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ARS 13-2308: Participating in or assisting a criminal

ARS 13-2308: Participating in or assisting a criminal

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

The complete text of A.R.S. § 13-2308 on participating in or assisting a criminal, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 4 felony and exposure reaching up to 12.5 years in prison.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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What the State Must Prove Under § 13-2308

A.R.S. § 13-2308 is the Arizona statute on participating in or assisting a criminal. The statute sets out 5 ways the offense can be committed. A violation is a class 2 through 4 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.

A. A person commits participating in a criminal syndicate by:

  1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or
  2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or
  3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or
  4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or
  5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.

The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.

Penalties for a § 13-2308 Conviction

ClassMitigatedMinimumPresumptiveMaximumAggravated
Class 2 felony3 years4 years5 years10 years12.5 years
Class 4 felony1 year1.5 years2.5 years3 years3.75 years

Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.

Full Text of A.R.S. § 13-2308

A. A person commits participating in a criminal syndicate by:

1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or

2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or

3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or

4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or

5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.

B. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified.

C. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate.

D. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.

E. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted.

F. Assisting a criminal syndicate is a class 4 felony.

G. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.

Source: Arizona Revised Statutes § 13-2308, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

Our Guides on This Charge

Written by our defense team on how these cases run in Arizona courts.

How Tamou Law Group Defends § 13-2308 Cases

A § 13-2308 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 4 felony and something far less serious, and it is where these cases are won.

We handle participating in or assisting a criminal cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 13-2308?

A.R.S. § 13-2308 is the Arizona statute on participating in or assisting a criminal. A violation is a class 2 through 4 felony, and which class applies depends on the paragraph charged and the facts the State can prove.

Is a violation of § 13-2308 a felony in Arizona?

Yes. Under the statute a violation is a class 2 through 4 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.

What is the sentence for a class 2 felony in Arizona?

For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.

Where can I read the official text of § 13-2308?

The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.

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