There are two different classifications of crimes in Arizona.  A more serious offense will be classified as a felony, while a less serious crime is classified as a misdemeanor.  The ramifications for someone convicted of a felony versus a misdemeanor are significant, and can have a very serious and detrimental effect on a person’s life. 

Felonies and Misdemeanors in Arizona are each broken up into classes depending on the severity of the crime charged.  A Class 1 Felony is more serious than a Class 2 Felony, and so on down to Class 6.  The same holds true for misdemeanors, with a Class 1 misdemeanor being the most serious, and a Class 3 being the least.

Felony Sentencing

Judges have discretion in sentencing, which is why it is important that you have a qualified criminal defense attorney to represent you if you are charged with a crime.  Probation may or may not be available, depending on the charge, but if it is not, Arizona law requires certain mandatory sentencing ranges that judges must follow if a person is being sentenced to Arizona Department of Corrections.

The following lists the “presumptive term” for a prison sentence for each class of felony.  The presumptive term is the amount of time that a judge is supposed to sentence you to, unless he finds reasons to give you either more or less time in prison.

Class 1 felony: 25 years to life

Class 2 felony: 5 years

Class 3 felony: 3.5 years

Class 4 felony: 2.5 years

Class 5 felony: 1.5 years

Class 6 felony: 1 year

These are the terms for a person who has never been convicted of a felony before.  If someone has prior felony convictions, or if the case is charged as a “Dangerous Offense,”  these times increase.  Additionally, a person sentenced to Arizona Department of Corrections must serve 85% of his sentence before he is eligible for parole.

Misdemeanor Sentencing

Misdemeanors are deemed in Arizona to be less severe than felonies, and are also broken down into different classes depending on the severity of the crime charged.  The following list shows the different classifications and the potential amount of jail time associated with each. 

Class 1 misdemeanor: 6 months

Class 2 misdemeanor: 4 months

Class 3 misdemeanor: 30 days

There are usually fines imposed upon conviction of a misdemeanor, and the amounts involved will depend upon the facts of each case.  Jail time for a misdemeanor is served in the county jail, as opposed to prison, and there may be alternative sentencing options available such as work release, work furlough, home detention, or two for one sentencing.  Many agencies also offer diversion programs for Arizona misdemeanors, which can result in your case being dismissed as long as you follow certain guidelines and tasks.

As you can see, the classifications of felonies and misdemeanors in Arizona, along with the sentences for each can be confusing at best.  An aggressive, competent Arizona criminal defense attorney can help minimize the significant impact a criminal charge can have in your life.