In the United States, each state has its own classifications and penalties for different types of crimes. Based on the severity of the crime and the defendant’s criminal history, offenses in Arizona may be categorized as either a felony or a misdemeanor (or, in very minor cases, a petty offense). Felony offenses are the most serious of these categories, and even at the lowest level, a felony conviction carries long-term consequences that can impact the trajectory of your life for years to come, affecting everything from employment and housing applications to your firearm rights.
At Belen Law Firm, our Phoenix criminal defense attorneys have years of experience fighting for defendants accused of Class 6 felony offenses in Arizona. This means we possess the knowledge, skill, and legal resources it takes to build a strong defense and pursue the most favorable outcome in your situation. In this post, we will cover the most common types of Class 6 felonies, the penalties you may be facing, and why having the right attorney in your corner matters even at this level of felony charge.
What is a Class 6 Felony in Arizona?
Arizona law recognizes six felony classes, with Class 1 being the most severe and Class 6 being the least. While Class 6 felonies sit at the bottom of the felony classification system, it is critical to understand that they are still felonies, and all felony offenses should be taken extremely seriously. A conviction at this level can still result in prison time, probation, fines, and a permanent felony record that can follow you for the rest of your life.
There are over 200 specific crimes that may be classified as a Class 6 felony in Arizona. Below are some of the more common examples:
List of Offenses
- Attempt of a Class 5 felony
- Solicitation of a Class 4 felony
- Facilitation of Class 2 or 3 felony
- Violating a restraining order (regarding commercial property nuisance)
- Endangerment
- Certain aggravated assault violations
- Indecent exposure (to a person below the age of 15)
- Sexual conduct with a minor
- Beastiality
- Certain first-degree criminal trespassing violations
- Aggravated criminal damage
- Aggravated domestic violence
- Possession of burglary tools
- Certain shoplifting violations (property valued between $1,000-$2,000)
- Certain check fraud violations
- Certain computer tampering violations
- Third-degree money laundering
- Resisting arrest
- Certain animal cruelty violations
- Aggravated harassment
- Certain weapon misconduct violations
- Certain drug crimes and marijuana violations
- Possession of drug paraphernalia
- Child or vulnerable adult abuse
To see the complete list of Arizona Class 6 felonies, click here.
Class 6 Felony Arizona Examples
AZ Class 6 Felony DUI
Although most aggravated DUI charges in Arizona are typically charged as a Class 4 felonies, driving under the influence while a minor is in the vehicle is classified as a Class 6 felony offense. Even at the Class 6 level, a felony DUI conviction carries mandatory prison time, loss of driving privileges, and additional penalties that can significantly disrupt your daily life and career for years to come, making it imperative that you equip yourself with a skilled Phoenix DUI attorney ASAP.
AZ Class 6 Felony Theft
Theft of property or services valued between $1,000 and $2,000 is classified as a Class 6 felony in Arizona. As with other theft offenses, the value of the stolen items is a central factor in how the charge is classified, and an experienced Phoenix theft crime attorney at Belen Law Firm may be able to challenge the stated valuation and potentially reduce the offense to a misdemeanor conviction.
AZ Class 6 Felony Firearm Offenses
Certain weapon misconduct violations are also charged as Class 6 felonies in Arizona. A conviction for a firearm-related felony can result in the permanent loss of your right to own or possess a firearm under both state and federal law, a consequence that extends well beyond any prison sentence or probation requirement.
AZ Class 6 Felony Criminal Impersonation
Criminal impersonation, such as falsely representing oneself as a public servant or law enforcement officer, is another common offense falling under the Arizona Class 6 felony umbrella. While this may seem like a less serious crime compared to other felony offenses, a conviction still results in a permanent criminal record and all the long-term consequences that come with it.
What is a Class 6 Undesignated Felony in Arizona?
One distinctive feature of Class 6 felonies in Arizona is the concept of an undesignated felony. Under Arizona law, a Class 6 felony may be charged as an undesignated offense, meaning the court has the discretion to treat the offense as either a felony or a misdemeanor depending on how the case proceeds.
When a Class 6 felony is “undesignated,” the defendant is typically placed on probation rather than sentenced to prison. If the defendant successfully completes their probation requirements, the court may enter an order designating the offense as a misdemeanor rather than a felony, effectively reducing the long-term consequences of the conviction. However, if probation is violated or other conditions are not met, the court retains the authority to designate the offense as a felony.
This undesignated status is only available under certain circumstances and is not guaranteed, as it requires a judge to find that designating the crime as a felony would be unduly harsh given the specific facts of the case. An experienced criminal defense attorney can advocate for this designation on your behalf, which can significantly affect the outcome of your case.
Class 6 Felony Arizona Punishment
The punishment for a Class 6 felony conviction in Arizona depends on a number of different factors. For example, whether or not the crime was considered a dangerous offense, whether the defendant had a prior conviction, and whether or not there were aggravating or mitigating factors present all play a part in determining the penalties.
Class 6 Felony First Offense Arizona
For a first-time offender with no prior felony convictions facing a non-dangerous Class 6 felony, the presumptive sentence is 1 year in state prison. With mitigating circumstances, that sentence can be reduced to as little as 4 months. With aggravating factors, it can increase to 2 years. Importantly, individuals convicted of a non-dangerous Class 6 felony with no prior felony convictions (aside from certain drug crimes) may also be eligible for felony probation rather than a prison sentence.
If the offense is considered dangerous, the presumptive sentence increases to 2.25 years, with the minimum at 1 and a half years and the maximum at 3 years in prison.
Arizona Class 6 Felony Sentencing Guidelines
The state of Arizona follows mandatory sentencing guidelines for felonies that help prescribe the penalties for different offenses. Below is the Class 6 felony sentence range for those facing non-dangerous crimes, dangerous crimes with a historical prior felony conviction, and dangerous repetitive offenses. We’ll also include the minimum, maximum, and presumptive sentence, as well as the mitigated and aggravated sentence where it applies.
Non-Dangerous Offenses
Aside from those convicted of certain drug crimes in Arizona, individuals who are convicted of a non-dangerous felony with no prior felony convictions may be eligible for felony probation. They are also eligible for a reduced prison sentence if at least two mitigating factors are present. Similarly, however, they may also receive an aggravated sentence if two aggravating factors are present, meaning their sentence may be increased beyond the maximum term.
| # of Historical Priors | Mitigated Term | Minimum Term | Presumptive Term | Maximum Term | Aggravated Term |
| 0 | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| 1 | 4 months | 6 months | 1 year | 1.5 years | 2 years |
| 2 | 9 months | 1 year | 1.75 years | 2.25 years | 2.75 years |
| 3 | 2.25 years | 3 years | 3.75 years | 4.5 years | 5.75 years |
Dangerous Offenses with Prior Felony Convictions
A dangerous crime is one that involves the use (or threatened use) of a deadly weapon or dangerous instrument, combined with the intentional and knowing infliction of serious injury. Arizona does not permit mitigating or aggravating factors for dangerous offense sentencing; only minimum, presumptive, and maximum terms apply.
| # of Historical Priors | Minimum Term | Presumptive Term | Maximum Term |
| 0 | 1.5 years | 2.25 years | 3 years |
| 1 | 3 years | 3.75 years | 4.5 years |
| 2 | 4.5 years | 5.25 years | 6 years |
Repeat Dangerous Offenses
As you might imagine, repeat offenders of dangerous crimes face much stiffer penalties than non-dangerous offenders (and even dangerous offenders with no prior dangerous crime convictions). The sentencing range is a bit different for repetitive dangerous offenses, as it only provides a minimum, maximum, and an increased maximum sentence.
| Repeat Offense # | Minimum Term | Maximum Term | Increased Maximum |
| 2 | 2.25 years | 3 years | 3.75 years |
| 3+ | 3.75 years | 4.5 years | 5.6 years |
Arizona Class 6 Felony To Misdemeanor
One of the most important and unique aspects of Class 6 felonies in Arizona is that, unlike any other felony level, they can potentially be reduced to a misdemeanor under ARS § 13-604. This is the only class of felony in Arizona for which this reduction is available, and it can make an enormous difference in terms of long-term consequences, including background checks, public record implications, and the preservation of civil rights.
A Class 6 felony may be reduced to a misdemeanor if the following conditions are met:
- The offense is not classified as a dangerous offense
- The judge determines that punishing the crime as a felony would be unduly harsh given the circumstances
- The defendant has no more than one prior felony conviction (two or more felonies disqualify a defendant from eligibility for this reduction)
Sentencing for misdemeanor convictions in Arizona is typically far less harsh than for felonies, carrying a maximum of six months in county jail and 3 years of probation, plus any associated fines and surcharges. Besides the immediate legal penalties, the difference between a felony record and a misdemeanor conviction can affect your life for decades to come.
If you are facing a Class 6 felony charge and believe you may be eligible for this reduction, it is essential to have an experienced defense attorney who can make a compelling case to the prosecutor and the court on your behalf.
Is There a Statute of Limitations for Class 6 Felony Crimes in Arizona?
For Class 6 felony offenses in Arizona, the statute of limitations is typically seven years from the date the alleged crime took place. If such time passes without prosecutors bringing charges against you, they lose the right to do so entirely.
Other Classes of Felonies in AZ
Ranking above Class 6 felony crimes in Arizona are Classes 1-5. The following is a brief overview of each, from highest in severity to lowest:
- Arizona Class 1 Felony: Limited to first and second-degree murder and considered the most serious felony offenses in Arizona. Punishable by natural life imprisonment, life imprisonment, or the death penalty (first-degree murder), or between 10 and 25 years in state prison (second-degree murder).
- Arizona Class 2 Felony: Includes offenses such as manslaughter, sexual assault, child molestation, terrorism, sex trafficking, and armed robbery. Non-dangerous first offenses carry a presumptive sentence of 5 years, with dangerous repeat offenses reaching up to 35 years.
- Arizona Class 3 Felony: Examples include aggravated robbery, second-degree burglary, aggravated assault, luring a minor for sexual exploitation, and certain stalking violations. Sentences range from a mitigated term of 2 years for a non-dangerous first offense to an increased maximum of 25 years for dangerous repetitive offenders.
- Arizona Class 4 Felony: Offenses such as perjury, negligent homicide, vehicular homicide, incest, forgery of credit cards, and third-degree burglary fall into this class. A non-dangerous first offense carries a presumptive term of 2.5 years, while dangerous repeat offenses can result in up to 15 years in prison.
- Arizona Class 5 Felony: Common examples include aggravated domestic violence, theft valued between $2,000 and $3,000, certain stalking violations, and fleeing or attempting to elude police officers. Sentences range from a mitigated term of 6 months for a non-dangerous first offense to a maximum of 7.5 years for dangerous repeat offenders.
How an Experienced Criminal Attorney Can Help Fight Arizona Class 6 Felony Charges
Even at the lowest felony level, the stakes are too high to face felony criminal charges without experienced legal representation. Beyond the immediate penalties, a felony conviction creates a permanent public record that can affect your ability to find employment, secure housing, own a firearm, and exercise other fundamental civil rights for the rest of your life.
The role of your criminal defense attorney is to examine every aspect of your case, from how the charges were filed and what evidence the prosecution intends to rely on, to whether you may be eligible for an undesignated offense designation, a plea agreement, or a reduction to a misdemeanor.
The truth is, in many Class 6 felony cases, there are meaningful legal strategies available that can substantially change the outcome, but pursuing them effectively requires knowledge, preparation, and skilled advocacy.
Why Place Your Trust in Belen Law Firm?
At Belen Law Firm, our felony defense lawyers in Phoenix, AZ have built a reputation for providing tenacious representation at every stage of the legal process, from the earliest plea negotiations all the way through a subsequent trial (if one becomes necessary). We understand that every case is unique, which is why we take the time to thoroughly evaluate the facts of your situation, identify every available legal option, and develop a defense strategy tailored specifically to your circumstances and goals.
Lead attorney Maria “Belén” Olmedo Guerra and her team bring years of courtroom experience, a deep knowledge of Arizona criminal law, and a genuine commitment to fighting for the people they represent. When you are ready to speak with a legal team that will treat your case with the attention and seriousness it deserves, contact Belen Law Firm.
Call a Phoenix, AZ Class 6 Felony Defense Attorney Today
If you are facing Class 6 felony charges in Arizona, do not wait to seek qualified legal help. The consequences of a conviction, both criminal and personal, are far too significant to leave to chance. At Belen Law Firm, our dedicated legal team is ready to evaluate your case, explain your options, and fight aggressively for the best possible outcome, whatever that may look like given your unique circumstances.
Our law offices operate out of Phoenix while representing clients all throughout Maricopa County, including but not limited to Mesa, Chandler, Tempe, Gilbert, Glendale, Scottsdale, Avondale, and nearby communities. We are available at all hours to offer legal advice and accept 24/7 calls, including from inmates in Maricopa County jails, Pima County jails, and Yavapai County jails.
Contact us at (602) 715-0908 or fill out our online form to schedule a free consultation today.
