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.

Frequently Asked Questions

Can a felony be removed from my record in Arizona?

Arizona does not have a traditional "expungement" law. However, you can apply for a set aside. If granted, this shows that the judgment of guilt was vacated. Additionally, Arizona recently passed laws allowing for the sealing of certain criminal records, which our firm can help you navigate.

What is a preliminary hearing?

In a felony case, you have a right to a preliminary hearing (unless you are indicted by a Grand Jury). During this hearing, the prosecutor must prove there is "probable cause" to believe a crime was committed and that you committed it. This is a critical opportunity for your lawyer to cross-examine witnesses and assess the strength of the state’s case.

Will I go to prison for a first-time felony?

Not necessarily. For many Class 4, 5, and 6 non-dangerous felonies, a first-time offender may be eligible for probation. However, the specific facts of the case and the prosecutor's office policies play a major role.

Can a felony be reduced to a misdemeanor in Arizona?

In some situations, yes. Certain Class 6 felonies may qualify for reduction to a misdemeanor, especially for first-time offenders or after successful completion of probation.

Can prior convictions increase penalties?

Yes. Prior felony convictions can significantly increase prison exposure and sentencing ranges under Arizona law.

Do I really need a private Phoenix felony lawyer?

While public defenders are dedicated attorneys, they are often burdened with massive caseloads. A private lawyer at Cates & Reed, PLLC can provide personalized attention, conduct independent investigations, and dedicate the time necessary to build a robust defense.

Facing a felony charge can be intimidating, but you don’t have to fight alone. Contact us online to discuss your case. We are available 24/7 to take your call.