Arizona Felony Sentencing Laws: A Complete Guide for Defendants
Being charged with a felony in Arizona is a life-changing event. Felony convictions can lead to prison time, thousands of dollars in fines, and permanent consequences that affect your career, housing, and rights.
Arizona has some of the strictest sentencing laws in the country, with mandatory minimums for certain crimes and enhanced penalties for repeat offenders. Understanding how felony sentencing works in Arizona—and having an experienced criminal defense attorney on your side—can make a major difference in your future.
At Millar Law, PLLC, we defend clients in Phoenix, Chandler, Gilbert, Mesa, and across Maricopa County and Arizona against all levels of felony charges. Below, we break down the felony sentencing laws you need to know.
Felony Classes in Arizona
Arizona divides felonies into six classes (Class 1–6), with Class 1 felonies being the most serious.
Class 1 Felony: The most severe—reserved almost exclusively for first- and second-degree murder offenses.
Class 2 Felony: Very serious crimes, such as armed robbery, sexual assault, kidnapping, or certain drug trafficking offenses.
Class 3 Felony: Aggravated assault, burglary in the second degree, and some firearm-related offenses.
Class 4 Felony: Theft between $3,000–$4,000, forgery, aggravated DUI, drug offenses.
Class 5 Felony: Smaller-scale fraud, certain aggravated domestic violence charges, animal cruelty.
Class 6 Felony: The least severe felony classification, covering theft under $3,000, drug paraphernalia, or resisting arrest.
Arizona Felony Sentencing Ranges
Under Arizona Revised Statutes (ARS § 13-701 and § 13-702), each felony has a sentencing range depending on:
Mitigated sentence (least severe, based on reduced culpability or mitigating factors).
Minimum sentence.
Presumptive sentence (the “standard” sentence judges start with).
Maximum sentence.
Aggravated sentence (most severe, based on aggravating circumstances).
Sentencing Ranges by Felony Class (for First-Time Offenders)
Class 2 Felony: 3 years (minimum) → 12.5 years (aggravated)
Presumptive term: 5 years
Class 3 Felony: 2 years (minimum) → 8.75 years (aggravated)
Presumptive term: 3.5 years
Class 4 Felony: 1 year (minimum) → 3.75 years (aggravated)
Presumptive term: 2.5 years
Class 5 Felony: 0.5 years (minimum) → 2.5 years (aggravated)
Presumptive term: 1.5 years
Class 6 Felony: 0.33 years (minimum) → 2 years (aggravated)
Presumptive term: 1 year
Class 1 Felony (Murder):
First-degree murder → life in prison or death penalty.
Second-degree murder → 10 years (minimum) to 25 years (maximum).
Presumptive term: 16 years
Dangerous vs. Non-Dangerous Felonies
Arizona law distinguishes between “dangerous” offenses (involving deadly weapons, dangerous instruments, or intentional serious physical injury) and non-dangerous offenses.
Dangerous Felonies: Carry mandatory prison time—probation is NOT an option.
Non-Dangerous Felonies: May allow probation, suspended sentences, or reduced penalties depending on the circumstances.
Repetitive Offenders & Prior Convictions
Felony sentences increase significantly for repeat offenders. Arizona law classifies prior convictions into categories that enhance sentencing:
Category Two Offender: One historical prior felony conviction.
Category Three Offender: Two or more historical prior felony convictions.
For repeat offenders, sentencing ranges increase sharply. For example, a Class 4 felony with one prior conviction may result in a presumptive sentence of 4.5 years instead of 2.5 years for a first offense.
Aggravating & Mitigating Factors in Sentencing
Judges in Arizona consider aggravating and mitigating factors when determining whether to sentence above or below the presumptive range.
Common Aggravating Factors:
Use of a deadly weapon.
Causing serious physical injury.
Especially vulnerable victims (children, elderly).
Prior felony or violent crime history.
Common Mitigating Factors:
No prior criminal history.
Playing a minor role in the offense.
Cooperation with law enforcement.
Evidence of rehabilitation, counseling, or treatment.
Probation vs. Prison
Not all felonies result in prison time. For certain non-dangerous first-time offenses, judges may impose probation instead of incarceration. Conditions often include:
Community service.
Drug or alcohol counseling.
Fines and restitution.
Regular probation officer check-ins.
At Millar Law, we aggressively pursue probation or diversion in appropriate cases to keep our clients out of prison and protect their future.
Collateral Consequences of a Felony Conviction
Beyond prison and fines, felony convictions in Arizona can result in:
Loss of gun rights.
Loss of voting rights (restoration possible).
Difficulties finding employment or housing.
Immigration consequences for non-citizens.
Driver’s license suspension (for DUIs and certain felonies).
How Millar Law Can Help in Felony Cases
At Millar Law, PLLC, our attorneys understand the stakes in felony cases. With experience as a former prosecutor, we know how the State builds cases—and how to fight back.
We handle felony cases across Maricopa County, including:
DUI Defense (Aggravated DUI)
Domestic Violence (felony-level charges, repeat offenses)
Drug Possession & Trafficking
Theft, Burglary & White-Collar Crimes
Our strategy includes:
Challenging unconstitutional searches and seizures.
Suppressing unlawfully obtained evidence.
Negotiating for diversion, probation, reduced charges, or dismissal.
Preparing for trial to protect your rights.
📞 Call Millar Law today at 602-900-0545 for a free case evaluation.
Arizona Felony Sentencing FAQ
What is the difference between a Class 6 felony and a misdemeanor in Arizona?
Class 6 felonies are the lowest-level felonies, sometimes eligible to be designated or reduced to misdemeanors if the judge finds it appropriate.
Can you get probation for a felony in Arizona?
Yes, for certain non-dangerous, first-time felony offenses, probation is possible. However, dangerous felonies require mandatory prison.
How long do felonies stay on your record in Arizona?
Felonies remain on your record permanently, but you may apply for a set aside after completing your sentence.
What is an aggravated sentence?
An aggravated sentence is the harshest punishment within the felony class, imposed when aggravating factors are present.
What happens if I have prior felonies?
Prior felony convictions significantly increase sentencing ranges, sometimes doubling or tripling potential prison terms.
