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What’s the Difference Between Felonies and Misdemeanors?

What's the Difference Between Felonies and Misdemeanors?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · DUI Defense

5.0 · DUI Defense

Whether your charge is filed as a felony or a misdemeanor changes everything about your case — here’s how Arizona draws that line, and why it’s worth fighting over.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · DUI Defense

★★★★★ 5.0 · DUI Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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NTL Top 100 Trial LawyersNTL Top 40 Under 40 Trial LawyersElite Lawyer 2026 Criminal DefenseNational College For DUI DefenseDUI Defense Lawyers Association2025 Super Lawyers Southwest

What Are Felonies and Misdemeanors?

Felonies and misdemeanors represent two primary categories of crimes under Arizona criminal law, just as they do in other U.S. jurisdictions. These categories are primarily differentiated by the seriousness of the crime and the severity of the punishment that can be imposed.

A felony is considered the more severe of the two. Felonies include crimes such as murder, rape, armed robbery, aggravated assault, and large-scale drug trafficking. They’re often punishable by substantial fines and long-term imprisonment, typically over a year in a state or federal prison.

Misdemeanors, on the other hand, are less serious offenses. These might include petty theft, disorderly conduct, DUI offenses, or minor drug possession. Misdemeanors typically result in smaller fines and shorter jail sentences, usually less than a year and typically served in a local or county jail rather than a state or federal prison.

Felony and Misdemeanor Classification in Arizona

In Arizona, felonies are further classified into six classes, with Class 1 being the most serious and Class 6 being the least serious. For example, first-degree murder is a Class 1 Felony under Arizona Revised Statutes § 13-1105, while a crime like unauthorized copying of a sound recording might be considered a Class 6 Felony under Arizona Revised Statutes § 13-3719.

Misdemeanors in Arizona are classified into three categories: Class 1, Class 2, and Class 3, with Class 1 Misdemeanors being the most serious. A DUI could be considered a Class 1 Misdemeanor under Arizona Revised Statutes § 28-1381, while a crime like loitering might be classified as a Class 3 Misdemeanor under Arizona Revised Statutes § 13-2905.

Why Does It Matter?

The distinction between felonies and misdemeanors is crucial because it impacts not only the immediate penalties one might face but also the long-term consequences. For instance, a felony conviction can lead to the loss of certain civil rights, such as the right to vote or possess a firearm. It can also create challenges in finding employment or housing, as many applications ask about felony convictions.

In Conclusion

Understanding the distinction between felonies and misdemeanors is fundamental in criminal law. It helps define the legal strategy, potential defenses, and the potential consequences one may face. However, every criminal case is unique and has its own set of circumstances. Thus, if you or someone you know is facing criminal charges, it is crucial to consult with a knowledgeable attorney who can provide guidance based on the specifics of the case.

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