Felony charges are the most serious criminal charges you can face. Conviction can result in several years to life in prison, exorbitant fines, and the potential for other penalties that can impede your career, your ability to drive legally, and even custody of your children. Whether you are facing criminal charges or are simply a concerned citizen, you should understand the common types of felony charges in Arizona.
The Importance of Understanding Felony Charges in Arizona
Arizona, like other states in the US, classifies crimes as simple infractions, misdemeanors, or felonies. While infractions are the least severe and generally only lead to a monetary fine, misdemeanors can lead to jail time, financial penalties, and a criminal record. Felonies are even more severe and carry the harshest penalties, including lengthy prison sentences, loss of civil rights, such as the right to vote or carry a weapon, and a permanent criminal record. In some cases, you may also pay thousands of dollars in fines in addition to the other penalties.
If you or someone you love is facing a felony charge in Arizona, understanding the type of charge and what it means is the first step toward building your defense.
Felony Classifications in Arizona: A Quick Guide
To provide consistency in penalizing felonies, both state and federal governments organize them based on severity. Each state further categorizes them into different groups, typically by letter or number. In Arizona, felonies are categorized by class, with Class 1 felonies being the most severe and Class 6 being the least severe. Sentences for each class become more severe with prior records and are further broken down into Categories 1, 2, and 3.
Class 1 Felony in Arizona
Class 1 felonies are the most severe and come with the harshest penalties. In Arizona, the only Class 1 felonies are first-degree and second-degree murder, pursuant to Arizona Revised Statutes (ARS) 13-1105 and ARS 13-1104, respectively. While first-degree murder is punishable by the death penalty or life in prison, second-degree murder is not a capital offense and may only be punishable by ten years to life in prison.
Class 2 Felony in Arizona
Class 2 felonies in Arizona are serious and generally involve endangering the lives of others in some way. Two of the most common Class 2 felonies are armed robbery and kidnapping. According to the FBI (FBI, 2025), robbery accounted for 14.8% of all Arizona violent crimes in 2023. Class 2 felonies carry a potential penalty of up to 12.5 years in prison and up to $150,000 in fines.
Class 3 Felony in Arizona
Class 3 felonies encompass a broad range of crimes, the most common being aggravated assault. First-time class 3 felonies carry a maximum sentence of 8.75 years; however, for repeat offenses, the maximum sentence is up to 25 years. Aggravating factors and subsequent offenses can lead to a maximum fine of $150,000.
Class 4 Felony in Arizona
Class 4 felonies are the first tier of felonies not dominated by violent crimes; this class of felonies also includes various property and white-collar crimes. Examples include felony DUI, fraud, or identity theft. Sentences for class 4 felonies can range from one year to as many as 16 years in prison, along with fines of up to $150,000.
Class 5 Felony in Arizona
Besides certain types of aggravated assault, Class 5 felonies are generally property crimes, drug crimes, or white-collar crimes. A common example of a Class 5 felony is drug possession with intent to sell, distribute, or manufacture. The sentence for Class 5 felonies ranges from six months to 2.5 years, except for repeat offenders, for whom the maximum sentence is 7.5 years. Fines can reach a maximum of $150,000.
Class 6 Felony in Arizona
Class 6 felonies are the least severe felonies, but they are still taken seriously by the state of Arizona and can result in a harsh sentence. However, some class 6 felonies may be reclassified as class 1 misdemeanors according to ARS 13-604 if the offender doesn’t have a previous record or if the crime is not dangerous. Offenders can spend up to two years in prison for class 6 felonies and up to 6 years for dangerous or repeat offenses, while fines are capped at $150,000. A common example is disorderly conduct with a weapon.
Common Felony Charges in Arizona
There are numerous types of felonies in Arizona, with penalties ranging in severity depending on the crime. These are some of the most common felony charges in the state:
Felony DUI
Typically, driving under the influence (DUI) is a misdemeanor. However, if you obtain a third DUI in 7 years, receive a DUI with a minor in the car, get a DUI while driving with a suspended license, or get a DUI with another aggravating factor, it becomes a Class 4 felony DUI. If you are convicted of a felony DUI, you will lose your driver’s license, serve a mandatory prison sentence of four months, obtain and use an ignition interlock device, attend DUI education classes, and pay the associated fines.
Drug Crimes
Drug crimes are very common in Arizona and involve criminal acts surrounding Schedule I-V drugs, which are categorized by likelihood of abuse and medical necessity. Drug crimes are broken down into possession, sale, manufacturing, distribution, and trafficking. The severity of the penalty for drug crimes depends on the type of drug, the quantity involved, and whether or not the offender has prior convictions.
Domestic Violence
Domestic violence involves a range of violent or abusive behaviors towards a person with whom the offender has an intimate relationship, such as a spouse, ex-spouse, dating partner, co-parent, or cohabitant. These charges encompass physical abuse as well as all forms of coercive control, stalking, harassment, and threats. Domestic violence may be charged as a misdemeanor, but it is considered felony domestic violence if it is a repeat offense, violates a protective order, or involves assault with an injury.
Assault & Violent Crimes
Aggravated assault is one of the most common violent felony offenses in Arizona.
According to ARS 13-1204, aggravated assault is an elevated form of assault that involves one or more aggravating factors, such as:
- Assault causing serious physical injury
- Assault using a deadly weapon
- Assault causing disfigurement or bodily impairment
- Assault where the victim is restrained
- Assault that breaks a protective order
- Assault of a juvenile or peace officer
Homicide and attempted murder are also common violent crimes. Homicide is a general term for killing another person, and murder is an intentional homicide. Attempted murder is taking direct actions with the intent to kill an individual; however, the actions were unsuccessful, and the victim did not die.
Theft, Fraud & White-Collar Crimes
Certain felonies may not involve violence toward another person, but they can be equally as damaging. Common examples include theft, which is a property crime, or fraud, which is a common white-collar crime. Theft becomes felony theft when the amount stolen is more than $1,000. Embezzlement is a common white-collar crime that involves secretly stealing or misappropriating money entrusted to you, while credit card fraud involves using another person’s credit card without authorization.
These crimes can be classified as felony classes 2-4, depending on the amount stolen as well as the intent.
Weapons Charges
A common felony weapons charge is the unlawful discharge of a firearm. Specifically, unlawful discharge includes firing a weapon with criminal negligence into city limits, such as a drive-by shooting or wanton shooting into the air in a public place. It is a serious felony because it could result in the injury or death of an unsuspecting victim. Unlawful discharge can be an enhancement to other charges or can stand alone as a class 6 felony with a mandatory minimum sentence.
Other felony weapons charges include supplying a weapon to someone who commits a felony-level crime, using a deadly weapon to commit a felony, and possession of a prohibited weapon.
One of the most common penalties for felony conviction is losing civil rights, such as the right to bear arms. Therefore, if you are a felon and are caught in possession of a firearm, you could face further felony charges.
Sex Crimes
Sex crimes are severe crimes that may include violent crimes such as rape or sexual assault as well as non-contact crimes like child pornography or indecent exposure. Unlawful sexual conduct is another common sex crime and occurs when someone in a position of authority engages in sexual acts with someone under their care or supervision.
Sex crimes against children tend to be met with the harshest penalties and require sex offender registration, along with criminal penalties like jail time, fines, and/or probation. Sex crimes can be as serious as a class 2 felony or as minimal as a class 6 felony, depending on the nature of the crime, who the victim is, and whether it is a repeat offense.
Consequences of a Felony Conviction
Because of the severity of felony convictions and their potential to cause great harm to others, the consequences are typically life-altering. This is why it is crucial to have an experienced and effective lawyer on your side to mitigate some of the consequences or even advocate for dismissal before conviction.
Significant consequences for a felony conviction can include:
- Incarceration in a state prison with sentences ranging from several months to life imprisonment or even the death penalty.
- Fines of up to $150,000 for all felonies and for each charge. The exact amount depends on the nature of the crime, the judge’s discretion, and your lawyer’s ability to
- negotiate.
- Loss of civil rights, such as the right to vote, bear arms, or serve on a jury.
- Loss of opportunities like certain jobs, housing, and even educational or professional licenses.
- A permanent criminal record, unless your attorney is able to have your conviction set aside. In addition, Prop 207, also known as the Smart and Safe Arizona Act, does allow for expungement for some marijuana-related crimes.
How to Defend Against Felony Charges
If you are charged with a felony, you will need an attorney specializing in felony criminal defense to help you mitigate your penalties or get your case dismissed. You may feel hopeless if you are charged with a serious felony like armed robbery, a sex crime, or even murder, but there are defenses available to you.
While each case is different, some possible defenses that may be employed by your defense attorney include:
- Lack of Intent – Most felony charges require the prosecution to prove intent for a conviction. If you can prove that you did not intend to commit a crime, you may escape the most severe penalties.
- Violation of Your Constitutional Rights – If your constitutional rights were violated during your arrest or at any time in the resulting proceedings, your attorney can argue that the violation directly led to the evidence involved, thus negating its validity. Examples include unlawful search and seizures or violations of Miranda rights.
- Self-Defense – If you committed a crime like assault with a deadly weapon in self-defense, you may be able to secure a dismissal of your charges. Your attorney can claim self-defense if you committed the crime under the belief that you had no choice but to defend yourself or someone else against injury or death.
- Mistaken Identity – Prosecutors must often rely on video footage or witness testimony to pursue criminal convictions. However, sometimes witnesses make mistakes, or video footage is not clear. If you believe you were wrongly accused or your identity was mistaken, your attorney may be able to secure a dismissal of your charges.
No matter your defense, it is essential that you act quickly, as early intervention can help you improve your chances of a positive outcome.
The Valley Law Group Can Help
If you are facing the consequences of a felony, you may be overwhelmed and worried about your freedom and future. However, there are ways to restore your rights in Arizona.
Here is what some of our past clients had to say about The Valley Law Group’s criminal defense team:
I was facing serious felony charges and didn’t know where to turn. The Valley Law Group walked me through every step and made sure I always understood what was happening with my case. Their professionalism and strategy gave me real peace of mind, and the outcome exceeded my expectations. I truly believe they saved my future.
M.S., Phoenix, AZFrom the moment I contacted The Valley Law Group, I felt like I had someone on my side. They never made me feel judged and were honest about my options from day one. Their attention to detail and strong courtroom presence helped me achieve a better result than I thought possible. I highly recommend them to anyone needing a criminal defense attorney in Arizona.
J.L., Gilbert, AZThe Valley Law Group treated me with respect and compassion during one of the most stressful times of my life. Their team kept me informed, responded quickly, and fought hard for my rights. I felt like more than just a case number—I felt like they truly cared.
A.R., Scottsdale, AZI had a prior conviction and was nervous about going back into the system, but The Valley Law Group never gave up on me. They explored every option and made sure I was treated fairly. Their experience and determination made all the difference.
C.W., Peoria, AZThe attorneys at The Valley Law Group were knowledgeable, straightforward, and aggressive when it counted. They worked hard to get my charges reduced and always made me feel heard. I’m incredibly thankful for their guidance and legal skill.
D.F., Tempe, AZWhy Choose The Valley Law Group?
If you live in Arizona, you have access to a wide range of criminal defense attorneys, but not all legal teams offer the same level of dedication and strategy. At The Valley Law Group, our skilled defense attorneys are committed to building strong, personalized defenses for clients facing felony charges, backed by a growing record of success.
We are committed to legal excellence and are nationally recognized for our premier service, but this is not all that sets us apart. What truly distinguishes The Valley Law Group from other Arizona firms is our dedication to developing a personalized strategy for each and every client. We understand that each client, situation, and charge is different, which is why we provide focused attention and a unique approach for each client.
We are available 24/7 to serve you with conveniently located offices in Phoenix, Gilbert, Peoria, and Scottsdale.
Contact The Valley Law Group Today
Are you facing a felony charge in Arizona?
Don’t wait to get the legal help you need to protect your rights and preserve your freedom.
Contact our criminal defense team today at (480) 300-6012 or visit us online to request a free consultation.
Sources
- Arizona Revised Statutes § 13-1105. (n.d.). First degree murder; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01105.htm
- Arizona Revised Statutes § 13-1104. (n.d.). Second degree murder; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01104.htm
- Arizona Revised Statutes § 13-1904. (n.d.). Armed robbery; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01904.htm
- Federal Bureau of Investigation. (2018). Crime in the United States, 2018 – Table 4: Arrests by Race and Ethnicity, 2018. Retrieved March 31, 2025, from https://ucr.fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-2018/topic-pages/tables/table-4
- Arizona Revised Statutes § 13-604. (n.d.). Dangerous offenses; repetitive offenders; sentencing. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/00604.htm
- Arizona Department of Public Safety. (2023). Arizona Crime Statistics – 2023 Crime Overview. Retrieved March 31, 2025, from https://azcrimestatistics.azdps.gov/tops/report/crime-overview/arizona/2023
- Arizona Revised Statutes § 13-1304. (n.d.). Kidnapping; classification. Retrieved March 31, 2025, from https://www.azleg.gov/ars/13/01304.htm
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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