Phoenix Felony Defense Attorneys

What Are the Different Felony Classes in Arizona?

Arizona classifies felony offenses as one of six classes with varying levels of severity and associated penalties. These include: 

Class 6

Class 6 felonies are the least severe. Common offenses include resisting arrest, endangerment, and third-degree money laundering. The penalty range for first-time offenders includes six months to 1.5 years of imprisonment.   

Class 5

Examples of Class 5 felonies include sexual abuse involving victims under 15, public sexual indecency to a minor, and theft of a credit card. The sentencing range for first offenses includes 0.75–2 years in prison. 

Class 4

Common examples of Class 4 felonies include negligent homicide, robbery, forgery, and failure to comply with sex offender registration requirements. The penalty range includes 1.5–3 years of imprisonment. 

Class 3

Some Class 3 felony offenses include aggravated robbery, second-degree money laundering, and luring a minor for sexual exploitation. Sentencing includes 2.5–7 years in prison.

Class 2

Examples of Class 2 felonies include manslaughter, sexual assault, armed robbery, and theft of property valued at $25,000 or more. Sentencing ranges from 4 to 10 years in prison. 

Class 1

Class 1 felonies are the most severe and carry the harshest penalties. Qualifying offenses include first-degree and second-degree murder. A conviction is punishable by life in prison or the death penalty. 

How Does Felony Sentencing Work?

Arizona has mandatory sentencing laws, meaning sentences are restricted to certain ranges for each type of felony (A.R.S. § 13-702). The sentencing terms include:

• Mitigated. This refers to the lowest possible prison term and is used when there are strong reasons to reduce punishment. 
• Minimum. This refers to the minimum sentence in the normal range for the offense. 
• Presumptive. This is the default sentence that the law deems appropriate for the felony in question. 
• Maximum. This is the highest sentence that the judge can impose on their own. 
• Aggravated. This is the absolute highest sentence allowed by law and only applies if aggravating factors are proven or admitted.

Is It Possible to Avoid Jail Time for a Felony?

Avoiding jail time for a felony is challenging, but not impossible, especially for first-time and non-violent offenders. We can assess every avenue for avoiding incarceration and negotiate alternative sentencing when possible, such as probation, community service, mandatory counseling, or diversion programs. 

In some cases, our attorneys may be able to reach a favorable plea deal with the prosecution that reduces your sentence. Our attorneys also assist with post-conviction appeals and motions, making us well-equipped to advocate for your rights at each stage of the legal process. 

How Can I Defend Against a Felony Charge?

Below are some potential defenses against felony charges:

• Lack of evidence. If there is insufficient evidence to convict you, we can advocate for a dismissal of charges. 
• Mistaken identity. If you were not present at the time or place where the alleged crime occurred, we can help you gather evidence to establish a valid alibi. 
• Procedural errors. If your rights were violated by an unlawful search or seizure, we can file a motion to dismiss inadmissible evidence from your case.
• Mental health. If a mental health condition impacted your ability to understand your actions, we can raise defenses based on incapacity or lack of intent.
• Self-defense or defense of others. If you acted to protect yourself or others from imminent danger, this may justify or reduce liability for certain charges.