Arizona Class 3 Felony Defense
Charged with a Class 3 felony in Arizona? A Class 3 is a serious felony, more severe than a Class 4. A first offense carries a prison range up to 8.75 years (presumptive 3.5), and prior convictions or a “dangerous” allegation raise it sharply. Do not talk to police before you call us.
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What Is a Class 3 Felony in Arizona?
Quick answer: A Class 3 felony is a serious felony, more severe than a Class 4 under Arizona’s six-class system (Class 1 is the most serious, Class 6 the least). Common examples include aggravated assault, robbery, residential burglary, and mid-range theft. For a first offense with no priors, the prison range runs from 2 to 8.75 years with a presumptive term of 3.5 years. A single prior felony or a dangerous allegation raises the range sharply and can make prison mandatory.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending class 3 felony and other felony cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is a Class 3 Felony in Arizona?
- What Is a Class 3 Felony in Arizona?
- Class 3 Felony Sentencing and Prison Time
- Is Probation Possible for a Class 3 Felony?
- How Prior Convictions Increase a Class 3 Felony Sentence
- Common Class 3 Felony Charges in Arizona
- Can a Class 3 Felony Be Reduced?
- Class 3 Felony Sentencing Ranges
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with class 3 felony in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. §§ 13-702, 13-703, 13-704, the penalties, and the defenses that matter most.
What Is a Class 3 Felony in Arizona?
Arizona sorts every felony into one of six classes by seriousness. Class 1 is reserved for murder; Class 6 is the least serious. A Class 3 felony is a serious felony, more severe than a Class 4. The class does not describe the conduct, it sets the sentencing range. Common Class 3 charges include aggravated assault, robbery, residential burglary, and mid-range theft.
Class 3 Felony Sentencing and Prison Time
For a first offense with no prior felonies and no “dangerous” allegation, a Class 3 felony is sentenced under A.R.S. § 13-702. The range runs from a mitigated term of 2 years up to an aggravated term of 8.75 years, with a presumptive sentence of 3.5 years, the starting point a judge uses unless aggravating or mitigating factors move it up or down.
Is Probation Possible for a Class 3 Felony?
A first-offense, non-dangerous Class 3 felony is generally probation-eligible, but many Class 3 offenses are violent and may carry presumptive prison absent strong mitigation. Probation, where allowed, can run up to a set period and may include jail as a condition. It disappears the moment the State proves a prior felony or a dangerous allegation. Building strong mitigation, and defeating any dangerous or prior-conviction allegation, is how we protect probation eligibility.
How Prior Convictions Increase a Class 3 Felony Sentence
Prior felonies change everything. Under A.R.S. § 13-703, one prior felony (a category 2 repetitive offender) raises the Class 3 range to 4.5 to 16.25 years (presumptive 6.5). Two or more priors (a category 3 offender) raises it to 10 to 25 years (presumptive 11.25). Separately, a dangerous allegation under A.R.S. § 13-704, the use or threatened use of a deadly weapon or infliction of serious physical injury, carries a mandatory 5 to 15 years with no probation.
Common Class 3 Felony Charges in Arizona
Class 3 covers a wide range of conduct. Examples include:
- Aggravated assault (many forms, A.R.S. 13-1204)
- Robbery (A.R.S. 13-1902)
- Theft of property worth $4,000 to $25,000 (A.R.S. 13-1802)
- Theft of means of transportation (A.R.S. 13-1814)
- Second-degree (residential) burglary (A.R.S. 13-1507)
- Sale or transport of marijuana (A.R.S. 13-3405)
Can a Class 3 Felony Be Reduced?
Often, yes. Through plea negotiation a Class 3 felony can sometimes be reduced to a lower felony class or resolved with probation or diversion, depending on the statute, your record, and the strength of the State’s case. Reducing the charge to a misdemeanor or a lower felony class is often the single most valuable outcome.
Class 3 Felony Sentencing Ranges
Arizona sets Class 3 felony prison terms by offender category. A first offense looks very different from a case with priors or a dangerous allegation, which is why fighting the priors and the dangerous tag matters as much as the charge itself.
| Offender Category | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| First offense, non-dangerous (13-702) | 2 | 2.5 | 3.5 | 7 | 8.75 |
| One prior felony, category 2 (13-703) | 3.25 | 4.5 | 6.5 | 13 | 16.25 |
| Two+ prior felonies, category 3 (13-703) | 7.5 | 10 | 11.25 | 20 | 25 |
| Dangerous offense (13-704) | — | 5 | 7.5 | 15 | — |
Probation is available only for a first-time, non-dangerous, probation-eligible Class 3 felony. A prior felony or a dangerous allegation makes prison mandatory.
What the State Must Prove for Class 3 Felony
To convict you of Class 3 Felony under A.R.S. §§ 13-702, 13-703, 13-704, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Every element of the underlying offense. The felony class only sets the sentence. The State must still prove each element of the specific crime charged beyond a reasonable doubt.
- 2A Class 3 classification. That the statute defining the offense actually designates it a Class 3 felony, and not a lower class or a misdemeanor.
- 3Any ‘dangerous’ allegation. If the State seeks a dangerous-offense sentence, it must prove the use or threatened use of a deadly weapon or dangerous instrument, or serious physical injury.
- 4Any prior convictions or aggravators. To push the sentence above presumptive or into the repetitive-offender ranges, the State must prove valid prior felony convictions or statutory aggravating factors.
Examples of Conduct Charged as Class 3 Felony
- Aggravated assault (many forms, A.R.S. 13-1204)
- Robbery (A.R.S. 13-1902)
- Theft of property worth $4,000 to $25,000 (A.R.S. 13-1802)
- Theft of means of transportation (A.R.S. 13-1814)
- Second-degree (residential) burglary (A.R.S. 13-1507)
- Sale or transport of marijuana (A.R.S. 13-3405)
What Sentence Could You Actually Face?
A first, non-dangerous Class 3 felony caps at 8.75 years and may allow probation. Prior felonies and dangerous allegations raise the exposure dramatically and can make prison mandatory.
First Offense
Non-Dangerous, No Priors
One Prior Felony
Category 2 Repetitive
Two+ Priors / Dangerous
Category 3 or A.R.S. 13-704
⚠ Priors and Dangerous Allegations Drive the Sentence
On a first-time, non-dangerous Class 3 felony, the exposure caps at 8.75 years and probation may be on the table. But a single prior felony or a “dangerous” allegation can more than double the range and remove probation. That is why defeating the dangerous allegation and the alleged priors is as important as fighting the charge itself.
How We Fight Arizona Class 3 Felony Cases
Every case has weak points. These are the defenses we look at first.
Fighting the Charge
No Reasonable Suspicion or Probable Cause. If police lacked a lawful basis to stop, detain, or arrest you, the evidence that followed can be suppressed.
Unlawful Search or Seizure. Evidence from an illegal search of your car, home, phone, or person can be thrown out under the Fourth Amendment.
No Intent or Knowledge. Most felonies require a culpable mental state. Where the State cannot prove you acted knowingly or intentionally, the charge fails.
Insufficient or Unreliable Evidence. Mistaken identity, weak forensics, a broken chain of custody, or contradictory witnesses all create reasonable doubt.
Constitutional Violations. Statements taken without Miranda, or a denial of counsel, can lead to suppression of key evidence.
Fighting the Sentence and the Class
Defeating the ‘Dangerous’ Allegation. Removing a dangerous-offense allegation restores probation eligibility and drops the case out of the mandatory-prison range under A.R.S. § 13-704.
Challenging Alleged Prior Convictions. An old, uncounseled, out-of-state, or improperly proven prior may not count, dropping you from category 3 to category 2, or back to a first-offense range.
Negotiating a Class Reduction. A plea to a lower felony class, or an undesignated (open) felony under A.R.S. § 13-604, can preserve the chance to earn a misdemeanor.
Building Mitigation. Treatment, restitution, employment, and a clean record give the judge concrete reasons to choose the minimum, or probation, over a harsher term.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Class 3 Felony Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles class 3 felony cases across Arizona.
Aggravated Assault
Reduced to Misdemeanor
Self-defense evidence and a cooperative witness let us negotiate a Class 3 aggravated assault down to a misdemeanor.
Robbery
Probation, No Prison
First-offense mitigation and a weak identification resulted in a probation grant instead of prison.
Theft, $4,000-$25,000
Restitution, Reduced
Paying restitution and disputing the valuation reduced the theft to a lower felony class.
Theft of Means of Transportation
Reduced to Joyriding
We showed no intent to permanently deprive, reducing the charge to unlawful use of a vehicle.
Residential Burglary
Charges Dismissed
An unlawful search of the home led to suppression of the key evidence and dismissal.
Drug Sale, Marijuana
Diversion
We obtained a treatment-based resolution that kept a conviction off our client’s record.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for a Phoenix Class 3 felony lawyer, the best Class 3 felony attorney in Arizona, what is a class 3 felony, the class 3 felony sentence in Arizona, a Phoenix criminal defense attorney, and a Scottsdale criminal lawyer. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend class 3 felony and other felony cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona criminal defense practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Class 3 Felony FAQs
Quick answers to the questions we hear most about class 3 felony charges, penalties, and defenses in Arizona.
What is a Class 3 felony in Arizona?
A Class 3 felony is a serious felony, more severe than a Class 4 under Arizona’s six-class system. Common examples include aggravated assault, robbery, residential burglary, and mid-range theft.
How much prison time does a Class 3 felony carry?
For a first offense with no priors and no dangerous allegation, the range is 2 years (mitigated) to 8.75 years (aggravated), with a presumptive term of 3.5 years. One prior raises it to 4.5 to 16.25 years, and two or more priors to 10 to 25 years.
Can you get probation for a Class 3 felony?
A first-offense, non-dangerous Class 3 felony is generally probation-eligible, but many Class 3 offenses are violent and may carry presumptive prison absent strong mitigation. A prior felony or a dangerous allegation removes probation and makes prison mandatory.
What is the presumptive sentence for a Class 3 felony?
The presumptive prison term for a first-offense, non-dangerous Class 3 felony is 3.5 years. The judge starts there and moves up toward 8.75 years or down toward 2 years based on aggravating and mitigating factors.
What makes a Class 3 felony ‘dangerous’?
An offense is dangerous if it involved the use or threatened use of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. A dangerous Class 3 carries a mandatory 5 to 15 years with no probation.
How do prior convictions affect the sentence?
One prior felony makes you a category 2 (repetitive) offender (4.5 to 16.25 years). Two or more priors make you category 3 (10 to 25 years). Challenging the validity of alleged priors can dramatically cut your exposure.
Can a Class 3 felony be reduced?
Often, through plea negotiation, to a lower felony class or, in the right case, a misdemeanor. It depends on the statute, your history, and the strength of the State’s case.
What are common Class 3 felonies in Arizona?
They include aggravated assault, robbery, residential burglary, and mid-range theft, among others.
Should I talk to the police about a felony charge?
No. Politely decline to answer questions and ask for a lawyer. Statements about what happened, your record, or your intent are exactly what the State uses to prove a felony and add priors or a dangerous allegation.
Will I get a real attorney or a junior associate?
At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, available 24/7.
Key Takeaways
- A Class 3 felony is a serious felony, more severe than a Class 4; Arizona grades felonies Class 1 (most serious) through Class 6 (least).
- A first, non-dangerous Class 3 felony carries a prison range of 2 to 8.75 years, presumptive 3.5 years.
- Probation availability: Possible on a first, non-dangerous, probation-eligible Class 3 felony.
- One prior felony (category 2) raises the range to 4.5 to 16.25 years; two or more priors (category 3) means 10 to 25 years.
- A “dangerous” allegation (deadly weapon or serious injury) triggers a mandatory 5 to 15 years under A.R.S. § 13-704, with no probation.
- Common Class 3 felonies include aggravated assault, robbery, residential burglary, and mid-range theft.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.