A felony in Arizona is a serious crime classified as Class 1 through Class 6 under A.R.S. 13-601, with sentences ranging from 4 months in state prison to life imprisonment or death. Felonies are the most serious category of crimes, more severe than misdemeanors and petty offenses. Sentencing under A.R.S. 13-702 depends on the felony class, criminal history, and aggravating or mitigating circumstances. A first-offense Class 2 felony carries 3 to 12.5 years (presumptive 5 years); Class 6 (the lowest tier) carries 4 months to 2 years. Repetitive offenders sentenced under A.R.S. 13-703 face significantly higher mandatory ranges. Felony convictions carry lasting collateral consequences including loss of voting rights, firearm rights, and employment limits. Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 for a free consultation.
How Is a Felony Different From a Misdemeanor in Arizona
Arizona criminal law divides offenses into three tiers under A.R.S. 13-601: petty offenses, misdemeanors, and felonies. The category determines maximum punishment, which court hears the case, and whether the conviction triggers state prison or county jail time.
Petty offenses under A.R.S. 13-707 are the least serious, carrying a maximum fine of $300 with no jail time. Misdemeanors are divided into three classes: Class 1 (up to 6 months jail, $2,500 fine), Class 2 (up to 4 months jail, $750 fine), and Class 3 (up to 30 days jail, $500 fine). Misdemeanor cases are typically heard in municipal or justice court.
Felonies are the most serious category. A felony conviction can result in 4 months to life in the Arizona Department of Corrections, plus fines up to $150,000 for individuals (more for corporations). All felony cases are filed in Superior Court for the county where the offense occurred. The defendant is entitled to a grand jury indictment or preliminary hearing within 10 days of the initial appearance.
Some Class 6 felonies can be designated as misdemeanors at sentencing under A.R.S. 13-604, often called a “wobbler” — but this designation requires specific statutory eligibility and is at the court’s discretion. Once a felony is “undesignated,” it can be reduced to a misdemeanor later if the defendant completes probation successfully.
What Are the Six Felony Classes in Arizona
Arizona divides felonies into six classes based on severity, with Class 1 being the most serious and Class 6 the least. The class determines the sentencing range under A.R.S. 13-702 for first-time offenders and A.R.S. 13-703 for repeat offenders.
| Class | Examples | Maximum Sentence | Common Charges |
|---|---|---|---|
| Class 1 | First-degree murder, second-degree murder | Life or death | Premeditated homicide, felony murder |
| Class 2 | Sexual assault, armed robbery, kidnapping, manslaughter | 12.5 years (first offense) | Drug trafficking above threshold, sexual conduct with a minor |
| Class 3 | Aggravated assault, burglary 1st degree | 8.75 years (first offense) | Possession for sale of dangerous drugs (above threshold) |
| Class 4 | Theft $4K to $25K, drug possession with intent | 3.75 years (first offense) | Aggravated DUI, weapons misconduct, residential burglary |
| Class 5 | Theft $2K to $3K, certain assault offenses | 2.5 years (first offense) | Threatening or intimidating, criminal damage above $2K |
| Class 6 | Theft $1K to $2K, marijuana possession over 2 lb | 2 years (first offense), can be reduced to misdemeanor | Stalking, first-offense aggravated DUI for passenger under 15 |
Class 1 felonies are reserved for the most serious homicide offenses and carry life imprisonment or capital punishment. The Arizona Supreme Court automatically reviews every death sentence. Class 2 through Class 6 felonies follow the sentencing matrix under A.R.S. 13-702 for first offenders, with specific minimum, presumptive, and maximum terms.
Class 6 is unique because the court can designate it as either a felony or Class 1 misdemeanor at sentencing under A.R.S. 13-604, provided the defendant has no prior felony convictions, the offense did not involve a deadly weapon, and the court finds it appropriate. This designation can later be changed if the defendant completes probation successfully.
How Are Arizona Felonies Sentenced Under A.R.S. 13-702
First-time felony sentencing follows the matrix in A.R.S. 13-702, which provides a presumptive term for each class plus minimum and maximum ranges that adjust for mitigating or aggravating factors.
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 | 4 months | 6 months | 1 year | 1.5 years | 2 years |
The court starts at the presumptive term and adjusts based on aggravating circumstances under A.R.S. 13-701(D) (such as victim age, use of weapon, presence of accomplices) or mitigating circumstances under A.R.S. 13-701(E) (such as cooperation, no prior record, mental health factors). Two or more aggravating factors generally place the sentence at or above the presumptive term.
Probation is available on most first-offense felonies under A.R.S. 13-901, but specific statutes can make probation mandatory or unavailable. For example, drug crimes at or above the threshold amount defined in A.R.S. 13-3401(36) trigger mandatory prison under A.R.S. 13-3419. Some violent and sex offenses also carry mandatory prison.
Repeat offenders are sentenced under A.R.S. 13-703, which roughly doubles each class’s sentencing range. A second-offense Class 2 felony carries 4.5 to 23.25 years. A third-offense Class 2 felony carries 10.5 to 35 years. The state must prove a prior felony conviction to enhance sentencing.
What Makes a Felony Dangerous or Repetitive in Arizona
Arizona law adds two important enhancements to standard felony sentencing: dangerous offense and repetitive offender. Either substantially increases the sentencing range and limits the court’s discretion.
A “dangerous offense” under A.R.S. 13-105 involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. A dangerous offense carries a mandatory prison sentence with no probation eligibility under A.R.S. 13-704. Sentencing ranges for a first-offense dangerous Class 2 felony are 7 to 21 years (presumptive 10.5 years).
Repetitive offender enhancement under A.R.S. 13-703 applies when the defendant has one or more prior felony convictions. The state must file an allegation of prior conviction and prove it beyond a reasonable doubt. A single prior felony roughly doubles the presumptive sentence; two or more priors increase it further and eliminate probation for most offenses.
Crimes committed while on probation, parole, or release from another felony also carry consecutive sentencing under A.R.S. 13-708. The new sentence must run after the old one finishes, not concurrently. This rule means a defendant arrested while on probation faces compounded prison exposure even before the new conviction is final.
Hate crime enhancements under A.R.S. 13-701(D)(15) and sex offender registration requirements under A.R.S. 13-3821 add additional consequences on top of the base sentence for qualifying offenses.
What Are the Collateral Consequences of a Felony Conviction in Arizona
Beyond prison time and fines, a felony conviction in Arizona triggers automatic loss of several civil rights and creates long-term obstacles that can outlast the sentence itself.
Loss of Voting Rights
Under A.R.S. 16-101, a person convicted of a felony loses the right to vote during the period of probation, parole, or imprisonment. First-time felons have voting rights automatically restored upon completion of probation or sentence under A.R.S. 13-907. Subsequent felonies require a court application under A.R.S. 13-908.
Loss of Firearm Rights
Federal law (18 U.S.C. 922(g)) and Arizona law (A.R.S. 13-3101) make it illegal for any convicted felon to possess a firearm. Restoration is possible through a set-aside under A.R.S. 13-905 or a separate firearm rights application after the standard waiting period.
Employment Limits
Many professional licenses, healthcare positions, education roles, and federal employment require background checks. Arizona is a “ban the box” state on initial applications, but felony disclosure typically becomes mandatory before hire. Some industries (banking, real estate, transportation) have automatic disqualifiers.
Immigration Consequences
For non-citizens, a felony conviction can trigger deportation, denial of naturalization, or inadmissibility for re-entry under 8 U.S.C. 1227. “Aggravated felony” status under federal immigration law has particularly severe consequences and applies broadly.
Housing and Education Access
Federal Section 8 housing, student financial aid for drug-related felonies, and many professional licensing programs are restricted for felons. Arizona public housing authorities can deny applicants with violent or drug felony convictions.
Some of these consequences can be mitigated by a set-aside under A.R.S. 13-905, which removes the conviction’s public-record status for many purposes (but does not erase it from federal or law-enforcement databases). Arizona also allows sealing of certain records under A.R.S. 13-911 after a statutory waiting period — for Class 2 or 3 felonies, the wait is 10 years.
How Can You Defend Against a Felony Charge in Arizona
Felony defense begins the moment of arrest and often determines the outcome of the case. Pretrial motions, plea negotiations, and trial strategy each play distinct roles depending on the charge and the facts.
Challenge the Search and Seizure
Most felony cases involve a search or arrest. A motion to suppress under Rule 16, Arizona Rules of Criminal Procedure, can exclude evidence obtained in violation of the Fourth Amendment. A successful suppression motion frequently collapses the prosecution’s case.
Contest the State’s Evidence
The state must prove every element of the offense beyond a reasonable doubt. Defense strategy includes challenging witness identification, contesting forensic evidence (lab testing, fingerprints, DNA), and using expert witnesses to dispute the state’s theory.
Negotiate the Plea
Most felony cases resolve through plea negotiations. A skilled defense lawyer can negotiate a reduction in charge (e.g., Class 4 down to Class 5), a stipulation to probation rather than prison, or a referral to diversion programs like TASC, Drug Court, or Felony Pretrial Intervention.
Assert Affirmative Defenses
Self-defense under A.R.S. 13-404, justification, duress, entrapment, and mental health defenses (insanity under A.R.S. 13-502) can defeat or reduce charges when properly raised and supported by evidence.
Prepare for Trial
If the case cannot be resolved by plea, the defense prepares for jury trial. Felony defendants are entitled to a 12-person jury (eight-person for some lesser offenses) and proof beyond a reasonable doubt on every element.
Derek Oliverson is a former Glendale City Court judge, former Mohave County prosecutor, and former police officer. That triple perspective brings courtroom strategy, prosecutorial insight, and law enforcement investigative knowledge to every felony defense. David Tangren, co-counsel, is a former Pima County prosecutor with trial experience across Arizona Superior Courts.
Frequently Asked Questions
The minimum felony sentence in Arizona is 4 months in prison for a mitigated first-offense Class 6 felony under A.R.S. 13-702. Probation is also an option on most first-offense Class 4, 5, and 6 felonies. The maximum first-offense felony sentence is 12.5 years for a Class 2 felony. Class 1 felonies carry life imprisonment or the death penalty.
A felony in Arizona is the most serious category of crime, punishable by 4 months to life in state prison and fines up to $150,000. A misdemeanor is less serious, with a maximum penalty of 6 months in county jail and a $2,500 fine for a Class 1 misdemeanor. Felony cases are filed in Superior Court; misdemeanor cases are usually filed in municipal or justice court.
Yes. Under A.R.S. 13-604, the court can designate a Class 6 felony as a Class 1 misdemeanor at sentencing if the defendant has no prior felony convictions, the offense did not involve a deadly weapon, and the court finds it appropriate. The Class 6 felony can also be “undesignated” and later reduced to a misdemeanor upon successful completion of probation.
A felony remains on your criminal record permanently unless you obtain a set-aside under A.R.S. 13-905 or a record seal under A.R.S. 13-911. A set-aside does not erase the conviction but allows you to state that it has been dismissed. Record sealing under A.R.S. 13-911 (HB 2067, 2021) is available for many offenses after a waiting period of 10 years for Class 2 or 3 felonies, 5 years for Class 4, 5, or 6 felonies.
No, not without restoration of rights. Federal law (18 U.S.C. 922(g)) and Arizona law (A.R.S. 13-3101) prohibit firearm possession by convicted felons. Restoration is possible through a set-aside under A.R.S. 13-905 or by filing a separate firearm rights application with the court after a 2-year waiting period (10 years for serious offenses) under A.R.S. 13-910.
Yes. A felony charge in Arizona triggers state prison exposure, potential loss of civil rights, and lifelong collateral consequences. The state will be represented by an experienced prosecutor. Defendants who cannot afford counsel are entitled to a public defender, but private representation often provides earlier intervention, more time per case, and access to investigators and experts. A criminal defense lawyer can negotiate plea reductions, challenge evidence, and prepare for trial if necessary.
If you are facing a felony charge anywhere in Arizona, the decisions you make in the first 72 hours shape the outcome. Derek Oliverson is a former judge, former prosecutor, and former police officer with 17+ years of experience defending Arizona felony cases.