What Are the Misdemeanor Classes in Arizona?
A misdemeanor conviction can still mean jail time and a lasting record — here’s how Arizona’s three misdemeanor classes differ, and what’s at stake in each.
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Overview of Misdemeanor ClassesIn Arizona, misdemeanors are divided into three classes, Class 1 being the most severe and Class 3 the least. Each class has a maximum penalty defined by Arizona law, but the actual sentence can vary depending on several factors, including the specific circumstances of the offense and the offender’s prior criminal history.
Class 1 Misdemeanors: The Most Serious CategoryClass 1 misdemeanors are the most serious misdemeanors under Arizona law. They include offenses such as DUI, assault, and shoplifting of items worth $1,000 or less but more than $500 (Arizona Revised Statutes § 13-1805). If convicted of a Class 1 misdemeanor, an individual could face a maximum jail sentence of six months and a fine of up to $2,500.
Class 2 Misdemeanors: Mid-Level OffensesClass 2 misdemeanors are less severe than Class 1 misdemeanors but still carry significant penalties. They include offenses such as trespassing on a residential property (Arizona Revised Statutes § 13-1502) and reckless driving (Arizona Revised Statutes § 28-693). The maximum jail sentence for a Class 2 misdemeanor is four months, and the maximum fine is $750.
Class 3 Misdemeanors: The Least Severe CategoryClass 3 misdemeanors are the least severe category of misdemeanor. They include offenses like criminal speeding (Arizona Revised Statutes § 28-701.02). A conviction for a Class 3 misdemeanor could result in a maximum jail sentence of 30 days and a fine of up to $500.
Understanding the ImplicationsWhile misdemeanors are generally less serious than felonies, a misdemeanor conviction can still have significant implications. Beyond the immediate legal penalties, a misdemeanor on your criminal record could impact future employment opportunities, housing applications, and more. Therefore, even when facing misdemeanor charges, it’s important to have sound legal advice and representation.
ConclusionArizona’s classification of misdemeanors provides a clear framework for understanding the possible consequences of these offenses. Remember, if you or someone you know is facing misdemeanor charges, it’s crucial to consult with an experienced attorney to understand your legal options and potential defenses.
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Frequently Asked Questions
What is a Class 1 misdemeanor in Arizona?
A Class 1 misdemeanor is Arizona’s most serious misdemeanor, punishable by up to six months in jail and a $2,500 fine under A.R.S. 13-707 and 13-802. Common examples include DUI, assault, disorderly conduct, and shoplifting, and a conviction can also bring up to three years of probation.
Is a first-time DUI a felony or a misdemeanor in Arizona?
A first-time DUI in Arizona is a Class 1 misdemeanor, the most serious misdemeanor level, carrying mandatory jail time, fines, and an ignition interlock device. A DUI becomes an aggravated felony with a third offense within seven years, a suspended license, or a child under 15 in the vehicle.
How long can you go to jail for a misdemeanor in Arizona?
You can go to jail for up to six months for a Class 1 misdemeanor in Arizona, four months for a Class 2, and 30 days for a Class 3 under A.R.S. 13-707. Judges often impose probation or fines instead, especially for first-time offenders with strong legal representation.
Can a misdemeanor charge be dismissed in Arizona?
Yes, Arizona misdemeanor charges can be dismissed when the evidence is weak, your rights were violated, or you complete a diversion program offered by the prosecutor. A defense attorney can also negotiate a reduction to a lower class or a civil infraction, keeping a criminal conviction off your record.
Does a misdemeanor stay on your record in Arizona?
Yes, a misdemeanor conviction stays on your Arizona criminal record permanently unless a court seals it under A.R.S. 13-911 or sets it aside under A.R.S. 13-905. Sealing is generally available two to three years after you complete your sentence, depending on the misdemeanor class.
How much is the fine for a misdemeanor in Arizona?
Arizona misdemeanor fines are capped at $2,500 for a Class 1, $750 for a Class 2, and $500 for a Class 3 under A.R.S. 13-802, plus surcharges. Court surcharges of roughly 83 percent are added on top of the base fine, so the true cost is often much higher.
Is criminal speeding a misdemeanor in Arizona?
Yes, criminal speeding is a Class 3 misdemeanor in Arizona under A.R.S. 28-701.02, punishable by up to 30 days in jail and a $500 fine. Exceeding 85 mph, or the posted limit by 20 mph in a business or residential district, is criminal rather than a civil ticket.
Do I need a lawyer for a misdemeanor charge in Arizona?
Yes, hiring a lawyer for an Arizona misdemeanor is strongly recommended because a conviction creates a permanent criminal record affecting jobs, housing, and professional licenses. An experienced defense attorney can often win a dismissal, diversion, or reduction that protects your future. Call 623-321-4699, 24/7.
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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.
