Arizona Criminal Law Framework In Plain English

All Arizona criminal cases are subject to Arizona law and are governed by a combination of the Arizona Constitution, the U.S. Constitution, Arizona criminal statutes, and the Arizona Rules of Criminal Procedure.

The criminal statutes define which actions are illegal and how to classify an offense, and the Rules of Criminal Procedure and constitutional protections define the processes for moving through the various steps of the criminal justice system.

Where Arizona Criminal Laws Come From

Most Arizona criminal offenses and general definitions are located in Title 13 of the Arizona Revised Statutes. Title 13 is the main source for general definitions such as criminal intent, criminal defenses, general criminal classifications, and general criminal sentencing structures.

However, some of the more common criminal charges are defined in other titles as well, according to the nature of the charge. An example of this is the offense of driving under the influence (DUI) or driving while intoxicated (DWI). These two similar offenses are defined in Title 28 but carry criminal sanctions.

How Arizona Classifies Crimes

Arizona groups criminal offenses into three main buckets:

Felonies (most serious)
Misdemeanors (less serious than felonies)
Petty offenses (fine-only offenses, in general)

Felonies are divided into six classes (Class 1 to Class 6) and misdemeanors are divided into three classes (Class 1 to Class 3). A petty offense is not assigned a classification; however, it is defined as having only a fine allowed as punishment.

Why This Classification Matters

In addition to the seriousness of the offense reflected in its classification (how “bad it sounds”), there are other implications to having a felony classified in one of the six categories or a misdemeanor classified in one of the three categories. Some of those implications include:

1. The court that has jurisdiction over the matter (either justice or municipal court, or superior court).

2. Whether a prison sentence could be imposed for a felony or whether the offender would be sentenced to local jail for a misdemeanor.

3. Whether prior felonies or misdemeanors will be taken into account in determining the sentence for the new alleged offense and whether they can serve as a basis for an increase in sentence for subsequent convictions.

4. The potential for collateral consequences associated with having certain types of felony or misdemeanor convictions, such as eligibility to obtain professional licensure, the right to possess a firearm, and the impact on background checks for employment, housing, and similar matters.

Felony Levels, Sentencing Basics & Repeat Offenses

Arizona felony sentencing is rule-driven and label-driven. The sentence range can change dramatically based on whether the case is treated as:

• A first felony offense;
• A repetitive offender case (prior felonies, ‘historical priors’); and
• A ‘dangerous offense’ case (weapon or serious physical injury allegations)

First-Time Felony Sentencing Basics

The general sentencing guidelines for first time felony offenders in Arizona are found at A.R.S. § 13-702, and they include five ranges of sentencing for each class of felonies:

1. Mitigated
2. Minimum
3. Presumptive
4. Maximum
5. Aggravated

Repeat Offenses & “Category” Sentencing

The sentence falls into one of these five ranges, unless there is a specific statutory sentencing scheme applicable to a particular crime (and in that case no other sentencing range can be applied).

If a defendant has one or more prior felony convictions, Arizona will impose repetitive offender sentences that are grouped into categories (Categories 1, 2, or 3). The sentencing categories and ranges are found at A.R.S. § 13-703.

The repetitive offender sentencing framework in Arizona is similar to the “three strikes” legislation in other states.

While the latter is based solely on the number of felony convictions, the former also considers the dangerousness of the defendant, as well as the classification of the prior convictions as felonies.

Arizona Criminal Offense Categories (How Charges Are Classified)

In the state of Arizona, criminal offenses are typically categorized according to their seriousness into three levels: felonies, misdemeanors, and petty offenses. Because of this system, differences occur in the court assigned to hear your case, the process you must go through (if any), and the potential penalties or dispositions after conviction.

Felonies, Misdemeanors & Petty Offenses in Arizona

For purposes of Arizona law, offenses may be petty offenses, misdemeanors, or felonies.

Felonies

Felonies generally are defined as offenses for which you can receive a penalty of imprisonment in the Arizona Department of Corrections.

Because felonies represent the highest degree of criminal conduct, Arizona also recognizes different felony degrees. A felony may be one of six classes, depending on how severe it is when committed.

Each class reflects the severity level associated with that crime (Class 1 is the most serious, and Class 6 is the least serious). Therefore, this classification system can also affect how cases proceed through the criminal justice system (for example, whether the case is processed with an initial statement of charges and whether there is an indictment).

Misdemeanors

A misdemeanor is described as a crime in which punishment may include imprisonment (but not in the Arizona Department of Corrections).

This definition separates misdemeanors from felonies by specifying the level of custody authorized, and not simply by the severity of the offense (or how “bad” the offense appears).

There are three classes of misdemeanor (Class 1, Class 2, and Class 3) in Arizona that can be used for sentencing purposes.

Similar to classes of felony, the classes of misdemeanor offer a uniform format for comparing the severity of misdemeanor offenses in different statutes.

Petty Offenses

A petty offense is defined as a crime for which the only authorized punishment is a fine, and is therefore considered as “not being classified” under Arizona law.

Many of the same problems can be encountered by missed court appearances or failure to resolve petty offense matters, but petty offenses may not be as severe as misdemeanors.

Why The Category Matters (Beyond Labels)

Classification often affects a number of issues as they relate to your case, including:

1. Which Court Handles the Case

Arizona’s limited jurisdiction courts (municipal and justice courts) generally handle misdemeanors and petty offenses, and may be involved in early felony stages such as preliminary hearings.

2. Case Trajectory & Options

The procedures, negotiation posture, and possible outcomes can differ significantly between a felony, misdemeanor, and petty offense.

3. Collateral Consequences

Licensing, employment screening, immigration, and professional discipline risks can vary depending on whether the charge is a felony or misdemeanor (and on the underlying offense), so classification is often a key early issue.

Frequently Asked Criminal Defense Questions

Have questions about criminal defense law? If so, we have answers! See if your question has been answered below. If it’s not, please reach out to our criminal law team directly.

What is Criminal Defense?

The legal defenses offered to those who have been charged with a crime are known as criminal defense law. The resources available to government prosecutors and law enforcement are vast.

Without sufficient defenses, the government would have a disproportionate amount of authority inside the legal system.

Currently, a criminal defendant’s fair treatment often rests more on the ability of their criminal attorney than it does on the actual legal safeguards offered to them.

How Do I Find the Right Criminal Defense Lawyer?

There are a number of effective methods to determine which law firm and criminal defense attorney is right for representing you and your case.

If you know a lawyer, you can ask if they know of a good defense attorney. If not, you can turn to the web. You can look at law firm reviews on search engines like Google, social media sites like Facebook, and on lawyer directories like Lawyers.com.

Be sure to have a candid conversation with your legal representative prior to signing any agreements and if you suspect your attorney may not be a good fit, keep looking. Your freedom may rely on it.

What Do Criminal Defense Attorneys Do?

Throughout a criminal case, a criminal defense attorney plays a number of crucial functions. He or she is in charge of representing a defendant in a criminal case. He or she represents the individual charged while speaking.

A criminal defense lawyer law firm also investigates your case, analyzes evidence, speaks to all parties involved, conducts jury selection, and helps with plea bargaining and sentencing.

How Much Does a Criminal Defense Lawyer Cost?

Depending on a variety of criteria, including severity of the charges, attorneys will charge varying fees.

While you may find some sites listing approximate, ballpark prices for various legal fees, you’ll often get an estimate from lawyers who bill by the hour. If the matter is resolved quickly, choosing a per-hour charge may be advantageous; even so, if the case develops into a complex one, it may end up costing you more than a flat amount.

The only way to find out how much your specific case will cost is to book a consultation, since attorneys’ fees are different depending on the location of the case, their level of expertise, and its complexity.

Who Pays for Criminal Defense Representation?

The state of Arizona will appoint a public defender for a person who cannot afford to retain a lawyer to defend them against criminal charges. Your chose criminal lawyer will represent you in court and provide free legal guidance, advice, and defense.

The alternative to a state-appointed attorney is to hire a private legal team. The cost to hire a private lawyer depends on many factors, such as the degree of the crime and the amount of hours the case takes to prepare, which generally requires one or more consultations to determine.