Felony Defense Lawyer in Arizona — Former Judge & Prosecutor On Your Side
Felony Defense Lawyer Arizona experience matters when charges invoke A.R.S. 13-701 through 13-704 sentencing and Superior Court procedures. At Oliverson Law DUI & Criminal Defense in Tempe, we evaluate charging documents, evidence, and diversion eligibility statewide. Call (480) 582-3637 or use /contact-us/ for a focused, statute-based defense strategy.
Arizona Felony Laws & Penalties
Arizona classifies felonies by severity from Class 6 (least severe) to Class 1 (most severe) under A.R.S. Title 13. Sentencing begins with A.R.S. 13-701 (general principles) and 13-702 (non-dangerous first-offense ranges), while repetitive-offender and dangerous-offense enhancements are governed by A.R.S. 13-703 and 13-704. Specific crimes—like aggravated assault (A.R.S. 13-1204), armed robbery (A.R.S. 13-1904), and possession or sale of narcotics (A.R.S. 13-3407)—carry elements and penalties that the State must prove in the Arizona Superior Courts located in each county, including Maricopa, Pinal, Mohave, and Yavapai.
When allegations include a deadly weapon, dangerous instrument, or serious physical injury, prosecutors may allege “dangerousness” as defined by A.R.S. 13-105, which triggers A.R.S. 13-704 sentencing and removes probation eligibility in most cases. These decisions are made by county attorneys and then tested in venues like the Maricopa County Superior Court in Phoenix and Mesa’s Southeast Court Complex pursuant to Arizona Rules of Criminal Procedure and statutory burdens of proof.
Many felony cases begin with an arrest and booking followed by an Initial Appearance under Ariz. R. Crim. P. 4.1, where conditions of release are set according to Ariz. R. Crim. P. 7.2 and A.R.S. 13-3961. Certain offenses—such as capital offenses or those listed in A.R.S. 13-3961—can be non-bailable if the court finds proof evident or presumption great under Article 2, Section 22 of the Arizona Constitution. From there, charges proceed by indictment through a grand jury (Ariz. R. Crim. P. 12) or by complaint and preliminary hearing (Ariz. R. Crim. P. 5.3), eventually arriving at arraignment under Ariz. R. Crim. P. 14 in the appropriate Arizona Superior Court.
Drug and weapon-related felonies in Arizona often intersect with specialized statutes. For example, narcotic-drug possession for sale under A.R.S. 13-3408 or methamphetamine offenses under A.R.S. 13-3407 can increase exposure through threshold-amount allegations and require careful analysis of search-and-seizure issues under Article 2, Section 8 of the Arizona Constitution. Firearm allegations can elevate exposure or bar probation under A.R.S. 13-704, making early case review critical. For focused guidance on substance cases and weapons matters connected to felony filings, see our Drug Possession Lawyer and Weapons Charges Lawyer resources, each anchored in Arizona law and procedure.
Violent-crime allegations—like aggravated assault (A.R.S. 13-1204) or robbery variants (A.R.S. 13-1902 to 13-1904)—carry unique elements tied to injury levels, weapon use, and intent. Arizona’s presumptive sentencing structure (A.R.S. 13-702) allows upward or downward movement based on aggravating and mitigating factors proved under A.R.S. 13-701, which the Superior Court judge applies at a Rule 26 sentencing hearing. To understand how these frameworks apply across felony categories, review the overview table below covering common ranges under Arizona statutes.
| Felony Class | Non-Dangerous First Offense (A.R.S. 13-702) | Dangerous Offense (A.R.S. 13-704) | Probation Eligibility (A.R.S. 13-901) |
|---|---|---|---|
| Class 2 | Mitigated 3 yrs; Min 4 yrs; Presumptive 5 yrs; Max 10 yrs; Aggravated 12.5 yrs | Min 7 yrs; Presumptive 10.5 yrs; Max 21 yrs | Generally eligible if non-dangerous; ineligible if dangerous |
| Class 3 | Mitigated 2 yrs; Min 2.5 yrs; Presumptive 3.5 yrs; Max 7 yrs; Aggravated 8.75 yrs | Min 5 yrs; Presumptive 7.5 yrs; Max 15 yrs | Generally eligible if non-dangerous; ineligible if dangerous |
| Class 4 | Mitigated 1 yr; Min 1.5 yrs; Presumptive 2.5 yrs; Max 3 yrs; Aggravated 3.75 yrs | Min 4 yrs; Presumptive 6 yrs; Max 8 yrs | Generally eligible if non-dangerous; ineligible if dangerous |
| Class 5 | Mitigated 0.5 yr; Min 0.75 yr; Presumptive 1.5 yrs; Max 2 yrs; Aggravated 2.5 yrs | Min 2 yrs; Presumptive 3 yrs; Max 4 yrs | Generally eligible if non-dangerous; ineligible if dangerous |
| Class 6 | Mitigated 0.33 yr; Min 0.5 yr; Presumptive 1 yr; Max 1.5 yrs; Aggravated 2 yrs | Min 1.5 yrs; Presumptive 2.25 yrs; Max 3 yrs | Often eligible; some cases may be designated as Class 6 open (undesignated) |
| Class 1 (Murder) | See A.R.S. 13-751 to 13-752 for life, natural life, or death penalties | N/A (governed by homicide statutes) | Probation ineligible |
The ranges above reflect Arizona’s statutory framework. Enhancements for repetitive offenders (A.R.S. 13-703), dangerous crimes against children (A.R.S. 13-705), and certain historical prior felonies can significantly increase exposure. Eligibility for probation in non-dangerous drug-possession cases may be influenced by A.R.S. 13-901.01. For a broader view of non-felony impacts that often accompany felony files, see our statewide Criminal Defense Lawyer guide grounded in Arizona practice.
Key Numbers & Firm Snapshot
These Arizona-centered credentials matter when negotiating with county attorneys in Maricopa, Pinal, Mohave, and Yavapai or litigating motions before Arizona Superior Court judges who apply A.R.S. Title 13 and the Arizona Rules of Criminal Procedure at every stage.
What Happens After an Arizona Felony Arrest
Initial Appearance & Release Conditions
Within 24 hours of arrest, defendants are brought to Initial Appearance (Ariz. R. Crim. P. 4.1) in the appropriate Arizona court, including county Initial Appearance facilities in Maricopa County. The judge sets release conditions under Ariz. R. Crim. P. 7.2, evaluating risks per A.R.S. 13-3961 and Article 2, Section 22 of the Arizona Constitution, which can restrict bail for specified offenses.
Charging by Complaint or Grand Jury Indictment
Felony prosecutions commence by complaint followed by a preliminary hearing (Ariz. R. Crim. P. 5.3) or by grand jury indictment under Ariz. R. Crim. P. 12. In Maricopa County Superior Court, cases are assigned to criminal departments. Arraignment proceeds under Ariz. R. Crim. P. 14, and the court sets dates consistent with A.R.S. Title 13 and statewide time-computation rules.
Discovery, Motions & Negotiations
Arizona’s disclosure rules require the State to provide evidence under Ariz. R. Crim. P. 15.1. Defense motions to suppress arise under Ariz. R. Crim. P. 16.2 and Article 2, Section 8 (privacy) of the Arizona Constitution, often impacting drug (A.R.S. 13-3407) or weapon (A.R.S. 13-704) cases. Settlement conferences and plea discussions proceed under Ariz. R. Crim. P. 17.4 in Superior Court.
Trial or Plea & Sentencing
Guilty pleas must comply with Ariz. R. Crim. P. 17; trials follow Arizona Rules of Evidence and the Arizona Rules of Criminal Procedure. Sentencing occurs under Ariz. R. Crim. P. 26 with ranges from A.R.S. 13-702 (non-dangerous) and A.R.S. 13-704 (dangerous). For eligible possession cases, A.R.S. 13-901.01 emphasizes probation; presentence reports and mitigation under A.R.S. 13-701 are key in Arizona courts.
Strategic timing—such as filing suppression motions before resolution conferences—often shapes outcomes in Arizona Superior Courts from downtown Phoenix to Kingman, Flagstaff, and Florence, especially where A.R.S. 13-704 allegations drive exposure.
Contact Oliverson Law DUI & Criminal Defense, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We meet clients facing Superior Court dates in Maricopa, Pinal, Mohave, and Yavapai under A.R.S. Title 13. Same-day consultations are available.
Defenses We Build Under Arizona Law
Felony files that intertwine property, violence, and substance allegations demand an integrated Arizona approach. When drug evidence, injury claims, and firearms overlap, we coordinate strategy across A.R.S. 13-3400, 13-1200, and 13-3100 series provisions. See our Arizona-based Criminal Defense Lawyer hub and the focused Drug Possession Lawyer and Weapons Charges Lawyer pages for statute-specific insights we apply in Superior Court.
Our Attorneys — Background That Shapes Strategy
Derek Oliverson, founder of Oliverson Law DUI & Criminal Defense, is admitted to the State Bar of Arizona (October 2009). He earned a B.S. in Criminal Justice magna cum laude from Southern Utah University and a J.D. with a litigation concentration from Creighton University School of Law. Derek served as a police officer in Henderson, Nevada before prosecuting for the Mohave County Attorney’s Office in Arizona, bringing firsthand charging and law-enforcement experience to cases governed by A.R.S. Title 13.
After prosecution, Derek was appointed a judge at the Page Magistrate Court, which processed approximately 3,000+ cases per year, and later a judge at Glendale City Court in 2012, a high-volume Arizona court handling 40,000+ cases per year. That bench experience shapes how we analyze probable cause, disclosure under Ariz. R. Crim. P. 15.1, and suppression practice under Ariz. R. Crim. P. 16.2 in felony matters proceeding to Arizona Superior Court. Derek left the bench in 2014 and founded the firm in 2016 at our Tempe address.
Attorney David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he handled misdemeanor through felony trial-team assignments, including Property and Narcotics Bureau cases—experience directly relevant to Arizona felony elements, from A.R.S. 13-1800 property crimes to A.R.S. 13-3407 narcotics provisions.
Our team’s Arizona-centric backgrounds—from municipal and magistrate court administration to felony jury trials in county Superior Courts—drive strategies that anticipate how Maricopa, Pinal, Mohave, and Yavapai charging bureaus read A.R.S. 13-701 to 13-704 and how judges in Phoenix, Mesa, Kingman, and Prescott apply those statutes at Rule 26 sentencings.
Frequently Asked Questions
Arizona classifies felonies from Class 6 to Class 1 under A.R.S. Title 13. Sentencing starts with A.R.S. 13-701 (principles) and A.R.S. 13-702 (non-dangerous first-offense ranges), with repetitive-offender rules in A.R.S. 13-703 and dangerous-offense enhancements in A.R.S. 13-704. Certain crimes, like aggravated assault (A.R.S. 13-1204) or narcotics (A.R.S. 13-3407), carry specific elements that drive exposure in Superior Court.
A dangerous offense typically involves the use or exhibition of a deadly weapon or dangerous instrument, or the intentional/knowing infliction of serious physical injury as defined in A.R.S. 13-105. If alleged and proven, A.R.S. 13-704 applies, increasing prison ranges and generally removing probation eligibility. This designation directly affects plea negotiations and sentencing in Arizona Superior Courts.
Both paths exist. Prosecutors can seek a grand jury indictment under Ariz. R. Crim. P. 12 or file a complaint leading to a preliminary hearing under Ariz. R. Crim. P. 5.3. After probable cause is found, cases are arraigned under Ariz. R. Crim. P. 14 in the appropriate county Superior Court. Strategy often varies depending on which charging route the State chooses.
Arizona offers a set-aside under A.R.S. 13-905, which vacates the judgment and dismisses the complaint but is not a true expungement. A limited expungement exists for certain marijuana offenses under A.R.S. 36-2862 (Proposition 207). Eligibility depends on offense type, completion of sentence, and statutory exclusions. Many felony defendants pursue set-asides to improve collateral consequences.
Probation is available for many non-dangerous felonies under A.R.S. 13-901, subject to exclusions. Drug possession cases may qualify for mandatory probation under A.R.S. 13-901.01. However, dangerous offenses under A.R.S. 13-704 are generally probation-ineligible. The availability and terms of probation are decided at an Ariz. R. Crim. P. 26 sentencing after the court reviews a presentence report.
Arizona Coverage — Counties & Cities
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
From Maricopa County Superior Court to Mohave, Pinal, and Yavapai Superior Courts, we litigate motions, negotiate with county attorneys, and try cases under A.R.S. Title 13 across Arizona’s distinct venues, including Phoenix, Mesa, Glendale, and Tempe.
Schedule a statute-driven review of your Arizona felony under A.R.S. 13-701 to 13-704 at our Tempe office, 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. We coordinate with court calendars statewide and address bond, disclosure, and defenses immediately.
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