Being arrested can feel overwhelming, no matter what type of charges you’re facing. However, it’s important to know that there is a difference in the possible penalties of felony vs. misdemeanor in Arizona. No matter which category of criminal charges you’re facing, a felony or misdemeanor lawyer can help you defend yourself in court and pursue a positive result in your case.
Key Differences Between Misdemeanors and Felonies
The most important distinction between misdemeanors and felonies is that the latter category of crimes contains more serious offenses. As a result, felony charges typically carry more severe sentences. You are likely to face prison time and significant fines if convicted of a felony. If convicted of a misdemeanor, you might do time in a local jail and could still face fines and additional sanctions.
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Penalties for Misdemeanors in Arizona
Misdemeanors are sentenced according to the guidelines set forth in A.R.S. 13-707. Class 1 misdemeanors are the most serious type, and Class 3 misdemeanors are the least significant. Class 3 misdemeanors are punishable by up to 30 days in jail. The sentence for Class 2 misdemeanors is up to four months. For Class 1 misdemeanors, you could face up to six months in jail.
Penalties for Felonies in Arizona
Like misdemeanors, felonies are divided into different classes. Class 1 felonies are the most serious. This class consists exclusively of first and second-degree murder, which are punishable by 25 years to life or the death penalty.
Class 2 through 6 felonies are punished according to these guidelines:
- Class 2: You face four to ten years in prison for a Class 2 felony. Mitigating factors can decrease this incarceration time to three years, while aggravating factors might increase it to 12.5 years.
- Class 3: You face 2.5 to seven years in prison. Mitigating factors can decrease this incarceration time to two years, while aggravating factors might increase it to 8.75 years.
- Class 4: You face 1.5 to three years in prison. Mitigating factors can decrease this incarceration time to one year, while aggravating factors might increase it to 3.75 years.
- Class 5: You face .75 to two years in prison. Mitigating factors can decrease this incarceration time to .5 years, while aggravating factors might increase it to 2.5 years.
- Class 6: You face 0.5 to 1.5 years in prison. Mitigating factors can decrease this incarceration time to .33 years, while aggravating factors might increase it to two years.
These penalties apply only to first-time felony offenses. If you face subsequent felony charges, you can be sentenced according to A.R.S. 13-703. The guidelines set forth in this statute mandate more significant prison terms.
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Defending Against Felonies and Misdemeanors
Coming up with an effective defense strategy against the charges you’re facing requires an awareness of whether you’re being tried for a felony or a misdemeanor. However, what’s more important is the specific criminal charge you’re facing and the circumstances surrounding the crime. Common options include:
- Actual innocence
- Mistaken identification
- Constitutional violations
- Insufficient evidence
- Self-defense
- Entrapment
- Mistake of fact
- Necessity
Your defense lawyer can consider all aspects of your felony or misdemeanor case in coming up with a defense strategy.
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Felonies vs. Misdemeanors by the Numbers
There’s no just a difference between felony vs. misdemeanor laws and sentencing. The number of people charged with misdemeanors is also different. In 2025, there were 156,009 people arrested in Arizona. In 2023, 35% of all the people incarcerated in the United States were in jail for misdemeanors. However, this statistic fails to capture the scale of the misdemeanor arrests made in Arizona and across the country. Many people facing misdemeanors do not serve jail time.
FAQs About Felonies vs. Misdemeanors in Arizona
Is a Misdemeanor Ever a Felony in Arizona?
A misdemeanor is never a felony in Arizona. These two types of charges are categorically different. Felony charges are reserved for more serious crimes, so they tend to have more significant punishments than misdemeanors. There are, however, some crimes known as “wobblers” that can be charged as either misdemeanors or Class 6 felonies depending on the circumstances of the crime. They can include theft, drug possession, assault, and DUI.
Which Is Worse, a Class 1, 2, or 3 Felony?
A Class 1 felony is worse than a Class 2 or Class 3 felony in Arizona. Class 1 felonies cover only first and second-degree murder, which have penalties ranging from 25 years to life in prison or the death penalty. Class 2 felonies are very serious crimes often involving sexual assault, kidnapping, or manslaughter. Class 3 felonies are less serious, and the sentencing is less severe.
Is My Life Ruined if I Get a Misdemeanor?
Your life is not ruined if you get a misdemeanor, but it can stay on your criminal record forever unless you get it expunged. You do not lose access to your right to bear arms, as you would with a felony, but you could still face issues with employment and housing. Misdemeanors show up on background checks, so potential employers, lenders, and landlords can see your conviction.
What Are the Most Common Felonies?
The most common felonies in the Grand Canyon State are: first and second-degree murder, both tried as Class 1 felonies; sexual assault and child molestation, both tried as Class 2 or 3 felonies; aggravated assault, charged as a Class 3 or 4 felony; and armed robbery and first-degree burglary, charged as Class 2 or 3 felonies. Aggravated DUIs, theft of over $25,000, and drug trafficking or possession are also common felony charges.
Hire a Felony Lawyer for Your Defense
If you’re facing felony charges in Arizona, you need to hire a felony lawyer. Even if you’re facing misdemeanor charges, you should still seek legal representation, as there can be serious consequences for a conviction.
No matter what crime you’re being accused of having committed, the team here at Grand Canyon Law Group is here to help. We defend clients against everything from theft to sex crimes. We understand the differences between felony and misdemeanor laws and can use that knowledge to your advantage. Contact us to schedule an initial consultation.
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