Felony Defense

A felony in Arizona is a serious crime that brings potential life-changing penalties that could include at least one year of prison, significant fines, probation and other major consequences. Classification of felonies in Arizona include Class 1, 2, 3, 4, 5, or 6.

Felony Classifications

Class 1 Felonies

Class 1 felonies are the most serious crimes and carry the most serious sentences. In the state of Arizona the only class 1 felonies are first and second degree murder. First degree murder is punishable by death or life in prison. Second degree murder is punishable by 16 year’s to life in prison.

  • First Degree Murder: A willful and premeditated killing, meaning that it was committed after planning or “lying in wait” for the victim

    • Penalties: Life imprisonment or death sentence

  • Second Degree Murder: A murder that is intentional but not premeditated, nor committed in a “heat of passion” or a death that results from the offender’s indifference to human life

    • Penalties: 16 Years to life in prison

Class 2 Felonies

Class 2 felonies may be labeled as dangerous or non-dangerous and carry a presumptive term of five years in prison and 12.5 years for an aggravated term (Ariz. Rev. Stat. § 13-701). Sentencing may be affected by other circumstances such as if it is a first time offense or not.

Examples of Class 2 felonies in Arizona:

  • Manslaughter

  • Human Trafficking

  • Aggravated Assault

  • Producing/Creating Child Porn

  • Arson

  • Kidnapping

  • Armed Robbery

  • Fraudulent Schemes

  • Possession of Drugs with Intent to Sell

  • And More

First Degree Felony

First Degree Felony

Class 3 Felonies

Class 3 felonies carry a presumptive term of three years and six months in prison and eight years and nine months for an aggravated term and can be classified into dangerous or non-dangerous. If you are found guilty of a dangerous Class 3 felony, you will not be eligible for probation.

Examples of Class 3 felonies in Arizona:

  • Possession of more than two, but less than four pounds of marijuana

  • Certain forms of theft

  • Certain forms of aggravated assault

  • Certain forms of stalking

  • Telecommunications fraud

  • And More

Class 4 felonies

Class 4 felonies carry a presumptive term of two years and six months in prison and three years and nine months for an aggravated term and can also be classified into dangerous or non-dangerous. If you are found guilty of a dangerous Class 4 felony, you will not be eligible for probation.

Examples of Class 4 felonies in Arizona:

  • Possession of heroin

  • Aggravated DUI

  • Misconduct with a deadly weapon

  • Forgery

  • And More

Class 5 felonies

Crimes are classified as a class 5 felony when a class is failed to be indicated by a lawmaker. Class 5 felonies carry a presumptive term of two years and two years and six months for an aggravated term and can be considered dangerous or non-dangerous. If you are found guilty of a dangerous Class 5 felony, you will not be eligible for probation.

Examples of Class 5 felonies in Arizona:

  • Credit Card Theft

  • Aggravated Assault on a Police Officer

  • Unlawful Flight From Law Enforcement

  • Public Sexual Indecency in Front of a Minor

  • And More

Class 6 felonies

Under Arizona law, class 6 felonies are considered the least serious felonies. Class 6 felonies carry a presumptive term of one year in prison and two years for an aggravated term and can be considered dangerous or non-dangerous. If you are found guilty of a dangerous Class 5 felony, you will not be eligible for probation.

Examples of Class 6 felonies in Arizona:

  • Aggravated DUI

  • Theft

  • Resisting Arrest

  • Possession of Marijuana

  • And More

If you are facing felony charges, the first thing you need to do is contact a Phoenix criminal defense attorney who will protect your rights through every aspect of your case, including arraignment, hearings and trial.

Blog Articles | Felony Offenses

Felony Offenses

Felony Offenses

Our expert criminal defense team at Tyler Allen Law Firm has over 30 years combined experience defending clients charged with felonies. We have compiled that vast array of knowledge into several informative blog articles to answer many frequently asked questions from those charged with these crimes.

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