If you are facing Class 4 felony charges in Arizona, understanding the full scope of what you are up against is critical. While Class 4 felonies sit in the middle of Arizona’s felony sentencing framework, they are still serious criminal offenses that carry the potential for lengthy prison sentences, hefty fines, and a permanent criminal record that can follow you for the rest of your life.
At Belen Law Firm, Attorney Belén Olmedo Guerra and her legal team are committed to providing aggressive, personalized defense to individuals facing felony charges throughout the Phoenix area and greater Maricopa County. From the moment you retain our firm, we get to work analyzing the charges against you, identifying weaknesses in the prosecution’s case, and building a comprehensive defense strategy tailored to your specific circumstances.
In this post, we will cover the different types of Class 4 felony crimes in Arizona, the penalties you may be facing if convicted, and why having the right attorney in your corner makes all the difference.
What is a Class 4 Felony in Arizona?
Arizona law organizes felony offenses into six classes, with Class 1 representing the most severe and Class 6 the least serious. Class 4 felonies occupy the middle range of this framework: less severe than Class 1, 2, and 3 felonies, but still serious criminal offenses with consequences that can include multiple years in state prison.
There are over 90 distinct crimes in Arizona that fall under the Class 4 felony classification. These include:
- Unlawful influence of officer, inspector, or other state employee
- Theft of protected native plants (valued at $1,500 or more)
- Branding or altering brand of animal of another
- Obliterating or changing brand or mark
- Certain racing violations
- Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs
- Interrogatory or signature violations; corporate records
- Interrogatory or signature violations; corporate records
- Attempt of a Class 3 felony
- Solicitation of a Class 2 felony
- Negligent homicide
- Certain violations of aggravated assault
- Custodial interference (if the child or incompetent person is taken out of this state by the parent or custodian or agent or by the agent of the parent or custodian)
- Certain kidnapping violations
- Unlawfully obtaining labor or services
- Voyeurism
- Third-degree burglary
- Criminal damage of $10,000 or more or causing impairment of the functioning of a utility
- Aggravated criminal damage
- Arson of a structure or property (property valued at more than $1,000)
- Arson of an occupied jail or prison facility
- Theft (property or services valued at $3,000 or more but less than $4,000 or any vehicle engine or transmission)
- Extortion
- Shoplifting
- Misappropriation of charter school monies (less than $25,000)
- Robbery
- Forgery
- Identity theft
- Forgery of credit card
- Credit card transaction record theft (at least $2,000 but less than $3,000)
- Collection of extensions of credit by extortionate means
- Participating in or assisting a criminal syndicate
- Bribery of participants in professional or amateur games, sports, horse races, dog races or contests
- Computer tampering
- Unlawful possession of an access device (100 or more)
- Unauthorized release of proprietary or confidential computer security information
- Smuggling
- Residential mortgage fraud
- Knowingly making available a property to be used as a drop house
- Impersonating a peace officer during the commission of certain felonies
- First-degree escape
- Bribery of a public servant or party officer
- Offer to exert improper influence on public officer or employee for consideration
- Perjury
- Influencing a juror
- Introduction of disease or parasite (that is a threat to human health)
- Hoax
- Surreptitious photographing, videotaping, filming, digitally recording or viewing
- Misconduct involving weapons
- Depositing explosives
- Adjudicated delinquents; firearm possession (second or subsequent offense)
- Misconduct involving body armor
- Using or threatening to use a remote stun gun against a law enforcement officer engaged in official duties
- Taking a child for the purpose of prostitution (if the child is 15 years of age or older)
- Possession, use, production, sale or transportation of marijuana
- Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs
- Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs
- Use of wire communication or electronic communication in drug-related transactions
- Using building for sale or manufacture of dangerous or narcotic drugs (fortification)
- Furnishing obscene or harmful items to minors
- Furnishing harmful items to minors by internet
- Obscene or indecent telephone communications to minors for commercial purposes
- Incest
- Child or vulnerable adult abuse
- Consideration for referral of a patient, client or customer; fraud (certain violations)
- Interference with monitoring devices
- Failure to comply with sex offender registration requirements
- Conducting a chop shop (other than owning or operating)
- Possession or sale of cloned cellular or wireless telephones
- Criminal trespass on a commercial nuclear generating station
- Defrauding a professional employer organization
- Vehicular homicide
- Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs with suspended or revoked license, or a third or subsequent violation in 84 months
- Motor vehicle fuel tax violations
- Interrogatory or signature violations; limited liability company records
- Fraudulent audit practices
- Crimes against the dead (e.g., mutilation, necrophilia)
- Resale of realty with intent to defraud
- Contract, combination, or conspiracy to restrain trade or commerce
- Misuse of public monies by a public officer
- Certain controlled substances violations
- Violation of loyalty oath by public officers and employees
- The withholding or destruction by a former public officer of records or property of office
- Stealing, destroying, altering, or secreting any public record by a public officer
- Violation of law or commission authorizations regarding stock certificates or evidences of indebtedness
- Altering or illegally removing enrolled copy of bill or resolution
- Procurement code violations
- Unlawful solicitation and award of state grants
- Certain criminal violations regarding the collection of taxes
- Failure of employer to remit tax withholdings
- Government contract, combination or conspiracy to restrain trade or commerce
- Sale of unregistered securities
- Securities transactions by unregistered dealers and salesmen
- Certain sale of securities violations
- Fraud in providing investment advisory services
Class 4 Felony Arizona Examples
Class 4 Felony Child Abuse Arizona
Child abuse is one of the more serious offenses that can be charged as a Class 4 felony. Depending on the circumstances, including the age of the child and the nature of the harm, Arizona child abuse charges can also be elevated to a higher felony class. A conviction carries not only significant prison time but also lasting consequences for parental rights, custody, and employment in any field involving children.
Class 4 Felony Child Neglect Arizona
Child neglect is treated just as seriously under Arizona criminal law and can be charged as a Class 4 felony when the circumstances involve conduct that recklessly or intentionally placed a child at risk of harm. Like child abuse charges, a conviction can have consequences that extend well beyond the criminal courtroom, demanding aggressive defense from an experienced attorney.
Class 4 Felony Drug Possession Arizona
Possession, use, sale, or transportation of dangerous or narcotic drugs is one of the most commonly charged Class 4 felony crimes. Drug possession charges of this level can arise from a wide range of controlled substances, and the specific penalties depend on factors such as the type and quantity of the substance involved and whether the defendant has prior felony convictions. A Phoenix drug possession attorney can examine whether proper procedures were followed during the investigation and whether the evidence against you is as strong as the prosecution claims.
Class 4 Felony DUI Arizona
An aggravated DUI in Arizona, such as driving under the influence with a suspended or revoked license or a third or subsequent DUI offense within 84 months, is a Class 4 felony offense. Unlike standard DUI charges, aggravated DUI charges carry mandatory prison time and can result in the long-term loss of driving privileges, among other serious consequences. If you’re facing these charges, the best thing you can do for yourself is to seek legal guidance from a felony DUI defense attorney in Arizona as soon as possible.
Class 4 Felony Aggravated Assault Arizona
Certain aggravated assault offenses are also classified as Class 4 felonies in Arizona, particularly those involving the use of a deadly weapon or dangerous instrument, or conduct that caused serious physical injury to the victim. The classification of an aggravated assault charge can depend on numerous factors, including the identity of the victim, the circumstances of the altercation, and the extent of any physical injury, all of which an experienced Phoenix aggravated assault defense attorney at Belen Law Firm can scrutinize and challenge.
What is the Statute of Limitations for Class 4 Felony Charges?
According to Arizona’s criminal statute of limitations, prosecutors must charge most felonies (aside from Class 1 felonies) within seven years of the commission of the alleged offense.
What is the Arizona Class 4 Felony Penalty?
A conviction for a Class 4 felony in Arizona carries serious consequences, but just how serious those consequences are depends on a number of factors, including whether a mitigated or aggravated sentence applies.
For example, for a non-dangerous first offense, the presumptive prison sentence is 2.5 years, but mitigating factors can bring that down to just one year in prison. For dangerous repeat offenses with aggravating circumstances involved, sentences can reach up to 15 years in state prison. In addition to prison time, a person found guilty of a Class 4 felony may also face hefty fines, mandatory community service, restitution payments to victims, and a permanent felony conviction on their record.
Arizona Class 4 Felony Sentencing Range
Arizona’s felony sentencing chart establishes structured sentencing ranges for each felony class. Arizona law divides crimes into non-dangerous offenses, dangerous offenses, and dangerous crimes against children, each with its own sentencing range and rules. Mitigating or aggravating factors, prior felony convictions, and whether the offense is classified as dangerous all play a significant role in determining where within the sentencing range a defendant ultimately falls.
For a non-dangerous first offense, the defendant may have their penalty reduced below the standard minimum sentence if they can establish at least two mitigating factors at the sentencing hearing. Conversely, two aggravating circumstances must be present for the court to impose an aggravated prison sentence beyond the standard maximum.
A dangerous offense under Arizona law is one in which the defendant discharged, used, or threatened the use of a deadly weapon or dangerous instrument, or intentionally and knowingly inflicted serious physical injury on another person. Sentencing ranges for dangerous offenses are substantially harsher than those for non-dangerous offenses and increase further if the defendant has multiple prior felony convictions.
Dangerous crimes against children carry their own sentencing range entirely separate from other offenses. These cases have no set minimum or maximum sentence, and the penalties also increase significantly with historical prior felony convictions, with two historical priors making life imprisonment the default outcome.
Class 4 Felony Arizona Jail Time
Below are the sentencing ranges for both non-dangerous and dangerous Class 4 felonies (with historical priors and dangerous repeat offenses), including the mitigated sentence, aggravated sentence, presumptive sentence, minimum sentence, and maximum sentence, as applicable.
Non-Dangerous Crimes
# of Historical Priors | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
0 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
1 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
2 | 2.25 years | 3 years | 4.5 years | 6 years | 7.5 years |
3 | 6 years | 8 years | 10 years | 12 years | 15 years |
Dangerous Crimes With Historical Priors
# of Historical Priors | Minimum | Presumptive | Maximum |
0 | 4 years | 6 years | 8 years |
1 | 8 years | 10 years | 12 years |
2 | 12 years | 14 years | 16 years |
Dangerous Crimes With Repeat Dangerous Offenses
Repeat Offense # | Minimum | Maximum | Increased Maximum |
2 | 6 years | 8 years | 10 years |
3+ | 10 years | 12 years | 15 years |
Other Classes of Felonies in Arizona
To better understand where Class 4 felony charges fall within Arizona’s broader sentencing structure, here is a brief overview of the other felony classes:
- Arizona Class 1 Felonies: Class 1 represents the most serious crimes in Arizona, which are first and second-degree murder. First-degree murder is punishable by life imprisonment, natural life imprisonment, or the death penalty. Second-degree murder carries a presumptive sentence of 16 years, a minimum of 10 years, and a maximum of 25 years.
- Arizona Class 2 Felonies: The second most severe felonies in the state, including armed robbery, sexual assault, terrorism, manslaughter, and certain drug crimes. Non-dangerous first offenses carry a presumptive sentence of 5 years, while dangerous offenses with three or more prior felonies can result in up to 35 years in prison.
- Arizona Class 3 Felonies: Examples include aggravated assault, second-degree burglary, aggravated robbery, and sexual abuse of a child under 15. The presumptive sentence for a non-dangerous first offense is 3.5 years, with dangerous repetitive offenders facing up to 25 years in prison.
- Arizona Class 5 Felonies: Less serious than Class 4, these offenses include credit card theft, aggravated assault on a police officer, and public sexual indecency before a minor. Sentencing ranges from 6 months for a non-dangerous first offense to 7.5 years for a dangerous repeat offender.
- Arizona Class 6 Felonies: The least serious felonies in Arizona. Examples include aggravated domestic violence, possession of drug paraphernalia, and resisting arrest. The presumptive term for a non-dangerous first offense is 1 year, while a dangerous offender with prior convictions may face up to 6 years in prison.
Why You Need a Criminal Defense Attorney When Up Against a Class 4 Felony Charge in Arizona
A Class 4 felony charge is not something to approach without skilled legal help. Even for first-time offenders, the potential for years in state prison, combined with fines, restitution, and a permanent felony conviction, makes these among the most consequential criminal charges a person can face. For defendants with a prior criminal history, the sentencing exposure increases dramatically, and the margin for error shrinks accordingly.
Criminal defense lawyers do far more than simply show up to court. They will conduct a thorough independent investigation, scrutinize how evidence was gathered and whether your constitutional rights were respected at every stage, identify any common aggravating factors the prosecution may attempt to exploit, and present compelling mitigating factors that support a more favorable outcome.
Why Trust the Experienced Felony Defense Attorneys at Belen Law Firm?
When you are accused of felony crimes, you need more than general legal advice. You need an aggressive and strategic defense built around the unique facts of your case. At Belen Law Firm, the focus stays on protecting your future from the start. Our Phoenix, AZ felony lawyers understand how prosecutors pursue these cases and move quickly to review the facts, challenge weak evidence, and position your case for the strongest possible outcome.
We also recognize that no two cases are the same. Whether you are facing your first felony offense or have prior criminal convictions on your record, your defense should reflect your specific situation. Our dedicated team of attorneys will look closely at the details, identify opportunities to reduce exposure, and present arguments that support your side of the story.
From early case evaluation through court proceedings, we leave no stone unturned. Our goal is to limit the impact of the charges against you and protect your rights every step of the way.
Call a Phoenix, Arizona Class 4 Felony Defense Attorney Today
When you hire a criminal defense lawyer from Belen Law Firm, you are equipping yourself with an attorney who is fully committed to protecting your rights and fighting for your future. Our team has a thorough understanding of Arizona criminal law and the specific nuances of Class 4 felony crimes in Arizona, and we will use that knowledge to develop a defense strategy tailored to the unique facts of your case.
Located in Phoenix, our law offices proudly serve clients across Maricopa County, including Mesa, Chandler, Tempe, Gilbert, Glendale, Scottsdale, Avondale, and neighboring areas. We provide legal support 24/7 and accept calls at all hours, including from individuals in Maricopa County, Pima County, and Yavapai County jails.
If you are facing Class 4 felony charges in Arizona, do not wait to get the legal help you need. Call (602) 715-0908 or complete our online intake form to schedule a free consultation with a top-rated criminal lawyer in Phoenix, AZ today.
