Arizona has six felony classes. Class 1 is the most serious and includes murder, and Class 6 is the least serious. For a first-time, non-dangerous offense, presumptive prison terms range from 1 year to 5 years under A.R.S. § 13-702. Prior felonies and dangerous allegations can double or triple that exposure. Many first-time felonies are also eligible for probation.
Key Takeaways
- The class is only the starting point. Prior convictions, dangerous-offense allegations, and offense-specific statutes can change your sentencing range dramatically.
- A prior felony changes everything. One historical prior generally makes prison mandatory and roughly doubles the range.
- “Dangerous” means mandatory prison. A dangerous allegation removes probation eligibility, even for a first offense.
- A Class 6 may never become a felony. Many qualify for misdemeanor or undesignated treatment.
- First-time drug possession is often probation-only. Arizona law generally mandates probation for first and second simple possession offenses, with exceptions such as meth.
- Charged is not convicted. Felony charges can be negotiable.
Charged with a felony or under investigation? The decisions made in the first few weeks, often before the first court date, can shape your sentencing exposure. Our founders were prosecutors. Let their experience work to your advantage. Call 480-573-6441 for a free case evaluation.
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Arizona Felony Classes Sentencing Chart – First Offense
These ranges apply to first-time, non-dangerous felonies under A.R.S. § 13-702 when no offense-specific sentencing statute applies:
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated | Max Probation |
|---|---|---|---|---|---|---|
| Class 2 | 3 yrs | 4 yrs | 5 yrs | 10 yrs | 12.5 yrs | 7 yrs |
| Class 3 | 2 yrs | 2.5 yrs | 3.5 yrs | 7 yrs | 8.75 yrs | 5 yrs |
| Class 4 | 1 yr | 1.5 yrs | 2.5 yrs | 3 yrs | 3.75 yrs | 4 yrs |
| Class 5 | 6 mos | 9 mos | 1.5 yrs | 2 yrs | 2.5 yrs | 3 yrs |
| Class 6 | 4 mos | 6 mos | 1 yr | 1.5 yrs | 2 yrs | 3 yrs |
What this chart doesn’t tell you:
- The presumptive term is where sentencing starts. A judge can go lower if mitigating factors apply. Aggravating factors must be proven to a jury before the judge can go higher.
- You will serve most of your prison term. Arizona’s truth-in-sentencing law applies, with limited exceptions for certain drug offenses.
- Fines can reach $150,000 per count, plus surcharges and restitution.
- Class 1 offenses aren’t on this chart. They follow separate sentencing rules as noted below.
Class 1 Felony in Arizona
Class 1 is for murder:
- First-degree murder: Death, natural life, or life with possible release after 25 years. If the victim was under 15, the possibility of release is after 35 years. (A.R.S. § 13-1105, § 13-751)
- Second-degree murder: 10 to 25 years, with a 16-year presumptive term. (A.R.S. § 13-710)
Murder cases involve some of the most complex sentencing law in Arizona. Early representation is critical.
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Class 2 Felony in Arizona
First-offense range: 4 to 10 years, with a 5-year presumptive term.
Common examples: Armed robbery, kidnapping, first-degree residential burglary, transportation of drugs for sale, theft of $25,000 or more.
Many Class 2 charges are alleged as dangerous or fall under special drug statutes, which can push exposure well beyond this range.
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Class 3 Felony in Arizona
First-offense range: 2.5 to 7 years, with a 3.5-year presumptive term.
Common examples: Aggravated assault causing serious injury or involving a weapon, second-degree burglary, theft of a vehicle, theft of $4,000 to $25,000.
Aggravated assault charges in this class are frequently alleged as dangerous. That allegation is often the most important fight in the case.
Class 4 Felony in Arizona
First-offense range: 1.5 to 3 years, with a 2.5-year presumptive term.
Common examples: Aggravated DUI, possession of narcotic or dangerous drugs, robbery, theft of $3,000 to $4,000.
Class 4 is one of the most commonly charged felony classes in Maricopa and Pima Counties. Many first-time Class 4 cases are eligible for probation.
Class 5 Felony in Arizona
First-offense range: 9 months to 2 years, with an 18-month presumptive term.
Common examples: Unlawful flight from law enforcement, theft of $2,000 to $3,000.
Class 6 Felony in Arizona
First-offense range: 6 months to 1.5 years, with a 1-year presumptive term.
Common examples: Resisting arrest, possession of drug paraphernalia, unlawful imprisonment, theft of $1,000 to $2,000.
Class 6 is the lowest felony class, and it’s the one with the most room to avoid a permanent felony record.
Can a Class 6 Felony Be Reduced to a Misdemeanor in Arizona?
Often, yes. Under A.R.S. § 13-604, if a Class 6 offense is not dangerous, the judge can:
- Enter it as a Class 1 misdemeanor from the start, or
- Leave it undesignated while you complete probation. If you succeed, it can become a misdemeanor.
An undesignated Class 6 felony can be the difference between a lifelong felony record and a misdemeanor.
If you’re facing a Class 6 charge, discuss designation with a criminal defense attorney before accepting any plea. Call Grand Canyon Law Group today at 480-573-6441.
How Prior Felony Convictions Increase Arizona Sentences
Arizona’s repetitive-offender law, A.R.S. § 13-703, is where sentencing exposure escalates fastest. As such, a qualifying historical prior felony conviction, probation is generally off the table and prison becomes mandatory.
Category Two: One Historical Prior
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 4.5 yrs | 6 yrs | 9.25 yrs | 18.5 yrs | 23.25 yrs |
| Class 3 | 3.25 yrs | 4.5 yrs | 6.5 yrs | 13 yrs | 16.25 yrs |
| Class 4 | 2.25 yrs | 3 yrs | 4.5 yrs | 6 yrs | 7.5 yrs |
| Class 5 | 1 yr | 1.5 yrs | 2.25 yrs | 3 yrs | 3.75 yrs |
| Class 6 | 9 mos | 1 yr | 1.75 yrs | 2.25 yrs | 2.75 yrs |
Category Three: Two or More Historical Priors
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 10.5 yrs | 14 yrs | 15.75 yrs | 28 yrs | 35 yrs |
| Class 3 | 7.5 yrs | 10 yrs | 11.25 yrs | 20 yrs | 25 yrs |
| Class 4 | 6 yrs | 8 yrs | 10 yrs | 12 yrs | 15 yrs |
| Class 5 | 3 yrs | 4 yrs | 5 yrs | 6 yrs | 7.5 yrs |
| Class 6 | 2.25 yrs | 3 yrs | 3.75 yrs | 4.5 yrs | 5.75 yrs |
Keep in mind that not every old conviction counts as a historical prior. Age of the conviction, offense type, and time spent in custody all matter. Prosecutors must allege priors, and those allegations are often dismissed as part of a plea. Challenging whether a prior qualifies is one of the most valuable things a defense attorney can do.
What Is a Dangerous Offense in Arizona?
An offense is “dangerous” when it involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. A dangerous conviction means mandatory prison, even for a first offense under A.R.S. § 13-704.
| Dangerous Offense (First) |
Minimum | Presumptive | Maximum |
|---|---|---|---|
| Class 2 | 7 yrs | 10.5 yrs | 21 yrs |
| Class 3 | 5 yrs | 7.5 yrs | 15 yrs |
| Class 4 | 4 yrs | 6 yrs | 8 yrs |
| Class 5 | 2 yrs | 3 yrs | 4 yrs |
| Class 6 | 1.5 yrs | 2.25 yrs | 3 yrs |
Prior dangerous convictions can push these ranges even higher. Because the dangerous allegation alone can be the difference between probation and years in prison, it’s often the first thing to attack. Was it really a dangerous instrument? Was the injury really serious?
First-Time Drug Possession: Probation, Not Prison
Under A.R.S. § 13-901.01, people convicted of a first or second personal-possession drug offense are generally eligible only for probation, not prison. Exceptions include methamphetamine offenses, possession for sale, and people with prior violent convictions.
Aggravating and Mitigating Factors
Within a range, the sentence moves based on factors listed in A.R.S. § 13-701:
- Aggravating (can increase the sentence): use of a weapon, serious injury, financial gain, harm to the victim, an accomplice, or a vulnerable victim.
- Mitigating (can decrease the sentence): youth, duress, minor role in the offense, impaired capacity, and other circumstances the court finds relevant.
Mitigation isn’t automatic. It has to be investigated, documented, and presented, which is where a defense team’s preparation shows up at sentencing.
How Arizona Felony Charges Get Reduced or Dismissed
A felony charge is an accusation, not a sentence. Depending on the evidence and the defense, a case can end in:
- Dismissal, through suppressed evidence, weak identification, or constitutional violations
- A reduction to a lower class or a misdemeanor
- Dropped allegations, such as priors or dangerousness, that take mandatory prison off the table
- Probation, including undesignated Class 6 treatment
- Diversion for qualifying offenses
- Acquittal at trial
In short, the defense’s leverage comes from knowing where the State’s case is weak. Former prosecutors know, because they used to make those calls.
What to Do If You’re Charged With (or Investigated for) a Felony in Arizona
- Don’t talk to police without a lawyer. Specifically, you can politely invoke your right to remain silent, even if you want to “clear things up.”
- Don’t post about the case or message anyone involved.
- Hire counsel before your first court date. Release conditions are set at the initial appearance.
- If you’re under investigation, act now. For example, a lawyer involved before charges are filed can sometimes influence whether charges are filed, and at what class.
- Gather your paperwork. Bring release papers, charging documents, and any prior case records to your consultation.
Consequences Beyond the Sentence
A felony conviction can affect gun rights, voting rights, professional licenses, employment, housing, and immigration status. Some consequences can later go through post-conviction relief, but the best time to protect your record is before a conviction.
Frequently Asked Questions
What are the felony classes in Arizona?
Arizona has six felony classes, from Class 1 (the most serious, including murder) to Class 6 (the least serious).
What is the lowest felony in Arizona?
Class 6. It can carry up to 2 years for a first offense, but many Class 6 offenses can become misdemeanors.
How much time do you get for a Class 4 felony in Arizona?
For a first-time, non-dangerous offense, 1.5 to 3 years with a 2.5-year presumptive term, and probation is often available. With two historical priors, the presumptive term is 10 years.
How much time do you get for a Class 6 felony in Arizona?
For a first offense, 6 months to 1.5 years (4 months to 2 years with mitigation or aggravation), with a 1-year presumptive term. Probation and misdemeanor designation are often possible.
Is probation possible for a felony in Arizona?
Often, yes, for first-time, non-dangerous offenses. Dangerous offenses, most repeat-offender cases, and some specific crimes require prison.
What is an undesignated felony in Arizona?
This is a Class 6 offense that the judge leaves undesignated during probation. Then, if you complete probation successfully, it can become a misdemeanor.
Do prior convictions increase felony sentences in Arizona?
Yes, substantially. In fact, one historical prior roughly doubles most ranges and generally requires prison.
How much of a prison sentence do you serve in Arizona?
Generally at least 85%. That is because Arizona’s truth-in-sentencing law limits early release.
Can a felony charge be reduced in Arizona?
Yes. In practice, charges are frequently reduced, allegations dropped, or cases dismissed, depending on the evidence and the defense.
Your Felony Class Is Not the Whole Story
In short, the felony class on your paperwork is only the starting point. Prior convictions, dangerous allegations, and the prosecutor’s charging choices determine your real exposure. However, all of them can be challenged.
Grand Canyon Law Group’s founders are former Arizona prosecutors who now defend people facing felony charges in Phoenix, Mesa, Tucson, and across Arizona. Plus, we offer flat-fee pricing, so you know the cost upfront with no hourly surprises. To get started, schedule your free felony case evaluation; call 480-573-6441.
Legal Disclaimer: This article is for general information only and is not legal advice. Arizona sentencing laws change, and offense-specific statutes and exceptions may apply. Sentencing ranges shown are general statutory ranges and do not predict the outcome of any individual case. Consult a qualified Arizona criminal defense attorney about your specific charges.
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