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Day 3: Drilling Down: Understanding Classifications of Felonies in Arizona

Drilling Down: Understanding Classifications of Felonies in Arizona

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

A plain-English guide from Tamou Law Group, PLLC, Arizona criminal defense attorneys available 24/7.

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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.

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Today, we’re honing in on a crucial element of Arizona’s criminal law landscape: the classifications of felonies. By breaking down this complex topic, we hope to shed light on the consequences of different types of felonious acts within our state.
An Overview of Felony ClassesAs mentioned in our previous blog post, felonies in Arizona are broken down into six classes. The classification of a felony is primarily based on the seriousness of the crime, with Class 1 being the most serious and Class 6 the least. Each class carries a different range of possible sentences, which can be further influenced by factors like prior convictions and the specific circumstances of the crime.
Class 1 Felonies: The Most Severe CategoryClass 1 felonies are the most serious crimes under Arizona law. This class includes crimes such as first-degree murder (Arizona Revised Statutes § 13-1105) and second-degree murder (Arizona Revised Statutes § 13-1104). If convicted of a Class 1 felony, an individual faces the harshest penalties, including life imprisonment or even the death penalty for first-degree murder.
Classes 2 to 4 Felonies: Serious OffensesClasses 2, 3, and 4 felonies include serious offenses such as aggravated assault, burglary, and certain drug offenses. For example, a crime such as sexual assault is classified as a Class 2 felony under Arizona Revised Statutes § 13-1406. These felonies carry significant prison terms and fines.
Classes 5 and 6 Felonies: The Least Severe CategoryClass 5 and 6 felonies, while still serious, are considered the least severe felony categories. Examples include theft of property valued between $1,000 and $2,000, a Class 5 felony (Arizona Revised Statutes § 13-1802), or possession of certain controlled substances, a Class 6 felony (Arizona Revised Statutes § 13-3407). Despite being on the lower end of the felony scale, these crimes can still result in significant legal consequences, including imprisonment and hefty fines.
Mitigating and Aggravating FactorsIn sentencing for felonies, Arizona law considers both mitigating and aggravating factors. Mitigating factors, like lack of a prior criminal record or evidence of remorse, can reduce the severity of a sentence. On the other hand, aggravating factors, such as a crime’s brutality or a prior criminal record, can lead to a harsher sentence.
In ConclusionArizona’s felony classification system plays a crucial role in understanding the potential consequences of criminal actions. The system allows for nuanced sentencing that reflects the severity and specific circumstances of each crime. However, these classifications and associated penalties underline the serious nature of felony charges, and the importance of skilled legal representation if you or someone you know faces such charges.

Remember, while this blog is designed to educate and inform, it should not replace the counsel of a professional attorney when faced with legal issues.

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Common Questions

Frequently Asked Questions

How many classes of felonies are there in Arizona?

Arizona divides felonies into six classes, with Class 1 the most serious and Class 6 the least serious. Each class carries its own sentencing range under A.R.S. § 13-702, and penalties rise sharply with prior felony convictions, dangerous offense allegations, and other aggravating circumstances.

What is a Class 1 felony in Arizona?

A Class 1 felony is the most serious crime in Arizona, limited to first-degree murder under A.R.S. § 13-1105 and second-degree murder under A.R.S. § 13-1104. A conviction carries life imprisonment or, for first-degree murder, the death penalty, and these cases demand experienced defense counsel immediately.

Is aggravated DUI a felony in Arizona?

Yes, aggravated DUI is a felony in Arizona, usually charged as a Class 4 felony under A.R.S. § 28-1383 for driving on a suspended license or a third DUI within 84 months. DUI with a passenger under 15 is a Class 6 felony, and prison time is mandatory for Class 4 convictions.

Can a Class 6 felony be reduced to a misdemeanor in Arizona?

Yes, Arizona courts can designate a Class 6 felony as a Class 1 misdemeanor under A.R.S. § 13-604 when the offense is not dangerous and reduction serves justice. Judges may also leave the charge undesignated during probation, allowing it to become a misdemeanor after successful completion.

How long is the prison sentence for a Class 2 felony in Arizona?

A first-time Class 2 felony in Arizona carries a presumptive prison term of 5 years, with a range of 3 to 12.5 years under A.R.S. § 13-702. Crimes like sexual assault under A.R.S. § 13-1406 fall in this class, and prior felonies raise the range substantially.

What factors can increase a felony sentence in Arizona?

Aggravating factors under A.R.S. § 13-701 can increase an Arizona felony sentence, including prior convictions, use of a deadly weapon, especially cruel or heinous conduct, and harm to victims. Mitigating factors like a clean record or genuine remorse can push the sentence toward the lower end instead.

Does a prior felony conviction increase your sentence in Arizona?

Yes, prior felony convictions significantly increase sentencing ranges in Arizona under the repetitive offender statute, A.R.S. § 13-703. For example, a Class 4 felony’s presumptive term rises from 2.5 years for a first offense to 10 years with two historical prior felonies.

How much prison time does a Class 6 felony carry in Arizona?

A first-offense Class 6 felony in Arizona carries 4 months to 2 years in prison, with a presumptive term of 1 year, though probation is often available. Skilled defense can reduce a Class 6 charge to a misdemeanor or win a dismissal. Call 623-321-4699, 24/7.

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