A felony arrest in Phoenix can change your life instantly. Whether law enforcement served a warrant, stopped you during a traffic encounter, or took you into custody following an investigation, the moments after arrest set the stage for everything that follows. Understanding the Arizona felony process is critical because early decisions, from what you say to officers to when you retain counsel, directly affect your sentencing exposure. Arizona imposes determinate sentences for felony convictions without parole. If you or someone you care about has been arrested for a felony in Phoenix, knowing what lies ahead is the first step toward building a strong defense.
Suzuki Law has a proven track record defending individuals facing serious felony charges in Arizona. Call 602-682-5270 today or reach out online to speak with a criminal defense lawyer in Phoenix who can protect your rights from day one.
The Initial Arrest and Booking Process in Phoenix
When Phoenix police arrest you for a felony, you will be transported to a local facility for booking and processing. During booking, officers record your personal information, photograph you, take fingerprints, and log the alleged charges. You have the right to remain silent, and anything you say can be used against you. Many people feel pressure to explain themselves, but exercising your Fifth Amendment rights is not an admission of guilt.
After booking, a magistrate or judge determines whether probable cause exists for the arrest. Arizona law requires this determination to happen promptly. If probable cause is established, you will either remain in custody pending a bail hearing or be released under specific conditions. For serious felony allegations such as drug trafficking, weapons offenses, or white-collar fraud, the prosecution may argue for higher bail or pretrial detention, making early legal representation essential.
💡 Pro Tip: Do not discuss your case with anyone other than your attorney. Conversations with cellmates, friends, or family members are not protected by attorney-client privilege and can become evidence against you.
How Arizona Classifies Felony Charges
Arizona organizes felonies into six classes, with Class 1 being the most serious and Class 6 the least. Class 1 felonies include first-degree murder and second-degree murder, while Class 6 felonies cover offenses that may sometimes be designated as misdemeanors. Your charge classification directly determines the sentencing range you face if convicted.
Felony Classes and Presumptive Sentences for First-Time Offenders
Under A.R.S. § 13-702(D), Arizona sets specific sentencing ranges for each felony class. The court begins with a presumptive sentence and may adjust it based on circumstances. The table below outlines sentencing ranges for first-time, non-dangerous felony offenders:
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 yrs | 4 yrs | 5 yrs | 10 yrs | 12.5 yrs |
| Class 3 | 2 yrs | 2.5 yrs | 3.5 yrs | 7 yrs | 8.75 yrs |
| Class 4 | 1 yr | 1.5 yrs | 2.5 yrs | 3 yrs | 3.75 yrs |
| Class 5 | 0.5 yr | 0.75 yr | 1.5 yrs | 2 yrs | 2.5 yrs |
| Class 6 | 0.33 yr | 0.5 yr | 1 yr | 1.5 yrs | 2 yrs |
What “Presumptive Sentencing” Means for Your Case
Arizona does not use traditional sentencing guidelines, but A.R.S. § 13-702(A) establishes that the term of imprisonment for a first felony offense shall be the presumptive sentence unless otherwise provided. The court may increase or reduce that presumptive sentence within statutory ranges based on aggravating and mitigating circumstances listed in A.R.S. § 13-701. This framework gives judges structured discretion, making preparation critical at sentencing.
💡 Pro Tip: Even before formal charges are filed, a criminal defense attorney can begin gathering evidence, interviewing witnesses, and identifying constitutional violations that may weaken the prosecution’s case.
Aggravating and Mitigating Factors That Shape Your Sentence
The difference between a mitigated sentence and an aggravated one can amount to years behind bars. Arizona law identifies specific factors that courts weigh when deciding where within the sentencing range a case falls.
Aggravating Circumstances Under A.R.S. § 13-701(D)
Courts may consider several aggravating factors that could push your sentence above the presumptive term. These include:
- Infliction or threatened infliction of serious physical injury
- Use of a deadly weapon or dangerous instrument
- A prior felony conviction
- The presence of an accomplice
- The offense being committed for pecuniary gain
Under A.R.S. § 13-701(C), a minimum or maximum sentence requires at least one aggravating circumstance found beyond a reasonable doubt. Under A.R.S. § 13-702(C), an aggravated sentence requires at least two aggravating circumstances proven beyond a reasonable doubt or admitted by the defendant. A skilled criminal defense lawyer in Phoenix will challenge every aggravating factor the prosecution attempts to prove.
Mitigating Circumstances That May Reduce Exposure
A.R.S. § 13-701(E) lists mitigating circumstances that may justify a sentence below the presumptive term. These include the defendant’s significantly impaired capacity to appreciate wrongfulness of conduct, unusual or substantial duress, and minor participation in the crime. Under A.R.S. § 13-702(B), if a first-time felony offender has at least two mitigating factors listed in A.R.S. § 13-701(E), the court may decrease the minimum term of imprisonment to a mitigated term. A.R.S. § 13-702(C) addresses the evidentiary requirements for imposing aggravated or mitigated terms. Identifying and presenting mitigating evidence is one of the most consequential tasks a defense attorney performs.
💡 Pro Tip: Mitigating evidence is not limited to what happened during the offense. Background factors such as mental health history, family circumstances, and employment record can all be relevant to sentencing.
Why Arizona’s No-Parole System Raises the Stakes
Arizona effectively abolished parole for offenses committed on or after January 1, 1994, which means most felony defendants face determinate sentences without early release through a parole board. Under A.R.S. § 13-701(A), a sentence of imprisonment for a felony shall be a definite term of years, and the person sentenced is committed to the Arizona Department of Corrections. This makes every stage of the criminal process critically important.
Arizona also allows life without parole for certain offenses, including first-degree murder. For individuals facing serious allegations, including federal charges such as RICO, drug conspiracy, or money laundering, the sentencing consequences can be severe. If your case involves federal criminal exposure, working with a Phoenix criminal attorney who understands both state and federal systems is essential.
The Presentence Investigation and Path to Sentencing
Before a convicted individual can be transferred to the Arizona Department of Corrections, the court generally requires a presentence investigation report. Under A.R.S. § 13-701(B), no prisoner may be transferred to the custody of the state department of corrections without a certified copy of the judgment and sentence signed by the sentencing judge, and a copy of a recent presentence investigation report, unless the court has waived preparation of the report. This report compiles your criminal history, personal background, offense details, and often a sentencing recommendation.
The presentence investigation is both a risk and an opportunity. Prosecutors use it to highlight aggravating factors, but your defense attorney can present mitigating evidence, character references, and context that the probation officer might not otherwise consider. How you prepare for this report can meaningfully influence where your sentence lands within the statutory range.
💡 Pro Tip: Cooperate fully with your defense team during the presentence investigation phase. Providing accurate personal history and documentation of mitigating factors gives your attorney the strongest foundation for sentencing arguments.
Repeat Offenders Face Enhanced Penalties Under A.R.S. § 13-703
Arizona’s repeat offender statute, A.R.S. § 13-703, significantly increases sentencing ranges for individuals with prior felony convictions. If the state proves you have one or more historical prior felony convictions, the presumptive sentence, minimum, and maximum terms all rise. For someone navigating a felony arrest, the possibility of enhanced sentencing makes it critical to examine whether prior convictions were validly obtained and whether the state can meet its burden of proof.
Defense strategies for repeat offender allegations may include challenging the validity of prior convictions, negotiating charge reductions, or presenting compelling mitigation. Understanding how experienced defense lawyers approach these situations can help you evaluate your options clearly.
How a Criminal Defense Lawyer in Phoenix Protects Your Rights
From arrest through sentencing, a criminal defense lawyer in Phoenix serves as your advocate at every critical juncture. Defense counsel reviews the legality of the arrest, challenges unlawful searches and seizures, scrutinizes evidence for procedural defects, and holds the prosecution to its constitutional burden. In felony cases, where Arizona’s determinate sentencing structure leaves no room for parole, these efforts can mean the difference between years of incarceration and a more favorable outcome.
Building an effective defense also means anticipating prosecution arguments at sentencing. Whether contesting aggravating factors, presenting mitigating circumstances, or negotiating a plea that reduces your exposure, every decision should be guided by thorough understanding of the law and facts of your case.
💡 Pro Tip: If you are contacted by law enforcement or served with a grand jury subpoena, do not respond before consulting with an attorney. Early intervention by counsel can sometimes prevent charges from being filed at all.
Frequently Asked Questions
1. What are my rights immediately after a felony arrest in Phoenix?
You have the right to remain silent and the right to an attorney. You are not required to answer questions about the alleged offense, and you should request legal counsel before making statements. Arizona law requires a prompt probable cause determination, and you are generally entitled to a bail hearing.
2. Can my felony charge be reduced to a misdemeanor in Arizona?
In certain circumstances, particularly with Class 6 felonies, the court may designate the offense as a misdemeanor. Whether a reduction is possible depends on the charge nature, your criminal history, and specific facts. An attorney can evaluate whether this option applies.
3. How long does the Arizona felony court process typically take?
The timeline varies depending on case complexity, whether federal charges are involved, and court schedule. Simple cases may resolve in months, while complex matters involving multiple defendants or extensive evidence can take a year or longer.
4. What happens if I have a prior felony conviction on my record?
Under A.R.S. § 13-703, Arizona enhances sentences for repeat felony offenders. A prior conviction can increase every tier of the sentencing range. The state must prove the existence and validity of any prior conviction it seeks to use for enhancement.
5. Does Arizona offer parole for felony convictions?
Arizona effectively abolished parole for offenses committed on or after January 1, 1994. Felony sentences are determinate, meaning you serve the imposed term without eligibility for parole board review. Earned release credits may reduce time served in limited circumstances.
Taking Action After a Felony Arrest in Phoenix
A felony arrest in Phoenix triggers a complex legal process with serious, long-term consequences. Arizona’s determinate sentencing structure, the absence of parole, and the potential for enhanced penalties all underscore the importance of mounting an aggressive defense as early as possible. Every stage, from initial booking to the presentence investigation, presents both risks and opportunities that require careful legal strategy.
If you are facing felony charges in Arizona, Suzuki Law is ready to defend your rights and fight for the best possible outcome. Call 602-682-5270 or contact us today to schedule a confidential consultation with a criminal defense lawyer in Phoenix.
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