Arizona Misdemeanor vs. Felony Charges

In Arizona, both felony and misdemeanor charges are criminal offenses. Misdemeanor offenses are crimes the state has designated as less serious but still deserving of punishment, including potential incarceration.

Felony offenses are crimes the state considers more serious and could result in time in prison ranging from a year or more to decades.

Felony charges are grouped by class, from class 1 to class 6, to differentiate them according to their severity and potential sentence. Felony classes and their associated penalties will be discussed further below.

Both misdemeanor and felony crimes can result in incarceration. However, misdemeanor charges might result in probation-only sentences or a maximum jail sentence ranging from 30 days up to 180 days.

Similar to felony offenses, misdemeanors are grouped by class from 1 to 3, with class 1 misdemeanors being the most serious and class 3 the least.

Misdemeanor crimes in Arizona are considered less serious but can still result in jail and other collateral consequences.

Some of the more common misdemeanor offenses charged in Arizona include:

• DUI – Driving while under the influence of alcohol or drugs
• Misdemeanor theft – Stealing items or money less than $1,000
• Assault – Contacting someone without consent, causing bodily injury, or placing them in fear of imminent physical harm or injury
• Criminal damage – Causing property damage of less than $1,000
• Driving with a suspended license
• Shoplifting – Taking items from a retail establishment
• Leaving the scene of an accident – Leaving after an accident without exchanging information with the other driver, waiting for law enforcement, or failing to leave information behind when the owner can’t be located

 Contact the Guardian Law Group if you’ve been charged with a misdemeanor in Arizona.

The following types of offenses can be charged as felonies in Arizona:

• Felony theft – Theft of items or money worth $1,000 or more and can range from class 6 to class 2 felony charges, depending on the value.
• Drug possession – Possessing controlled or illegal drugs without a valid prescription and can range from a first-degree misdemeanor to a Class 3 felony.
• Drug trafficking – Illegal transportation, distribution, or sale of illegal drugs and can range from a class 6 to a class 2 felony.
• Aggravated assault – An assault that results in serious injury to another person or that involves a dangerous weapon and can be charged as a non-dangerous or dangerous class 3 or class 4 felony; or if it was against a police or corrections officer but did not cause serious injury, it can be charged as a class 6 felony.
• Burglary – Entering a commercial building or residence with the intent to commit a crime, which can range in class and severity level from class 4 to class 2.
• Felony DUI – A DUI under one of several circumstances, including repeated DUIs within 84 months, a DUI with a minor under age 15 in the vehicle, a DUI while having a suspended license, a DUI with an ignition interlock device, or a DUI while driving the wrong way on a highway; Can be charged as a class 6, 5, or 4 felony.
• Sex offenses – Committing any of a variety of criminal sexual offenses deemed more severe than misdemeanors and can range from class 5 to class 2 offenses, with aggravated sentencing available when the victim is a minor or other vulnerable person.
• Homicides – Crimes resulting in the death of someone else and can include negligent homicide, manslaughter, second-degree murder, or first-degree murder and range from a class 4 felony for negligent homicide to a class 1 felony with a potential death sentence for first-degree murder

 Immediately contact the Guardian Law Group if you or a loved one is charged with a felony in Arizona.

Felony charges are arranged in classes from one to six based on severity and potential penalties.

Class 6 felonies are the least serious felony crimes, and class 1 felonies are the most serious.

Felony crimes can also be designated as dangerous or non-dangerous felonies or Dangerous Crimes Against Children (DACA). Those designated as dangerous or dangerous crimes against children carry much more serious penalties.

To understand the various felony classes and potential penalties for first offenders, refer to the table below:

Repeat offenders can face longer sentences at each classification level. Those charged with dangerous felonies or dangerous crimes against children can also face substantially longer sentences.

Finally, people convicted of felony sex offenses will also have to comply with Arizona’s sex offender registry requirements or risk additional charges.

Prosecutors typically charge criminal defendants with as many criminal offenses as possible.

A prosecutor might charge you with multiple offenses under different statutes for the same incident to stack up the potential penalties.

Prosecutors typically do this to try to get criminal defendants to enter guilty pleas to the top charge because of the potentially lengthy sentences they might face if convicted of all of their charges. They also might engage in charge stacking to try to secure a conviction for something when the evidence for the top offense isn’t strong.

The good news is that a skilled criminal defense attorney from Guardian Law Group can negotiate with the prosecutor to dismiss multiple charges and enter a plea to a lesser offense with a lower sentence or fight the charges when a strong defense is available.

Below are some of the most common questions we get asked by clients facing misdemeanor charges or felony charges, and are unsure what to do next.

Q: Can a felony be reduced to a misdemeanor?

Yes, in some cases, a defense attorney at the Guardian Law Group can secure a reduced charge to a misdemeanor from a felony through skillful negotiation. The availability of a reduction to a misdemeanor depends on the facts and circumstances of your case, so you should consult our attorneys.

Q: Will a misdemeanor show up on my record?

When you are convicted of a misdemeanor, it will appear on your criminal record. Employers, landlords, and others who perform background checks will see misdemeanor convictions on your record.

Q: Can I get my record expunged?

Outside of marijuana-related convictions, Arizona doesn’t have an expungement law like some other states. Still, it does have a new record-sealing law under Arizona Revised Statute 13-911 that was effective on Jan. 1, 2023. Under this law, you can petition the court to have your record for an offense sealed after the requisite time has passed.

Sealing your record prevents it from showing up on a background check, but the court can still use the conviction as a prior offense if you are charged and convicted of a crime in the future.

The waiting periods to be eligible for a sealed record include: 

• Class 2 or 3 misdemeanor – Two-year waiting period
• Class 1 misdemeanor – Three-year waiting period
• Class 4, 5, or 6 felony – Five-year waiting period
• Class 2 or 3 felony – 10-year waiting period

The waiting period starts once you have completed all of your sentence’s terms and conditions, including paying any restitution.

Certain crimes are not eligible for record-sealing. Talk to an Arizona defense attorney at the Guardian Law Group to find out if you might be eligible to seal your record.

Q: I’m innocent. Do I need an attorney?

Any time you are charged with a crime, you should retain a lawyer to fight on your behalf. An experienced defense attorney understands the case and statutory laws, can analyze the evidence, and secure the most favorable outcome for you.

Even if you feel completely innocent, you should still need an attorney. Unfortunately, innocent people are convicted of crimes yearly, and you shouldn’t risk your future by not seeking help.

Q: I’m worried about finances. Can I represent myself?

Hiring a criminal defense lawyer is not required. However, if you try to represent yourself and are not familiar with Arizona state laws or defense tactics, you risk a much stronger chance of being convicted and could face the maximum sentence possible.