If you have been charged with a crime in Arizona, you are probably feeling overwhelmed. You may not understand the charges against you, what penalties you face, or what happens next. That is completely normal. The Arizona criminal justice system can be confusing, and the stakes are high.
This guide breaks down the types of criminal charges in Arizona, the most common offenses people face, and the penalties that come with each level of charge. The goal is to give you a clear picture of where you stand, so you can make informed decisions about your defense. Nothing in this guide is legal advice, but it will help you understand the basics of Arizona criminal law and prepare you for conversations with your criminal defense attorney.
How Arizona Classifies Criminal Charges
Arizona divides criminal offenses into three main categories: felonies, misdemeanors, and petty offenses. The category your charge falls into determines how seriously the courts treat it, what penalties you face, and where your case will be heard. Understanding this classification system is the first step toward understanding your situation.
Felonies
Felonies are the most serious type of criminal charge in Arizona. A felony conviction can result in prison time, heavy fines, and long-term consequences that follow you for years. Arizona organizes felonies into six classes, with Class 1 being the most severe and Class 6 being the least severe.
Class 1 felonies are reserved for first-degree murder and second-degree murder. First-degree murder can carry a sentence of life in prison or the death penalty under ARS 13-751. Second-degree murder carries a range of 10 to 25 years in prison under ARS 13-710.
For Class 2 through Class 6 felonies, Arizona uses a sentencing chart that outlines a range of possible prison terms. Each class has a mitigated (lowest), minimum, presumptive (standard), maximum, and aggravated (highest) sentence. The presumptive sentence is the usual starting point for the judge. The judge can go higher or lower depending on aggravating or mitigating factors.
Arizona follows mandatory sentencing laws under ARS 13-702 and ARS 13-703. This means judges must sentence within a set range for each felony class. They have discretion within that range, but they cannot go below the minimum or above the aggravated maximum without specific legal grounds.
Arizona Felony Sentencing Ranges (First-Time, Non-Dangerous Offenses)
| Class | 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 |
These ranges apply to first-time offenders convicted of non-dangerous crimes. A ‘dangerous’ offense is one that involves a deadly weapon, a dangerous instrument, or the intentional infliction of serious physical injury. If your offense is classified as dangerous, the sentencing ranges increase significantly under ARS 13-704. If you have prior felony convictions, the ranges also increase under ARS 13-703.
Felony convictions also carry fines of up to $150,000 per charge. Beyond fines and prison time, a felony conviction can result in the loss of your right to vote, your right to own firearms, and serious difficulties finding employment or housing.
Misdemeanors
Misdemeanors are less serious than felonies, but they are still criminal offenses that can lead to jail time, fines, and a permanent criminal record. Arizona classifies misdemeanors into three classes under ARS 13-707.
| Class | Max Jail Time | Max Fine | Max Probation |
|---|---|---|---|
| Class 1 | 6 months | $2,500 | 3 years |
| Class 2 | 4 months | $750 | 2 years |
| Class 3 | 30 days | $500 | 1 year |
Misdemeanor cases are handled in local courts, including justice courts, city courts, and municipal courts. The specific court depends on where the alleged offense took place. Misdemeanors do not carry prison time because prison is reserved for felonies. However, jail time served in a county facility can still disrupt your life in serious ways.
Petty Offenses
Petty offenses are the least serious category of criminal charges in Arizona. They typically do not carry jail time and are punishable by a fine of up to $300. Petty offenses are generally non-criminal violations, which means they typically do not appear on your criminal record.
Examples of petty offenses include leash law violations, littering, and certain traffic violations. While petty offenses are not as severe as misdemeanors or felonies, they can still result in fines, community service, or other minor penalties.
Common Arizona Criminal Charges
Certain criminal charges come up more often than others in Arizona courts. Below is an overview of some of the most common charges, what they involve, and how they are typically classified.
Driving Under the Influence (DUI)
DUI is one of the most frequently charged offenses in Arizona, and the state takes it very seriously. Arizona has some of the strictest DUI laws in the country. Under ARS 28-1381, it is illegal to drive or be in actual physical control of a vehicle while impaired by alcohol or drugs.
Arizona has multiple levels of DUI charges based on your blood alcohol concentration:
- DUI (0.08 or above): Class 1 misdemeanor. Minimum of 10 days in jail for a first offense, though 9 days can be suspended. Fines are $1,250 for a first offense and $3,000 for a second offense committed within seven years.
- Extreme DUI (0.15 or above): Class 1 misdemeanor with enhanced penalties. Minimum of 30 days in jail (21 days may be suspended) for a first offense. Fines of $2,500 apply.
- Super Extreme DUI (0.20 or above): Class 1 misdemeanor with harsh misdemeanor penalties. Minimum of 45 days in jail (31 days may be suspended). Fines of $2,750 apply.
- Aggravated DUI:
- Class 4 felony: This applies if you commit a third DUI within seven years. It also applies if you drive under the influence with a suspended, revoked, or restricted license, or if you drive the wrong way on a freeway while impaired. Sentencing includes a mandatory minimum of 4 months in prison and approximately $4,000 in fines and assessments.
- Class 6 felony: Driving under the influence with a child under 15 in the vehicle is charged as a Class 6 felony. Sentencing ranges from 10 to 90 days in jail, depending on the circumstances, and includes approximately $4,000 in fines and assessments.
All DUI convictions in Arizona carry license suspension, potential ignition interlock device requirements, and mandatory alcohol education or treatment programs.
Assault and Aggravated Assault
Simple assault under ARS 13-1203 can be charged in several situations. It can apply when a person intentionally, knowingly, or recklessly causes physical injury to another person. It can also apply when someone puts another person in reasonable fear of being hurt soon, or when someone knowingly touches another person with the intent to injure, insult, or provoke them. Depending on the circumstances, simple assault can be classified as a Class 1, Class 2, or Class 3 misdemeanor.
Aggravated assault under ARS 13-1204 is a more serious charge. It applies when assault involves a deadly weapon, causes serious physical injury, or targets certain protected individuals such as police officers, firefighters, teachers, or healthcare workers. Aggravated assault is typically charged as a Class 3 felony, though it can range from a Class 2 to a Class 6 felony depending on the specific circumstances.
If an aggravated assault charge is classified as a dangerous offense because it involved a weapon or serious injury, sentencing includes mandatory prison time. Probation is not an option for dangerous offenses in Arizona.
Drug Offenses
Drug crimes are among the most common felony charges in Arizona. The severity of a drug charge depends on the type of substance, the quantity involved, and whether the charge is for simple possession, possession for sale, manufacturing, or trafficking.
Drug charges are classified as follows:
- Possession of drug paraphernalia: Class 6 felony
- Possession of a dangerous drug (such as methamphetamine or ecstasy): Class 4 felony
- Possession of a narcotic drug (such as heroin, cocaine, or fentanyl): Class 4 felony
- Possession for sale of dangerous or narcotic drugs: Class 2 felony
- Manufacturing or trafficking drugs: Class 2 felony with significantly enhanced penalties
Arizona does offer some leniency for first-time personal possession cases. Under Proposition 200 (codified in ARS 13-901.01), first- and second-time offenders convicted of personal drug possession (not for sale) must be placed on probation with mandatory drug treatment. They are not sent to prison for these qualifying offenses. This does not apply to methamphetamine possession, violent offenders, or those who refuse treatment.
Theft and Shoplifting
Theft under ARS 13-1802 occurs when a person knowingly takes or uses another person’s property or services without authorization. The classification of a theft charge depends on the value of the stolen property:
- Under $1,000: Class 1 misdemeanor
- $1,000 to $1,999: Class 6 felony
- $2,000 to $2,999: Class 5 felony
- $3,000 to $3,999: Class 4 felony
- $4,000 to $24,999: Class 3 felony
- Over $25,000: Class 2 felony
Shoplifting under ARS 13-1805 has its own statute but follows similar value-based classifications. One important rule: if you have two or more prior shoplifting convictions within 84 months (7 years), a new shoplifting charge can be elevated to a felony, regardless of the value of the merchandise.
Disorderly Conduct
Disorderly conduct under ARS 13-2904 is a broad charge that covers a range of behaviors, including fighting, making unreasonable noise, using abusive language likely to provoke a physical response, and refusing to obey a lawful order to disperse. It is typically charged as a Class 1 misdemeanor.
However, if the person recklessly handled, displayed, or discharged a deadly weapon or dangerous instrument during the conduct, the charge can be elevated to a disorderly conduct with a weapon, which is a Class 6 felony.
Domestic Violence
Domestic violence in Arizona is not a standalone criminal charge. Instead, it is a designation that can be attached to many different offenses when the alleged victim and the accused have a specific relationship. Under ARS 13-3601, a domestic violence designation applies when the people involved are spouses, former spouses, people who live or have lived together, people who have a child in common, or people related by blood or court order.
Common offenses that can carry a domestic violence designation include assault, criminal damage, disorderly conduct, harassment, threatening, and trespassing. The domestic violence designation adds specific consequences, including mandatory counseling, potential firearm restrictions, and enhanced penalties for repeat offenses.
Dangerous vs. Non-Dangerous Offenses
Arizona makes an important distinction between dangerous and non-dangerous offenses, and this difference has a major impact on sentencing.
A crime is classified as a dangerous offense if it involves the discharge, use, or threatening display of a deadly weapon or dangerous instrument. It is also dangerous if it involves the intentional or knowing infliction of serious physical injury. Common dangerous offenses include aggravated assault with a weapon, armed robbery, and manslaughter.
The key difference: dangerous offenses carry mandatory prison time. A judge cannot sentence you to probation for a dangerous offense. The sentencing ranges for dangerous crimes are also significantly longer than non-dangerous offenses of the same class.
For non-dangerous offenses, judges have more flexibility. First-time offenders convicted of non-dangerous felonies are often eligible for probation, suspended sentences, or other alternatives to prison. This is one of the most important factors in any felony case, and a skilled defense attorney can sometimes argue that a charge should not be designated as dangerous.
The Class 6 "Undesignated" Felony
Arizona has a unique provision for Class 6 felonies that can work in your favor by allowing some of them to be treated as misdemeanors. Under ARS 13-604, a judge can designate a Class 6 felony conviction as a Class 1 misdemeanor if certain conditions are met:
- You did not knowingly or intentionally inflict serious physical injury.
- The offense did not involve the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
- The judge determines that a felony sentence would be unduly harsh under the circumstances.
In some cases, a judge may place you on probation and defer the final designation until probation is completed. If you successfully complete probation, the offense can be designated as a misdemeanor rather than a felony. This can make a significant difference in your long-term record, employment prospects, and civil rights.
How Prior Convictions Affect Sentencing
Your criminal history plays a major role in how Arizona courts handle your case. If you have prior felony convictions, the sentencing ranges for any new felony conviction increase under Arizona’s repetitive offender laws (ARS 13-703).
Arizona categorizes repeat offenders based on how many prior felony convictions they have:
- Category Two: One historical prior felony conviction. Sentencing ranges increase moderately.
- Category Three: Two or more historical prior felony convictions. Sentencing ranges increase significantly.
If you have historical prior felony convictions and are sentenced as a repeat offender, you are not eligible for probation and must serve a mandatory prison sentence.
For example, a Class 4 felony with no prior convictions carries a presumptive prison sentence of 2.5 years. With one prior felony conviction, the presumptive sentence jumps to 4.5 years. With two or more priors, the presumptive prison term is 10 years.
For misdemeanors, the escalation rule under ARS 13-707(B) means that a repeat conviction for the same misdemeanor within two years can be sentenced at the next higher class. This is why even a “minor” misdemeanor charge should be taken seriously.
Collateral Consequences of a Criminal Conviction
The penalties written into Arizona’s sentencing laws are only part of the picture. A criminal conviction, whether it is a felony or a misdemeanor, can create long-term consequences. These consequences can affect nearly every part of your life:
- Employment: Many employers conduct background checks. A criminal record can disqualify you from certain jobs, especially in fields that require professional licensing such as healthcare, education, real estate, and law enforcement.
- Housing: Landlords frequently screen for criminal convictions. A felony record can make it difficult to secure rental housing.
- Firearm rights: A felony conviction in Arizona results in the loss of your right to possess a firearm. Even a misdemeanor domestic violence conviction may affect your ability to own a firearm.
- Voting rights: A felony conviction suspends your right to vote. Voting rights can be restored after you complete your sentence, but the process requires specific steps.
- Immigration consequences: If you are not a U.S. citizen, a criminal conviction can affect your immigration status, your ability to apply for citizenship, or your ability to remain in the country legally.
- Professional licensing: Many careers require a clean background check. A criminal conviction can lead to the denial, suspension, or revocation of a professional license, which can jeopardize employment in fields such as education, healthcare, financial services, and childcare.
Options After a Conviction
In Arizona, there are several options that may help reduce the long-term impact of a conviction:
- Set-aside (ARS 13-905): After completing your sentence, you can petition the court to set aside the judgment of guilt. If granted, the court sets aside the judgment of guilt, dismisses the charges, and releases you from most penalties and disabilities of the conviction. However, the record itself is not erased or sealed; it will show the conviction was set aside.
- Record sealing: Arizona law allows certain convictions to be sealed, which removes them from public view.
- Marijuana expungement (ARS 36-2862): If you have a conviction for certain marijuana-related offenses, you may petition for expungement. If granted, the court vacates the conviction, erases the arrest and case records, restores civil rights, and orders all agencies to seal the records and update their systems accordingly.
Not every conviction qualifies for these remedies. An experienced attorney can tell you which options apply to your case.
What to Do If You Are Facing Criminal Charges in Arizona
Being charged with a crime does not mean you will be convicted. Arizona’s criminal justice system includes protections for defendants at every stage, from your initial appearance through trial. You have the right to an attorney, the right to challenge the evidence against you, and the right to a fair trial.
The most important step you can take right now is to understand the charges against you and consult with a qualified criminal defense attorney. The classification of your charge, whether it is dangerous or non-dangerous, your criminal history, and the specific facts of your case all play a role in determining what penalties you face and what defense options are available.
Arizona’s penalties are strict, but the law also provides opportunities for reduced sentences, alternative sentencing, probation, and post-conviction relief. The outcome of your case often depends on the quality of your defense.
If you or someone you love is facing criminal charges in Arizona, do not wait. Let Lawyer Listed match you with your ideal defense attorney. One who matches not only your case but also your preferences. The earlier you get legal help, the better your chances of a favorable outcome.