Arizona Class 4 Felony Defense
Charged with a Class 4 felony in Arizona? A Class 4 is a mid-level felony that can carry up to 3.75 years in prison for a first offense, and far more with prior convictions or a “dangerous” allegation. Probation is possible on a first, non-dangerous offense, but nothing is automatic. Do not talk to police before you call us.
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What Is a Class 4 Felony in Arizona?
Quick answer: A Class 4 felony is a mid-range felony under Arizona’s six-class system, where Class 1 is the most serious (reserved for murder) and Class 6 the least. Common Class 4 felonies include possession of dangerous or narcotic drugs, certain aggravated assaults, aggravated DUI, forgery, third-degree burglary, and theft of $3,000 to $4,000. For a first offense with no priors, the prison range runs from 1 year to 3.75 years with a presumptive term of 2.5 years, and probation is available. 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 4 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 4 Felony in Arizona?
- What Is a Class 4 Felony in Arizona?
- Class 4 Felony Sentencing and Prison Time
- Is Probation Possible for a Class 4 Felony?
- How Prior Convictions Increase a Class 4 Felony Sentence
- Common Class 4 Felony Charges in Arizona
- Can a Class 4 Felony Be Reduced or Designated a Misdemeanor?
- Class 4 Felony Sentencing Ranges
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with class 4 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 4 Felony in Arizona?
Arizona sorts every felony into one of six classes by seriousness. Class 1 is reserved for first- and second-degree murder; Class 6 is the least serious felony. A Class 4 felony sits in the middle, more serious than a Class 5 or 6, but below the Class 2 and 3 offenses. The class does not describe the conduct; it sets the sentencing range. Many everyday felony charges are Class 4s, including possession of dangerous or narcotic drugs, certain aggravated assaults, aggravated DUI, forgery, third-degree burglary, and theft of property worth $3,000 to $4,000.
Class 4 Felony Sentencing and Prison Time
For a first offense with no prior felonies and no “dangerous” allegation, a Class 4 felony is sentenced under A.R.S. § 13-702. The range runs from a mitigated term of 1 year up to an aggravated term of 3.75 years, with a presumptive sentence of 2.5 years. The presumptive term is the starting point a judge uses unless aggravating or mitigating factors move the sentence up or down. Critically, on a first, non-dangerous, probation-eligible Class 4, the court is not required to impose prison at all, probation is on the table.
Is Probation Possible for a Class 4 Felony?
Yes, for many Class 4 felonies. If the offense is a first felony, non-dangerous, and probation-eligible, the judge can impose up to 4 years of probation instead of prison, sometimes with jail time as a condition. But probation disappears the moment the State proves a prior felony conviction or a dangerous allegation, or where a specific statute makes the offense non-probationable. Building a strong mitigation record, and defeating any dangerous or prior-conviction allegation, is how we protect probation eligibility.
How Prior Convictions Increase a Class 4 Felony Sentence
Prior felonies change everything. Under A.R.S. § 13-703, one prior felony (a category 2 repetitive offender) raises the Class 4 range to 3 to 7.5 years, with a presumptive of 4.5 years. Two or more priors (a category 3 offender) raises it to 8 to 15 years, presumptive 10. Separately, if the State alleges the offense was dangerous, the use or threatened use of a deadly weapon or dangerous instrument, or infliction of serious physical injury, sentencing shifts to A.R.S. § 13-704, which carries a mandatory 4 to 8 years in prison with no probation.
Common Class 4 Felony Charges in Arizona
Class 4 is one of the most frequently charged felony classes. Examples include possession of dangerous drugs (such as methamphetamine) or narcotic drugs, certain aggravated assaults, aggravated DUI (driving on a suspended license or a third DUI in 84 months), forgery (A.R.S. § 13-2002), third-degree burglary (A.R.S. § 13-1506), weapons misconduct by a prohibited possessor, and theft of property valued between $3,000 and $4,000. Each carries the Class 4 ranges above, but the underlying facts decide how hard the case is to defend.
Can a Class 4 Felony Be Reduced or Designated a Misdemeanor?
Sometimes. Many Class 4 felonies are charged as “straight” felonies, but in plea negotiations a charge can often be reduced to a lower felony class (Class 5 or 6) or, in the right case, left undesignated (open) under A.R.S. § 13-604, which allows the court to later designate it a Class 1 misdemeanor after successful probation. That outcome can mean no felony record at all. Whether it is possible depends on the statute, your history, and the strength of the State’s case, which is exactly what we work to leverage.
Class 4 Felony Sentencing Ranges
Arizona sets Class 4 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) | 1.0 | 1.5 | 2.5 | 3.0 | 3.75 |
| One prior felony, category 2 (13-703) | 2.25 | 3.0 | 4.5 | 6.0 | 7.5 |
| Two+ prior felonies, category 3 (13-703) | 6.0 | 8.0 | 10.0 | 12.0 | 15.0 |
| Dangerous offense (13-704) | — | 4.0 | 6.0 | 8.0 | — |
Probation (up to 4 years) is available only for a first-time, non-dangerous, probation-eligible Class 4 felony. A prior felony or a dangerous allegation makes prison mandatory.
What the State Must Prove for Class 4 Felony
To convict you of Class 4 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, for example the possession, the assault, or the theft, beyond a reasonable doubt.
- 2A Class 4 classification. That the statute defining the offense actually designates it a Class 4 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 the infliction of 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, often to a jury.
Examples of Conduct Charged as Class 4 Felony
- Possession of dangerous or narcotic drugs (A.R.S. 13-3407, 13-3408)
- Certain aggravated assaults (A.R.S. 13-1204)
- Aggravated DUI, suspended license or 3rd DUI in 84 months (A.R.S. 28-1383)
- Forgery (A.R.S. 13-2002)
- Third-degree burglary (A.R.S. 13-1506)
- Theft of property valued $3,000 to $4,000 (A.R.S. 13-1802)
What Sentence Could You Actually Face?
A first, non-dangerous Class 4 felony allows probation and caps at 3.75 years. 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
⚠ Probation Is Possible, But Not Guaranteed
On a first-time, non-dangerous Class 4 felony, prison is not mandatory, the court can grant up to four years of probation, sometimes with jail as a condition. But a single prior felony or a “dangerous” allegation removes probation entirely and triggers mandatory prison. That is why defeating the dangerous allegation and the alleged priors is as important as fighting the charge itself.
How We Fight Arizona Class 4 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, often gutting the State’s case.
Unlawful Search or Seizure. Evidence found through an illegal search of your car, home, phone, or person can be thrown out under the Fourth Amendment.
No Intent or Knowledge. Most Class 4 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 warnings, 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 (Class 5 or 6), or to an undesignated (open) felony under A.R.S. § 13-604, can preserve the chance to earn a misdemeanor.
Building Mitigation for Probation. Treatment, restitution, employment, and a clean record give the judge concrete reasons to choose probation over prison on a first, non-dangerous offense.
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 4 Felony Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles class 4 felony cases across Arizona.
Possession of Dangerous Drugs
Diversion, Charge Dismissed
We challenged the search and steered our client into a treatment diversion program; on completion, the Class 4 felony was dismissed with no conviction.
Forgery
Reduced to Misdemeanor
Weaknesses in the State’s proof of intent let us negotiate the Class 4 felony down to a misdemeanor, sparing our client a felony record.
Aggravated Assault
Dangerous Allegation Dropped
By defeating the dangerous-offense allegation, we restored probation eligibility and resolved the case without prison.
Theft, $3,000–$4,000
Undesignated, Probation
We secured an undesignated felony under A.R.S. § 13-604 with probation, leaving open a future reduction to a misdemeanor.
Aggravated DUI, Suspended License
Reduced to Misdemeanor
The State could not prove valid notice of the suspension, so the felony aggravator failed and the charge dropped to a misdemeanor DUI.
Repetitive Offender, Two Priors
Prior Excluded, Sentence Cut
One alleged prior was constitutionally infirm. Excluding it moved our client from category 3 to category 2 and cut the prison exposure in half.
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 4 felony lawyer, the best Class 4 felony attorney in Arizona, what is a class 4 felony, the class 4 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 4 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 4 Felony FAQs
Quick answers to the questions we hear most about class 4 felony charges, penalties, and defenses in Arizona.
What is a Class 4 felony in Arizona?
A Class 4 felony is a mid-level felony under Arizona’s six-class system, more serious than a Class 5 or 6 but less serious than a Class 2 or 3. Common examples are possession of dangerous or narcotic drugs, certain aggravated assaults, aggravated DUI, forgery, and theft of $3,000 to $4,000.
How much prison time does a Class 4 felony carry?
For a first offense with no priors and no dangerous allegation, the range is 1 year (mitigated) to 3.75 years (aggravated), with a presumptive term of 2.5 years. One prior felony raises it to 3 to 7.5 years, and two or more priors to 8 to 15 years.
Can you get probation for a Class 4 felony?
Yes, on a first-time, non-dangerous, probation-eligible Class 4 felony the court can impose up to 4 years of probation instead of prison, sometimes with jail as a condition. A prior felony or a dangerous allegation removes probation and makes prison mandatory.
Is prison mandatory for a Class 4 felony?
No, not for a first, non-dangerous offense, prison is not required and probation is possible. Prison becomes mandatory when the State proves a prior felony conviction or a ‘dangerous’ allegation under A.R.S. § 13-704.
What is the presumptive sentence for a Class 4 felony?
The presumptive prison term for a first-offense, non-dangerous Class 4 felony is 2.5 years. The judge starts there and moves up toward 3.75 years or down toward 1 year based on aggravating and mitigating factors.
What makes a Class 4 felony ‘dangerous’ in Arizona?
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 4 carries a mandatory 4 to 8 years in prison with no probation.
How do prior convictions affect a Class 4 felony sentence?
One prior felony makes you a category 2 (repetitive) offender, raising the range to 3 to 7.5 years. Two or more priors make you category 3, raising it to 8 to 15 years. Challenging the validity of alleged priors can dramatically cut your exposure.
Can a Class 4 felony be reduced to a misdemeanor?
Sometimes. Through plea negotiation a Class 4 can often be reduced to a lower felony class, or left undesignated (open) under A.R.S. § 13-604, which lets the court later designate it a Class 1 misdemeanor after successful probation, potentially leaving no felony record.
What are common Class 4 felonies in Arizona?
Possession of dangerous or narcotic drugs, certain aggravated assaults, aggravated DUI (suspended license or third DUI in 84 months), forgery, third-degree burglary, weapons misconduct by a prohibited possessor, and theft of $3,000 to $4,000.
Should I talk to the police about a Class 4 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 to 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 4 felony is a mid-level felony; Arizona grades felonies Class 1 (most serious) through Class 6 (least).
- A first, non-dangerous Class 4 felony carries a prison range of 1 to 3.75 years, with a presumptive 2.5 years, and probation is available.
- Prison is not mandatory on a first, non-dangerous, probation-eligible Class 4, but it is not guaranteed either.
- A single prior felony moves you into the repetitive (category 2) range of 3 to 7.5 years; two or more priors (category 3) means 8 to 15 years.
- A “dangerous” allegation (deadly weapon or serious injury) removes probation and triggers mandatory prison under A.R.S. § 13-704.
- Common Class 4 felonies include drug possession, aggravated assault, aggravated DUI, forgery, 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.