An arrest on felony charges is a traumatizing experience, but it doesn\u2019t have to be a life-changing one.<\/p>\n
After the police arrest and charge you with a felony crime, every phase of the criminal trial process is important. Felonies in Arizona are no laughing matter. Prosecutors often push for the harshest penalties, and Arizona has some of the highest mandatory minimum sentences in the country. While the classifications listed may seem minor when compared to the result of the case, in reality, the classification of criminal charges can make the difference in what happens if you are convicted.<\/p>\n
To avoid incurring a heavier sentence than you deserve, you need a qualified Arizona criminal defense attorney beside you every step of the way.<\/p>\n
Bel\u00e9n Olmedo Guerra<\/a> is a Phoenix criminal defense lawyer<\/a> who has experience handling even the most severe felony offenses. In this post, Bel\u00e9n will give an overview of the Arizona felony classes<\/a> and penalties.\u00a0 If you’ve been charged with a felony in Arizona, contact the Bel\u00e9n Law Firm to speak with an experienced Phoenix felony lawyer<\/a> immediately. We offer payment plans and free consultations.<\/p>\n A felony crime in Arizona is, by nature, far more serious and severe than a minor or misdemeanor conviction, which often involves possible jail time of less than a year. Meanwhile, a felony offense typically results in time in prison of a year or more. Felonies in Arizona include but are not limited to the following:<\/p>\n Under Arizona Revised Statute 13-601<\/a>, felonies fall into six classes: Class 1 felonies through Class 6 felonies. Class 1 felonies<\/a> are the most serious and include things like homicide offenses in Arizona<\/a>. Class 6 felonies, on the other hand, are the least serious. These offenses carry a maximum sentence of two years in prison. Under certain circumstances and with a good defense lawyer, the courts may even agree to charge a Class 6 felony<\/a> as a misdemeanor.<\/p>\n Each type of felony charge is unique, depending on the facts of the case. Felonies in Arizona also have \u201cenhancement categories\u201d that increase the sentence. These categories include dangerous offenses<\/em>, dangerous crimes against children<\/em><\/a>, and repeat offenders<\/em>.\u00a0Some crimes, like possession of methamphetamine for sale, also have enhanced sentencing.<\/p>\n An attempted crime, wherein the defendant intended to complete the crime but was not able to for one reason or another, will reduce the class of felony by one classification. For instance, attempted murder would be a Class 2 felony<\/a> rather than a Class 1 felony.<\/p>\n Felonies are crimes punishable by one year or more in state prison. Sentencing ranges depending on the class of the felony. Below are the classification of felonies in Arizona:<\/p>\n This class of felony is the most serious. First and second-degree murder<\/a> are the only Class 1 felonies in Arizona. First-degree murder<\/a> is punishable by life in prison and even possibly the death penalty. Second-degree murder is punishable by a prison term of 16 years to life imprisonment.<\/p>\n For crimes outside the Class 1 felony category, Arizona lawmakers set a presumptive sentence for each decreasing felony class. A presumptive term is a standard sentence, meaning the sentence the judge will give in most cases.<\/p>\n There are also mitigated and aggravated terms, according to Arizona Revised Statute 13-701<\/a>. A judge may choose to apply the aggravated sentence, which is longer than the presumptive term. However, the prosecutor must first show aggravated circumstances. Examples of aggravated circumstances include:<\/p>\n A mitigated term is shorter than the presumptive sentence. A judge may choose a mitigated sentence if certain mitigating circumstances are present. Mitigating circumstances include:<\/p>\n The presumptive term for a Class 2 felony is five years in prison, while the aggravated sentence is 12.5 years. Examples of Class 2 felonies include the production or creation of child pornography in Arizona<\/a> and the crime of manslaughter in Arizona<\/a>.<\/p>\n The presumptive term for Class 3 felonies<\/a> is three years and six months prison time. The aggravated term is eight years and nine months.<\/p>\n An example of a Class 3 felony is the cultivation of four or more pounds of marijuana<\/a>.<\/p>\n Class 4 felonies carry a presumptive term of two years and six months in prison. The aggravated term for a Class 4 felony<\/a> is three years and nine months.<\/p>\n Theft of property between $3000 and $4000 is a Class 4 felony, as is negligent homicide in Phoenix<\/a>.<\/p>\n If lawmakers do not state a class for a felony, it is typically punishable as a Class 5 felony in Arizona<\/a>. A Class 5 felony has a presumptive sentence of two years, and an aggravated term of two years and six months.<\/p>\n Pimping and pandering<\/a>, which is profiting from or facilitating prostitution in Arizona<\/a>, are both Class 5 felonies.<\/p>\n These are the least serious felonies in Arizona. The presumptive term for a Class 6 felony is one year in prison. The aggravated term is two years in prison.<\/p>\n In some cases, A.R.S. 13-604<\/a> allows a judge to designate a Class 6 felony conviction as a Class 1 misdemeanor<\/a>. This would mean a less serious sentence.<\/p>\n Prison time is not the only punishment judges can give in Arizona. A judge can also impose fines of up to $150,000.<\/p>\n Arizona courts may impose additional fines against defendants convicted of drug crimes.<\/p>\n Another circumstance that affects felony sentencing is a prior felony conviction. A person with two or more felony convictions or one prior conviction for a dangerous felony will receive a longer prison sentence than a first-time offender.<\/p>\n For example, if a court convicts someone of a Class 2 felony and that person has a prior dangerous felony conviction, the presumptive term doubles. Remember, the presumptive term for a Class 2 felony is five years. So, with a prior conviction, the presumptive term becomes aggravated and results in a sentence of ten years and six months.<\/p>\n A statute of limitations is essentially a time limit for prosecuting a crime. This means the state must begin prosecuting a crime within the statute of limitations. The state has seven years to begin prosecuting for most felonies in Arizona. However, the most serious felonies, like murder, have no statute of limitations. This means the state can begin prosecution at any time, even many years later.<\/p>\n There are a number of reasons why you need an experienced criminal defense attorney<\/a> if you’ve been charged with a felony offense in Arizona. Here are a few of them:<\/p>\n Bel\u00e9n Olmedo Guerra is a thorough and highly experienced Phoenix criminal defense attorney<\/a>. She’s one of the top felony defense lawyers in Phoenix and will handle your case with precision.\u00a0To contact The Bel\u00e9n Law Firm, call 602-715-0908<\/a>. You may also fill out a short form to schedule a free and confidential initial consultation.<\/p>\nWhat is a Felony in Arizona?<\/h2>\n
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Arizona Felony Classes<\/h2>\n
Arizona Felonies and Penalties<\/h2>\n
Class 1 Felonies in Arizona<\/h3>\n
Presumptive, Aggravated, and Mitigated Sentences<\/h3>\n
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Class 2 Felonies in Arizona<\/h3>\n
Class 3 Felonies in Arizona<\/h3>\n
Class 4 Felonies in Arizona<\/h3>\n
Class 5 Felonies in Arizona<\/h3>\n
Class 6 Felonies in Arizona<\/h3>\n
Fines for Felonies<\/h3>\n
Prior Felony Convictions<\/h3>\n
What is the Statute of Limitations for Felonies in Arizona?<\/h2>\n
Why You Need An Attorney<\/h2>\n
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Contact The Bel\u00e9n Law Firm Today!<\/h2>\n