A felony is the most serious type of crime under the law of the state of Arizona.
Criminal law in the state of Arizona distinguishes between felonies, dividing them into six classes, each carrying a potential sentence of more than one year in prison upon conviction.
The penalties associated with felonies, compared to misdemeanours or petty offenses, are much heavier in fines and repercussions. Felonies are serious charges, and conviction on such counts has serious implications for the rest of your life.
What constitutes a felony in Arizona?
In Arizona, the term “felony” applies to any crime punishable by more than one year in prison. It includes capital offenses like murder and arson, property crimes like burglary or robbery, drug-related felonies like possession and trafficking, and violent crimes like assault or kidnapping.
The key differences between felony and misdemeanour charges in Arizona
The major difference between the two crimes is the nature of charge, its seriousness, and the kind of penalties imposed. Penalties can include huge fines, expensive fees, and restitution to the victims of offense. Felony charges in Arizona carry a prison sentence of more than 12 months for conviction.
Some of the offenses charged as felonies include but are not limited to the following incidents.
- Aggravated DUI.
- Theft over a certain dollar value amount.
- Drug possession over a certain threshold amount.
- Burglary and robbery.
- Armed robbery.
- Illegal sales of drugs.
- Possession of drugs with the intent to sell.
- Crimes against victims.
- Other serious offenses.
Violent and serious felonies could get to 25 years to life in prison. For homicide cases, there can be an imposition of the death penalty in Arizona. Misdemeanour convictions in Arizona provide jail sentences of one year or less.
Other penalties can include probation, alcohol/substance abuse counselling, ignition interlock device installation, probation, fines, fees and other miscellaneous punishments. Generally, misdemeanour convictions have lesser penalties than felony offenses.
Some examples of offenses classified as misdemeanours include non-aggravated DUI, Possession of Marijuana and/or drug paraphernalia.
What types of charges in Arizona are a felony?
Depending on the nature and degree of the offense, if you’re arrested in Arizona, you could be charged with a misdemeanour or a felony.
People convicted of a felony also have the possibility of receiving a large fine and, in the years to come, they could experience unemployment from prospective employers accessing their record.
The following are some of the many offenses charged as felonies.
- Theft.
- Firearm offenses.
- Drug possession.
- Drug trafficking.
- Sex crimes.
- DUI.
- Traffic violations.
- Domestic violence.
- Violent crimes.
What are the different classes of felonies in Arizona?
There are six different classes of felonies in Arizona, each bearing punishments for a crime, inclusive of jail time and fines. All felony crimes vary among the classes, according to their severity, with lower numbers indicating more serious felonies, thus harsher penalties.
The degree of the felony determines the potential prison sentence if convicted.
- Class 1 felonies are the most serious kinds of felonies and include two offenses: first-degree and second-degree murder.
- Class 6 felonies represent the most minor type of offenses, and prosecutors may choose to charge them as a misdemeanour.
No matter the class, all felonies are serious offenses in Arizona and have severe, lifelong consequences. Should you be accused of a felony, it’s critical you see your attorney to protect your rights and maximize the potential for a good outcome with your case.
Classifications and penalties for felonies in Arizona
In Arizona, there are general sentencing guidelines for each class of felony provided by the court, which determine the penalty imposed on the guilty offender.
The advisory sentencing guidelines for every felony class are as follows.
- Class 1: Life in prison to 25 years
- Class 2: Five years in prison
- Class 3: Three years and a half in prison
- Class 4: Two years and six months of imprisonment
- Class 5: One and a half years in jail
- Class 6: One year in jail
How does felony sentencing in Arizona work?
The State of Arizona has minimum mandatory sentencing laws, meaning that a judge is still limited to handing out any sentence while staying within the framework of a certain range under that crime. This leaves some independence for the court to award the proper sentence to a defendant—while setting the minimum and maximum sentences for those crimes through the legislature—to an extent.
Reach out to AZ Defenders to discuss your case and review our blog for more info
Ultimately, it’s up to the judge. Even if the result is conviction, a good criminal defence attorney can aid in presenting evidence and raising arguments to lessen the period of incarceration. Sometimes an attorney can negotiate to have an offense charged as a misdemeanour which would otherwise have been charged as a felony. Contact our offices for immediate assistance or check out our blog for more information on Rosenstein Law and our services.
Disclaimer: The products and services mentioned in this article are only applicable to Scottsdale, Arizona.