ARS 13-602: Designation of offenses
The complete text of A.R.S. § 13-602 on designation of offenses, what the State has to prove, and the sentencing range, with a violation charged as a class 5 felony or a class 2 misdemeanor and exposure reaching up to 2.5 years in prison.
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Penalties for a § 13-602 Conviction
A.R.S. § 13-602 is the Arizona statute on designation of offenses. A violation is a class 5 felony or a class 2 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 2.5 years in prison.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 2 misdemeanor | 4 months | $750 |
| Petty offense | No jail | $300 |
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. § 13-602
A. The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a felony without either specification of the classification or of the penalty is a class 5 felony.
B. The particular classification of each misdemeanor defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without either specification of the classification or of the penalty is a class 2 misdemeanor.
C. Every petty offense in this title is expressly designated as such. Any offense defined outside this title without either designation as a felony or misdemeanor or specification of the classification or the penalty is a petty offense.
D. Any offense which is declared by law to be a felony, misdemeanor or petty offense without specification of the classification of such offense is punishable according to the penalty prescribed for such offense.
E. Any offense defined within or outside this title without designation as a felony, misdemeanor or petty offense is punishable according to the penalty prescribed for such offense.
F. Any offense defined outside this title with a specification of the classification of such offense is punishable according to the provisions of this title.
G. Any petty offense, class 3 misdemeanor or class 2 misdemeanor, except a violation of title 28, is deemed a minor nontraffic offense for the limited purpose of armed forces recruitment.
Source: Arizona Revised Statutes § 13-602, 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.
Related Statutes in Chapter 6 — Classifications Of Offenses And Authorized Dispositions Of Offenders
How Tamou Law Group Defends § 13-602 Cases
A § 13-602 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 5 felony and something far less serious, and it is where these cases are won.
We handle designation of offenses 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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Frequently Asked Questions
What is A.R.S. § 13-602?
A.R.S. § 13-602 is the Arizona statute on designation of offenses. A violation is a class 5 felony or a class 2 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 13-602 a felony in Arizona?
It can be. Under the statute a violation is a class 5 felony or a class 2 misdemeanor, so the exposure reaches up to 2.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 5 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 5 felony at 6 months to 2.5 years, with a presumptive term of 1.5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
What is the maximum penalty for a class 2 misdemeanor?
A.R.S. 13-707 caps jail at 4 months for a class 2 misdemeanor and A.R.S. 13-802 caps the fine at $750, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 13-602?
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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