Basics on Arizona’s Misdemeanors and Felony Crimes
Criminal offenses in Arizona fall into two main categories: felonies and misdemeanors. Felonies represent the highest level of criminal conduct and can expose a defendant to lengthy prison terms in the state correctional system, often exceeding one year. Misdemeanor offenses are less severe and typically result in shorter periods of confinement, served in local or county facilities rather than state prison.
Here are some misdemeanor and felony sentencing in Arizona, outlining how misdemeanor and felony offenses are classified and the range of penalties courts are permitted to impose.
Misdemeanor Classification
Maximum Jail Terms
Class 1 misdemeanor: The most serious misdemeanor offenses, often involving assault, DUI (first offense), or theft, punishable by up to 6 months in jail.
Class 2 misdemeanor: Mid-level offenses such as criminal damage, disorderly conduct, or trespass, carrying a potential sentence of up to 4 months in jail.
Class 3 misdemeanor: Less serious offenses, including minor theft or traffic-related criminal violations, punishable by up to 30 days in jail.
All misdemeanor jail sentences must be served outside the custody of the Arizona Department of Corrections.
The court determines the exact length of the sentence within these limits.
Repeat Offenses
If a person 18 or older (or tried as an adult) is convicted of a misdemeanor or petty offense (excluding traffic offenses) and has one or more prior convictions for the same offense within the previous two years, the new offense is sentenced as the next higher class.
Time spent incarcerated during the prior two years does not count toward the two-year conviction-free period.
Prior Convictions
Prior convictions may be alleged using the same procedure applied in certain DUI cases.
When enhanced punishment is required due to a prior conviction, the court determines whether the prior conviction exists.
Out-of-State and Prior-Code Convictions
Convictions from other states, or convictions under earlier Arizona laws, count if the offense would be classified as a misdemeanor or petty offense under current Arizona law.
Mandatory Service of Sentence
The court may order that a person serve the full jail sentence without early release of any kind.
Felony Classification
Under Arizona law, the standard felony sentence that includes that:
- minimum
- presumptive, and
- maximum sentences.
However, the judge decides the exact length of the jail sentence.
Class 1
Class 1 felony: First-degree murder carries the most severe penalties available under the law and may result in life imprisonment or the death penalty. Second-degree murder is punished less harshly but still involves significant prison time, with sentencing typically falling between 10 and 25 years, and a presumptive term of 16 years. When a defendant has qualifying prior convictions, the sentencing range increases, allowing for a prison term of 15 to 29 years.
Class 2
Class 2 felony: Either manslaughter, sex trafficking, armed robbery, and manufacturing methamphetamine has a standard sentence range of 4 to 10 years in prison, with a presumptive sentence of 5 years. Sexual assault has its own specific sentence sentencing range for first-time and repeated offenders.
Class 3
Class 3 felony: Either residential burglary, assault with a deadly weapon, and auto theft, have a standard sentence range of 2 1/2 to 7 years, with a presumptive sentence of 3 1/2 years. Prior convictions may be alleged using the same procedure applied in certain DUI cases.
When enhanced punishment is required due to a prior conviction, the court determines whether the prior conviction exists.
Class 4
Class 4 felony: Either theft property worth of $3,000 to $4,000, possession of a device for scanning credit cards (in order to defraud the cardholder or merchant), and aggravated assault involving strangulation, are generally punishable by 1 1/2 to 3 years in prison, with a presumptive of 2 1/2 years.
Class 5
Class 5 felony: Either theft property worth of $3,000 to $4,000, possession of a device for scanning credit cards (in order to defraud the cardholder or merchant), and aggravated assault involving strangulation, are generally punishable by 1 1/2 to 3 years in prison, with a presumptive of 2 1/2 years.
Class 6
Class 6 felony: Either firearm, theft, witness tampering, and possession of drug paraphernalia typically carries a sentence of 6 to 18 months, with a presumptive term of one year. For non-dangerous offenses without serious injury, the court may reduce the conviction to a Class 1 misdemeanor or delay felony designation while the defendant completes probation, and prosecutors may also charge these offenses as misdemeanors.
Felony Sentence Enhancements
Arizona law authorizes expanded sentencing ranges for felony offenses when certain aggravating conditions are present. Longer prison terms may apply if the defendant has one or more prior felony convictions, if the current offense qualifies as a dangerous offense involving the use of a deadly weapon or the intentional infliction of serious physical injury, or if the conviction involves a specified dangerous crime against a child, with penalties varying based on the nature of the offense and the defendant’s criminal history. The governing provisions for these enhanced sentencing schemes are found in Arizona Revised Statutes §§ 13-703 through 13-706.
Separately, some felony offenses are reclassified to a higher felony class when the defendant has prior convictions for the same offense, which results in increased sentencing exposure independent of the general enhancement statutes.
Fines, Surcharges, and Assessment for Felonies
Felony Fines and Monetary Penalties in Arizona
A felony conviction in Arizona may result in significant financial penalties in addition to, or in some cases instead of, incarceration. Courts may impose fines of up to $150,000 for felony offenses. For Class 5 and Class 6 felonies, a judge has discretion to order a fine in place of a prison sentence. Certain offenses, including drug-related crimes, may carry additional fines beyond the base amount.
Arizona law also requires mandatory surcharges on criminal fines. When combined, these surcharges increase the total fine by approximately 78 percent. If a defendant can demonstrate that paying the full amount would cause substantial financial hardship to themselves or their immediate family, the court may reduce both the fine and the associated surcharges.
Mandatory Assessments After a Felony Conviction
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Felony Probation as an Alternative to Prison
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