 1 felonies in Arizona include first-degree murder, which is the only crime that can result in the death penalty or life in prison without parole.
Class 1 Felony Penalties and Consequences
| Penalty Type | Details |
|---|---|
| Prison Sentence | Life in prison or death penalty for first-degree murder; 10–29 years for second-degree murder |
| Probation | Not available for Class 1 felonies |
| Fines | Up to $150,000 plus surcharges |
| Additional Consequences | Permanent loss of civil rights, including voting and firearm possession; lifetime criminal record |
Frequently Asked Questions About Class 1 Felonies
Class 2 Felony Arizona: Serious Criminal Charges
Class 2 felony charges represent extremely serious criminal offenses that carry substantial prison sentences and long-term consequences. These crimes typically involve violence, significant property damage, or pose serious threats to public safety.
Examples of Class 2 felonies in Arizona include crimes such as armed robbery, aggravated assault with serious physical injury, sexual assault, and certain drug trafficking offenses. Class 2 felonies often include the use of weapons, causing serious physical injury, or targeting vulnerable victims like children or elderly individuals.
Class 2 Felony Penalties and Consequences
| Penalty Type | First Offense | One Prior Felony | Two or More Prior Felonies |
|---|---|---|---|
| Prison Sentence | 3 – 12.5 years | 4.5 – 22 years | 10.5 – 35 years |
| Probation | Up to 7 years (if eligible) | Not available | Not available |
| Fines | Up to $150,000 plus surcharges | ||
| Additional Consequences | Loss of civil rights during incarceration, permanent criminal record, potential deportation for non-citizens | ||
Frequently Asked Questions About Class 2 Felonies
Class 3 Felony Arizona: Significant Criminal Violations
Class 3 felony Arizona charges encompass serious crimes that warrant substantial punishment while being less severe than Class 1 and 2 felonies. These offenses often involve property crimes with high monetary values, certain drug offenses, or crimes involving some degree of violence or threat.
Common Class 3 felonies include aggravated assault, certain theft crimes involving property valued between $4,000 – $25,000, burglary in the second degree, and some drug possession charges depending on the substance and quantity involved.
Class 3 Felony Penalties and Consequences
| Penalty Type | First Offense | One Prior Felony | Two or More Prior Felonies |
|---|---|---|---|
| Prison Sentence | 2 – 8.75 years | 3.25 – 16.25 years | 7.5 – 25 years |
| Probation | Up to 5 years (if eligible) | Not available | Not available |
| Fines | Up to $150,000 plus surcharges | ||
| Additional Consequences | Possible loss of professional licenses, difficulty obtaining employment, housing challenges | ||
Frequently Asked Questions About Class 3 Felonies
Class 4 Felony Arizona: Moderate-Level Felony Charges
Class 4 felony Arizona charges represent a significant category of criminal charges that, while serious, are less severe than higher-class felonies. These charges often involve theft of property valued between $3,000 – $4,000, possession of certain controlled substances, forgery, property crimes, aggravated DUI charges, and some domestic violence offenses with aggravating factors. The specific circumstances of your case will determine whether prosecutors pursue Class 4 or alternative charges.
Class 4 Felony Penalties and Consequences
| Penalty Type | First Offense | One Prior Felony | Two or More Prior Felonies |
|---|---|---|---|
| Prison Sentence | 1 – 3.75 years | 2.25 – 7.5 years | 6 – 15 years |
| Probation | Up to 4 years (if eligible) | Limited availability | Not available |
| Fines | Up to $150,000 plus surcharges | ||
| Additional Consequences | Potential job loss, difficulty renting housing, impact on child custody proceedings | ||
Frequently Asked Questions About Class 4 Felonies
Class 5 Felony Arizona: Lower-Level Felony Offenses
Class 5 felonies in Arizona are serious offenses that carry potential prison time. However, first-time offenders are often eligible for probation and other reduced sentencing options.
Class five felony Arizona charges include theft of property valued between $2,000 – $3,000 (depending on circumstances), possession of certain drugs in smaller quantities, credit card fraud, and some computer crimes. The specific facts of your case will determine the exact charges and potential defenses available.
Class 5 Felony Penalties and Consequences
| Penalty Type | First Offense | One Prior Felony | Two or More Prior Felonies |
|---|---|---|---|
| Prison Sentence | 0.5 – 2.5 years | 1 – 3.75 years | 3 – 7.5 years |
| Probation | Up to 3 years (often available) | Limited availability | Not available |
| Fines | Up to $150,000 plus surcharges | ||
| Additional Consequences | Possible designation as misdemeanor after completion of probation, less severe employment impacts | ||
Frequently Asked Questions About Class 5 Felonies
Class 6 Felony Arizona: The Lowest Level of Felony Charges
Class 6 felony Arizona charges represent the lowest level of felony charges in the state’s criminal justice system. These charges include various offenses such as theft of property valued between $1,000 – $2,000, possession of certain controlled substances, criminal damage in specific amounts, and some fraud offenses. The distinction between a Class 6 felony and a misdemeanor often depends on the value of property involved and the facts of your case.
Arizona Class 6 felony charges offer the most flexibility in sentencing among all felony classifications. First-time offenders often receive probation rather than prison time, and these charges may be reduced to misdemeanors upon successful completion of sentencing requirements.
Class 6 Felony Penalties and Consequences
| Penalty Type | First Offense | One Prior Felony | Two or More Prior Felonies |
|---|---|---|---|
| Prison Sentence | 0.33 – 2 years | 0.75 – 2.75 years | 2.25 – 5.75 years |
| Probation | Up to 3 years (commonly granted) | Available with restrictions | Limited availability |
| Fines | Up to $150,000 plus surcharges | ||
| Additional Consequences | Possible misdemeanor designation, reduced employment impact, better prospects for record sealing | ||
Class 6 felonies offer the best opportunities for avoiding prison time and minimizing long-term consequences. Many first-time offenders receive probation with conditions such as community service, counseling, or restitution payments rather than incarceration.
Frequently Asked Questions About Class 6 Felonies
Felony Sentencing in Arizona
Several factors influence how courts impose sentences for felony convictions in Arizona. Your criminal history plays the most significant factor in your sentence. If you are a repeat offender, you will face enhanced penalties under the state’s repeat offender statutes. On the other hand, if you are a first-time offender, you will typically receive a sentence at the lower end of the statutory range.
Aggravating factors can increase your sentence within the allowable range. These include use of weapons, causing serious physical injury, targeting vulnerable victims, or committing crimes for financial gain. Conversely, mitigating factors such as cooperation with law enforcement, acceptance of responsibility, or personal circumstances may result in lighter sentences.
First-time Offenders
| Felony | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 | 0.5 years | 0.75 years | 1.5 years | 2 years | 2.5 years |
| Class 6 | 0.33 years | 0.5 years | 1 year | 1.5 years | 2 years |
One Prior Felony Conviction
| Felony | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 4.5 years | 6 years | 9.25 years | 18.5 years | 23 years |
| Class 3 | 3.25 years | 4.5 years | 6.5 years | 13 years | 16.25 years |
| Class 4 | 2.25 years | 3 years | 4.5 years | 6 years | 7.5 years |
| Class 5 | 1 year | 1.5 years | 2.25 years | 3 years | 3.75 years |
| Class 6 | 0.75 years | 1 year | 1.75 years | 2.25 years | 2.75 years |
Two or More Prior Felony Convictions
| Felony | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 10.5 years | 14 years | 15.75 years | 28 years | 35 years |
| Class 3 | 7.5 years | 10 years | 11.25 years | 20 years | 25 years |
| Class 4 | 6 years | 8 years | 10 years | 12 years | 15 years |
| Class 5 | 3 years | 4 years | 5 years | 6 years | 7.5 years |
| Class 6 | 2.25 years | 3 years | 3.75 years | 4.5 years | 5.75 years |
Next Steps:
Each of the Arizona felony classes carry serious consequences. The charges vary among each class, and the resulting sentence depends on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing Arizona felony charges, engaging a skilled criminal defense attorney is essential to protect your rights and manage the process. Don’t try to navigate the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.