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

Arizona Criminal & DUI Defense Guide

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

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Michael Tamou, Phoenix criminal & DUI defense attorney

Michael Tamou

Founding Attorney · Criminal & DUI Defense

★★★★★ 5.0 · Phoenix & Scottsdale

Facing a Felony Charge in Arizona?

Quick answer: Arizona sorts felonies into six classes, from Class 1 at the most serious end down to Class 6, and A.R.S. 13-701 and 13-702 set the sentencing ranges that go with each one.

The Short Answer

Facing a Felony Charge in Arizona? Understanding the Class Is the First Step.

If you have been charged with a felony in Arizona, the class assigned to that charge tells you a great deal about what you are up against. It is the difference between a case that can be resolved with probation and one that carries years in prison. Knowing where your charge falls is the first step toward fighting it, and you do not have to figure that out alone.

Arizona sorts felonies into six classes, from Class 1 at the most serious end down to Class 6, and A.R.S. 13-701 and 13-702 set the sentencing ranges that go with each one. Here is what many people miss: the class is a starting point, not a verdict on your sentence. Every class carries a range rather than a fixed number, and where you land inside it depends on aggravating and mitigating factors the State must actually prove, on prior convictions, and sometimes on whether the charge was filed at the right class in the first place. A felony that looks fixed on paper often has more room than it appears.

Below, we explain how the six felony classes work, the penalties each one allows, and the factors that can move your case toward a better outcome. If you would rather talk through your specific charge with someone now, our team offers a free, confidential consultation and is available 24/7.

Michael Tamou, Founding Attorney, Tamou Law Group

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.

Charged with a crime in Phoenix? A full team of attorneys, not associates, including Michael Tamou, is ready to defend you, available 24/7.

Call or Text 623-321-4699

Frequently Asked Questions

Do I have to install an ignition interlock device in Arizona?
Arizona requires an ignition interlock device for most DUI convictions, typically for 12 months or longer depending on the offense. A defense that reduces or dismisses the charge can avoid or shorten the interlock requirement.
What is the difference between DUI and DWI in Arizona?
Arizona charges DUI (driving under the influence) and does not separately use the term DWI. You can be charged with DUI for alcohol, drugs, or even legally prescribed medication if the State claims it impaired your ability to drive.
Can I refuse a breathalyzer in Arizona?
Under Arizona’s implied consent law, refusing a chemical test leads to an automatic license suspension of 12 months or more. Refusal does not prevent a DUI charge and can be used against you, so it is rarely a good idea.
How much does a DUI cost in Arizona?
A first DUI in Arizona commonly costs $7,000 to $10,000 or more once fines, fees, jail costs, higher insurance, interlock, and classes are added up. The real cost rises sharply with a higher BAC and any prior offenses.
Can you get a DUI for prescription drugs in Arizona?
Yes. Arizona’s DUI law covers any drug that impairs driving, including legally prescribed medication and marijuana. You can be charged even with a valid prescription if the State claims you were impaired behind the wheel.
Can a DUI charge be dismissed in Arizona?
Yes. DUI charges are dismissed when there was no reasonable suspicion for the stop, no probable cause to arrest, or the breath or blood testing was done improperly. Every step of the case is a place to challenge the evidence.
Does a DUI affect employment in Arizona?
A DUI conviction can appear on background checks and affect jobs that require driving, professional licenses, or a security clearance. Reducing or dismissing the charge protects your career, which is why early defense matters.
How long do you have to get a lawyer after a DUI in Arizona?
Act within days. The 15-day MVD deadline to save your license runs from the arrest, and early defense work can preserve evidence and witness memories. Call 623-321-4699 as soon as possible after an arrest.
Michael Tamou, Founding Attorney of Tamou Law Group

About the Author

Michael Tamou

Founding Attorney · Tamou Law Group, PLLC

Michael Tamou is the founding attorney of Tamou Law Group, an award-winning Phoenix-Metro criminal & DUI defense firm with offices in Phoenix and Scottsdale. He leads a full team of attorneys, not associates, defending clients against everything from DUI to serious felony charges across Arizona, with a commitment to aggressive, around-the-clock representation for every client.

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