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Arizona Criminal Law
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ARIZONA CRIMINAL LAW & SENTENCING OVERVIEW

This overview provides you with a general idea of the way criminal sentencing and criminal offenses are set up in Arizona. This overview provides you with very basic and general concepts in Arizona criminal law. Please keep in mind that each case is different and some sentencing schemes may apply to specific cases that are not covered in this broad outline.

General Offense Designation- In Arizona offenses are generally classified into four categories.

Offense Type	Possible Jail/Prison	Fine	Example
Felony	Jail or Prison	Yes	Burglary, Theft, Aggravated DUI, Drug Possession
Misdemeanor	Jail	Yes	Driving Under the Influence, Assault, Driving on a Suspended License
Civil	None	Yes	Running a red light/stop sign, Speeding
Petty	None	Yes	Underage smoking, City ordinance violation

Misdemeanors- Misdemeanors are broken down into three classes.

	Maximum Jail Term	Maximum Probation Term	Maximum Fine
Class 1 Misdemeanor	6 months	3 years	$2,500
Class 2 Misdemeanor	5 months	2 years	$750
Class 3 Misdemeanor	30 days	1 year	$500

Some misdemeanor offenses, such as driving under the influence, allow the court to place a person on probation for up to five years even though it is a misdemeanor.

Felony Offenses

Felony offenses are divided into six classes. For a first time felony offense if the offense is a class 2 through 6 felony the person is eligible for placement on probation. If a person stands convicted of a class 1 felony prison is mandatory regardless of whether it is the first felony conviction.

	Prison Range for First Offense	Maximum Probation Term	Maximum Fine
Class 2 Felony	3 years – 12.5 years	7 years	$150,000
Class 3 Felony	2 years – 8.75 years	5 years	$150,000
Class 4 Felony	1 year – 3.75 years	4 years	$150,000
Class 5 Felony	6 months – 2.5 years	3 years	$150,000
Class 6 Felony	4 months – 2 years	3 years	$150,000

The Class 6 Non-Dangerous Felony

A class 6 felony has some unique features. A class 6 felony may be designated a felony, remain undesignated, or be designated a misdemeanor. If a class 6 felony is designated or undesignated it acts as a felony. When the class 6 felony is undesignated it allows a person to earn a misdemeanor conviction. Typically, if you successfully complete the terms of probation a class 6 undesignated felony will be designated a misdemeanor. The designation does not happen automatically though and must be requested when probation is over.

Prison Ranges & Prior Felony Convictions

Within each prison range described above there are five different terms: (1) presumptive term; (2) aggravated term; (3) super aggravated term; (4) minimum term; and (5) super mitigated term. In addition, a person is no longer eligible for probation supervision if there is a prior felony conviction that would be a felony offense here in Arizona. For more information and the sentencing ranges please take a look at the Arizona Sentencing Guidelines at www.supreme.state.az.us/aoc/crimcode.htm .

Sentence Enhancements- Different factors can alter the general sentencing structure described above. Here are some examples:

Factor	Impact on Your Prison Sentence
On Felony Probation at Time of Offense	No less than presumptive term
On Release, Probation, or Community Supervision at Time of Offense	Two additional years of prison consecutive to sentenced term
Aggravating Circumstance	Allows a sentence above the presumptive term
Mitigating Circumstance	Allows a sentence below the presumptive term
Dangerous Allegation	Mandatory Prison
Domestic Violence Offense	Additional Probation Terms
Violating Probation While on Intensive Probation	Mandatory Prison
Dangerous Crimes Against Children	Enhanced Prison Ranges

Probation- If a person is placed on probation in Arizona there are generally four different types of probation supervision.

Probation Level	Possible General Terms	Supervised By	Jail Possibility As Term
Unsupervised	Community Service Hours, Counseling, Fines, and/or Restitution	Adult Probation Officer – Limited Contact	Usually only for a misdemeanor DUI
Supervised	No Drinking Alcohol, Community Service Hours, Counseling, Fines, and/or Restitution	Adult Probation Officer – Frequent Contact	Possible, usually if a petition to revoke is filed
Intensive	No Drinking Alcohol, Community Service Hours, Counseling, Fines, Restitution, Job Training and/or House Arrest	Adult Probation Officer and Surveillance Officer	At least deferred jail as an initial term
Specialty Court (DUI/Drug/DV)	No Drinking Alcohol, Offense Specific Group Meetings, Counseling, and/or Offense Specific Terms	Adult Probation Officer and Significant Court Supervision	Jail is available to the monitoring Court for a program violation

This outline gives you a very general overview of Arizona criminal law and Arizona sentencing. If you are charged with a criminal offense in Arizona you should consult an attorney regarding the specific circumstances of your case.

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"*The information contained in this website is for informational purposes only and should not be construed to be legal advice. If you want legal advice, contact Chuck Franklin personally. Remember, the law is fluid and forever changing. Therefore, contact Chuck Franklin for the latest information on the current state of Criminal law in Arizona."
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