ARS 13-702: First Time Felony Offenders
The complete text of A.R.S. § 13-702 on first time felony offenders, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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Full Text of A.R.S. § 13-702
A.R.S. § 13-702 is the Arizona statute on first time felony offenders. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.

A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section.
B. If a person is convicted of a felony without having previously been convicted of any felony and if at least two of the aggravating factors listed in section 13-701, subsection D apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense to an aggravated term. If a person is convicted of a felony without having previously been convicted of any felony and if the court finds at least two mitigating factors listed in section 13-701, subsection E apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense to a mitigated term.
C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.
D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated sentence shall be within the range prescribed under this subsection. The terms are as follows:
Felony 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 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
E. The court shall inform all of the parties before sentencing occurs of its intent to increase or decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.
F. For the purposes of this section, “trier of fact” means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.
Source: Arizona Revised Statutes § 13-702, as published by the Arizona Legislature. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Related Guides From Our Team
Written by our defense team on how these cases run in Arizona courts.
- When Is Embezzlement a Felony in Arizona? (13-1802)
- Is Harassment a Crime in Arizona? (13-2921)
- Sexual Conduct With a Minor: What Penalties? ARS 13-1405
Related Statutes in Chapter 7 — Sentencing And Imprisonment
- A.R.S. § 13-705 — Dangerous crimes against children
- A.R.S. § 13-706 — Serious, violent or aggravated offenders
- A.R.S. § 13-707 — Misdemeanors
- A.R.S. § 13-708 — Offenses committed while released from confinement
How § 13-702 Affects an Arizona Case
§ 13-702 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-702?
A.R.S. § 13-702 is the Arizona statute on first time felony offenders. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-702?
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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