Felony Sentencing in Arizona
As in most states, criminal offenses are broken down into misdemeanors and felonies in Arizona. Misdemeanors are the less serious offense, while felonies are the most serious and generally carry prison terms. In Arizona, a misdemeanor generally warrants only jail time, if that, and then usually only up to six months.
Felonies in Arizona are broken down into six categories. A Class 1 felony – murder – carries the harshest penalties, up to life in prison. A Class 6 felony is the least serious and is often considered a wobbler offense, meaning prosecutors can charge it as a felony or misdemeanor.
If you’re facing a felony charge in Phoenix, Glendale, Peoria, Scottsdale, Gilbert, Tempe, or Mesa, Arizona, contact our team of criminal defense attorneys at Faussette & Faussette PLLC. We have nearly 20 years of experience in helping those facing criminal charges exercise their full rights under the law to seek the most favorable outcome possible.
The Basics of Felony Sentencing in Arizona
Felonies differ from misdemeanors in that they are more dangerous crimes, usually involving violence, injuries, use of a deadly weapon, substantial amounts of property damage or theft, and non-consensual sex.
Arizona uses what is called determinate sentencing for felony convictions. This means that unless you receive a life sentence for murder, you will receive a prison term for a definite or fixed period of time within the range allowed by law. Each class of felony, except first-degree murder under Class 1, has both a minimum and maximum sentence and a “presumptive” sentence somewhere within that range.
The judge, in handing down the sentence, will generally start with the presumptive sentence. The judge will then consider any mitigating or aggravating factors in reducing or lengthening the sentence. These factors will be discussed below.
GENERAL CRIME SENTENCING RANGES
NON-DANGEROUS OFFENSES—§ 13-702, § 13-902 | |||||||
Class | First Offense—§ 13-702(D) | ||||||
2 | MIT* | MIN | P | MAX | AGG* | PROBATION | |
3 | 4 | 5 | 10 | 12.5 | 7 years | ||
3 | 2 | 2.5 | 3.5 | 7 | 8.75 | 5 years | |
4 | 1 | 1.5 | 2.5 | 3 | 3.75 | 4 years | |
5 | .5 | .75 | 1.5 | 2 | 2.5 | 3 years | |
6 | .33 | .5 | 1 | 1.5 | 2 | 3 years | |
Probation eligible, except for drug offenses in which the amount exceeds the statutory threshold pursuant to § 13-3405(C), § 13-3407(D), (E), (F)
NON-DANGEROUS OFFENSES—REPETITIVE OFFENSES—§ 13-703 | |||||||||||||||
Class | Category One—(§ 13-703(H)) | Category Two—(§ 13-703(I)) | Category Three—(§ 13-703(J)) | ||||||||||||
2 | MIT* | MIN | P | MAX | AGG* | MIT* | MIN | P | MAX | AGG* | MIT* | MIN | P | MAX | AGG* |
3 | 4 | 5 | 10 | 12.5 | 4.5 | 6 | 9.25 | 18.5 | 23 | 10.5 | 14 | 15.75 | 28 | 35 | |
3 | 2 | 2.5 | 3.5 | 7 | 8.75 | 3.25 | 4.5 | 6.5 | 13 | 16.25 | 7.5 | 10 | 11.25 | 20 | 25 |
4 | 1 | 1.5 | 2.5 | 3 | 3.75 | 2.25 | 3 | 4.5 | 6 | 7.5 | 6 | 8 | 10 | 12 | 15 |
5 | .5 | .75 | 1.5 | 2 | 2.5 | 1 | 1.5 | 2.25 | 3 | 3.75 | 3 | 4 | 5 | 6 | 7.5 |
6 | .25 | .5 | 1 | 1.5 | 2 | .75 | 1 | 1.75 | 2.25 | 2.75 | 2.25 | 3 | 3.75 | 4.5 | 5.75 |
DANGEROUS OFFENSES—§ 13-704 | |||||||||
Class | First Offense § 13-704(A) | One Historical Prior § 13-704(B), (D) | Two Historical Priors § 13-704(C), (E) | ||||||
2 | MIN | P | MAX | MIN | P | MAX | MIN | P | MAX |
7 | 10.5 | 21 | 14 | 15.75 | 28 | 21 | 28 | 35 | |
3 | 5 | 7.5 | 15 | 10 | 11.25 | 20 | 15 | 20 | 25 |
4 | 4 | 6 | 8 | 8 | 10 | 12 | 12 | 14 | 16 |
5 | 2 | 3 | 4 | 4 | 5 | 6 | 6 | 7 | 8 |
6 | 1.5 | 2.25 | 3 | 3 | 3.75 | 4.5 | 4.5 | 5.25 | 6 |
-1-
DANGEROUS OFFENSES—REPETITIVE OFFENSES—§ 13-704(F) | ||||||
Class | Second Dangerous Offense | Third and Subsequent Dangerous Offenses | ||||
2 | MIN | MAX | INCREASED MAX | MIN | MAX | INCREASED MAX |
10.5 | 21 | 26.25 | 15.75 | 28 | 35 | |
3 | 7.5 | 15 | 18.75 | 11.25 | 20 | 25 |
4 | 6 | 8 | 10 | 10 | 12 | 15 |
5 | 3 | 4 | 5 | 5 | 6 | 7.5 |
6 | 2.25 | 3 | 3.75 | 3.75 | 4.5 | 5.6 |
*Two or more mitigating or aggravating factors, as applicable. A.R.S. § 13-702
Felony Sentencing Categories
& Sub-Categories
Class 1 is reserved for murder, and penalties differ whether the charge is for a first-degree or second-degree murder. For first-degree murder, the sentence is either life in prison or the death penalty. For second-degree murder, the punishment for a first offender ranges from a 10-year mitigated sentence to a 16-year presumptive sentence, to a 25-year aggravated sentence.
The judge can also impose fines, including court costs that run as high as $150,000.
Class 2 through 6 felonies cover a range of crimes, including:
Manslaughter
Attempted murder
Negligent homicide
Sexual assault
Child molestation
Driving under the influence (DUI)
Aggravated assault
Burglary
Arson
Probation is a requirement for certain drug-related felonies, such as personal possession of a controlled substance or possession of drug paraphernalia. However, defendants are not eligible for probation if they have been convicted three times previously, refused treatment as a condition of probation, or been convicted of an offense involving methamphetamine.
As a result of a felony conviction, you will receive a criminal record that can haunt you for the rest of your life and take away your right to possess a firearm and right to vote. Your criminal record will also jeopardize your chances at employment and professional licensing.
The Possibility of Mitigated
or Aggravated Sentences
Though judges generally start with the presumptive sentence, other factors can increase or decrease the prison time ordered. Mitigating circumstances include the fact that your participation in the crime was minor or that you were under unusual duress at the time. The defendant’s age and remorse in having committed the crime can also be mitigating factors.
Aggravating factors that can increase the sentencing include:
A previous conviction for a felony in the past ten years
Having an accomplice with you during the crime
Your victim was disabled or 65 years of age or older
Using a taser or remote stun gun during the crime
Committing the crime in an especially cruel manner
Experienced Criminal Defense Attorneys
in the Greater Phoenix, Arizona Area
As you can see from the above, the range of sentencing can vary depending on specific factors. Of course, there is always the possibility to reduce or drop a charge if your defense attorney can convince the judge or prosecutors a violation of the defendant’s rights has occurred. For example, show that a witness’s testimony is biased, that the defendant was wrongly identified in a line-up, or that the charge stems from a revenge motive by the victim.
The criminal defense attorneys at Faussette & Faussette PLLC stand ready to mount a strong, aggressive defense if you face a felony charge. We are proud to serve clients throughout the Valley and its surrounding cities and across Arizona, including Phoenix, Glendale, Peoria, Scottsdale, Gilbert, Tempe, Mesa, Chandler, and Goodyear. Contact us immediately if you are under investigation or being charged with a felony.