What Are the 6 Felony Classes in Arizona?
Arizona divides felonies into six distinct classes, each carrying different sentencing ranges that can dramatically affect your future. Understanding how the state classifies these offenses is essential for building an effective defense strategy. Under Arizona law, Class 1 felonies are the most serious, while Class 6 felonies are the least severe. The classification directly determines your presumptive prison sentence, mitigated and aggravated ranges, and whether alternative sentencing options may be available. Knowing where your charge falls within this framework helps you and your attorney evaluate your exposure and plan accordingly.
If you are facing felony charges and need immediate guidance, Suzuki Law is available around the clock to protect your rights. Call 602-682-5270 or reach out online to speak with a member of our defense team today.
How Arizona Classifies Felony Offenses
Arizona’s felony classification system is governed by Title 13, Chapter 6 of the Arizona Revised Statutes, specifically ARS §§ 13-601 through 13-610. This chapter establishes the legal framework assigning each felony to one of six classes. ARS § 13-602(A) states that each felony defined in Title 13 has its classification expressly designated in the section or chapter defining it.
Felonies defined outside of Title 13 default to a specific class. Under ARS § 13-602(A), any offense defined outside this title that is declared by law to be a felony without specification of the classification or penalty is automatically treated as a Class 5 felony. This ensures that no felony defined outside Title 13 escapes the sentencing framework.
Arizona Felony Sentencing Ranges for First-Time Offenders
Sentencing for each felony class is addressed in Title 13, Chapter 7, specifically ARS §§ 13-701 through 13-719. ARS § 13-701 outlines aggravating and mitigating factors, while ARS § 13-702 provides the sentencing table for first-time felony offenders. The court uses this table to determine the presumptive sentence, which may shift toward the mitigated or aggravated end depending on case circumstances.
Below is a summary of the sentencing ranges for first-time offenders under ARS § 13-702, organized by felony class.
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 | 0.5 years | 0.75 years | 1.5 years | 2 years | 2.5 years |
| Class 6 | 0.33 years | 0.5 years | 1 year | 1.5 years | 2 years |
Class 1 felonies, which include first-degree and second-degree murder, carry their own sentencing provisions and are not included in the standard table above. Actual sentences may vary based on prior criminal history, aggravating or mitigating factors, and whether additional sentencing enhancements apply.
💡 Pro Tip: The “presumptive” sentence is not automatic. Your defense attorney can present mitigating factors to argue for a sentence below the presumptive term. Under ARS § 13-702, at least two mitigating factors must be found to impose the mitigated term (the mitigated term is below the presumptive). The court may reduce the presumptive sentence toward the minimum based on mitigating circumstances generally, without a specific numerical threshold; under ARS § 13-701(C), one or more aggravating circumstances are required to impose the minimum or maximum term.
Understanding Class 1 and Class 2 Felonies in Arizona
Class 1 Felonies
Class 1 felonies represent the most serious criminal offenses in Arizona. First-degree and second-degree murder are classified at this level. First-degree murder carries penalties including life imprisonment or, in certain cases, the death penalty, while second-degree murder carries a sentencing range of 10 to 25 years. Class 1 felonies are subject to their own sentencing statutes rather than the general table in ARS § 13-702.
Class 2 Felonies
A Class 2 felony carries a presumptive sentence of 5 years for a first offense. The mitigated term is 3 years, and the aggravated term can reach 12.5 years. Examples include certain drug offenses, armed robbery, and sexual assault, depending on specific statutory provisions. Working with a criminal defense lawyer in Tucson who understands how to challenge the prosecution’s evidence and sentencing position is critical.
💡 Pro Tip: Aggravating factors such as use of a deadly weapon or the victim’s age can push a sentence well above the presumptive term. Identifying and contesting these factors early is pivotal to your defense strategy.
Class 3 and Class 4 Felonies: Mid-Range Offenses
Class 3 Felonies
A Class 3 felony carries a presumptive sentence of 3.5 years for first-time offenders, ranging from 2 years (mitigated) to 8.75 years (aggravated). Offenses that may fall under this classification include certain types of aggravated assault, second-degree burglary, and some drug-related charges.
Class 4 Felonies
Class 4 felonies carry a presumptive sentence of 2.5 years, with mitigated terms as low as 1 year and aggravated terms up to 3.75 years. Forgery, identity theft, and certain theft offenses may be classified at this level. Even at this mid-range tier, a felony conviction can have lasting consequences for employment, housing, and civil rights.
💡 Pro Tip: Collateral consequences of a felony conviction, including loss of voting rights, firearm restrictions, and professional licensing barriers, can follow you for years. Always evaluate the full scope of a conviction’s impact, not just the prison term.
Class 5 and Class 6 Felonies: What You Need to Know as a Criminal Defense Lawyer in Tucson
Class 5 Felonies
A Class 5 felony carries a presumptive sentence of 1.5 years, ranging from 0.5 years (mitigated) to 2.5 years (aggravated). This classification also serves as the default for any felony defined outside Title 13 that does not specify a class or penalty. Stalking and certain criminal damage offenses may fall within this category.
Class 6 Felonies
Class 6 is the lowest felony class in Arizona, carrying a presumptive sentence of 1 year, with a mitigated term of roughly 4 months and an aggravated term up to 2 years. What makes Class 6 felonies unique is the possibility of designation as a misdemeanor under certain conditions. ARS § 13-604 allows the court to enter a judgment of conviction for a Class 1 misdemeanor if the offense is non-dangerous and the court believes a felony sentence would be unduly harsh. This option is unavailable to defendants previously convicted of two or more felonies.
💡 Pro Tip: If charged with a Class 6 felony, ask your attorney about misdemeanor designation under ARS § 13-604. This outcome depends on factors such as the offense’s nature, whether it involved a dangerous instrument or deadly weapon, and your criminal history.
Special Sentencing Provisions That May Apply
Arizona law includes enhanced sentencing provisions that can dramatically increase penalties beyond standard first-offense ranges. ARS § 13-703 addresses repetitive offenders, where prior felony convictions escalate the sentencing range considerably. ARS § 13-704 governs dangerous offenders when the offense involves use or threatening exhibition of a dangerous instrument or deadly weapon. For a deeper look at how these guidelines affect real cases, our guide on Arizona’s sentencing guidelines provides additional context.
Two additional statutes deserve particular attention. ARS § 13-705 provides mandatory sentencing provisions for dangerous crimes against children, which carry significantly longer prison terms and may eliminate the possibility of probation or early release. ARS § 13-706 addresses serious, violent, or aggravated offenders with enhanced penalties.
Why Felony Classification Matters for Your Defense
The classification of your felony charge shapes nearly every aspect of your case, from plea negotiations to trial strategy to sentencing exposure. A Tucson criminal attorney will evaluate not only the classification itself but also whether the facts support the charge as filed. Prosecutors sometimes charge at a higher class than the evidence may support, and challenging the classification or underlying conduct can reduce exposure.
Your defense strategy should also account for procedural defenses, constitutional challenges, and evidentiary issues. Unlawful searches, chain-of-custody failures, and deficiencies in proving intent are all tools that an experienced defense lawyer in AZ can use to protect your rights.
💡 Pro Tip: Request a copy of the charging documents and compare the alleged conduct against the statutory elements of the charged offense. If the prosecution’s allegations do not clearly satisfy every element, that gap may form the basis for a motion to dismiss.
Frequently Asked Questions
1. What is the least serious felony in Arizona?
A Class 6 felony is the least serious classification, carrying a presumptive sentence of 1 year for first-time offenders. Under ARS § 13-604, a Class 6 felony that does not involve a dangerous offense may be designated as a misdemeanor if the defendant has not been previously convicted of two or more felonies.
2. Can a felony charge be reduced to a misdemeanor in Arizona?
Arizona law allows Class 6 felonies to be designated as misdemeanors under ARS § 13-604, provided the offense is non-dangerous. This depends on the offense’s nature, the defendant’s criminal history, and the court’s discretion. Defendants with two or more prior felony convictions are not eligible.
3. What factors determine whether a sentence is mitigated or aggravated?
Under ARS § 13-701, courts consider aggravating factors such as use of a deadly weapon and victim vulnerability (for example, a victim who is 65 years of age or older or has a disability), as well as mitigating factors such as the defendant’s age, impaired capacity to appreciate wrongfulness, and minor participation in the offense. Lack of prior criminal history is not listed as a mitigating factor under ARS § 13-701; prior convictions affect sentencing ranges under ARS § 13-702 and § 13-703. Under ARS § 13-702, at least two mitigating factors must be found to impose the mitigated term; the court may otherwise reduce the presumptive sentence toward the minimum based on mitigating circumstances without a specific numeric threshold. Under ARS § 13-701(C), one or more aggravating circumstances are required to impose the minimum or maximum term.
4. How does a prior felony conviction affect sentencing in Arizona?
A prior felony conviction can move your case out of the first-offense sentencing range entirely. ARS § 13-703 governs sentencing for repetitive offenders and provides for significantly longer prison terms based on the number, nature, and timing of prior convictions.
5. Does Arizona have mandatory minimum sentences for felonies?
Arizona imposes mandatory sentencing in certain categories. ARS § 13-705 establishes mandatory sentences for dangerous crimes against children, and ARS § 13-704 applies enhanced terms for dangerous offenses. Outside these categories, the court generally has discretion within the ranges set by ARS § 13-702.
Protect Your Future With the Right Defense Strategy
Facing a felony charge in Arizona is serious regardless of classification. Each class carries its own sentencing range, and enhancements for prior convictions, dangerous offenses, or crimes against children can escalate penalties dramatically. Understanding the structure of AZ criminal law is essential, but it is no substitute for individualized legal counsel tailored to your case.
If you are under investigation or have been charged with a felony in Arizona, Suzuki Law is ready to fight for your rights. Contact our team at 602-682-5270 or contact us now to schedule a confidential consultation and take the first step toward protecting your future.
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