Arizona Felony: Laws, Penalties, Sentencing, and Records

Any serious offense that carries a sentence of more than a year in state prison is considered a felony in Arizona. Arizona law considers felonies as the most serious crimes, and that’s why they carry severe, life-changing penalties and consequences. Felonies can result in lengthy jail sentences, a permanent criminal record, and the loss of civil rights, and in that way, they are vastly different from misdemeanors, which carry lighter jail sentences or fines. There are six felony classes, each associated with a specific range of sentences, that make up Arizona's felony classification system.

What Is Considered a Felony in Arizona?

Laws regulating the types of felonies in Arizona, as well as how they are to be handled, are stipulated in Title 13 of the Arizona Revised Statutes. This regulation encompasses violent, property, drug, and financial crimes. Common Arizona felonies include:

• Violent Crimes: Violent crimes typically include murder, manslaughter, aggravated assault, sexual assault, armed robbery, and kidnapping.
• Drug Crimes: Manufacturing, trafficking, or possession of large quantities of controlled substances.
• Property Crimes: Burglary, arson, forgery, and theft of property valued at $1,000 or more.
• White-Collar Crimes: Fraud, embezzlement, and identity theft.
• Weapons Offenses: This might include a felon having a firearm or the unlawful use of deadly weapons.

Aggravating circumstances often elevate misdemeanors to felonies. For example:

• Theft becomes a felony if the value of the stolen property exceeds $1,000.
• Assault is a misdemeanor unless it involves serious injury, use of a weapon, or an attack on a protected victim such as a police officer.

What Is a Felony in Arizona?

Under Arizona law, a felony may involve imprisonment, handled by the Arizona Department of Corrections, Rehabilitation, and Reentry, which is responsible for state prisons, for a term of one year or more. Misdemeanors, in contrast, carry a jail term of six months or less in a county jail.

A felony conviction in Arizona can attract specific punishments, including:

• Prison and Fines: Sentences for felonies in Arizona can range from 4 months to life imprisonment, with fines up to $150,000.
• Loss of Rights: Individuals convicted of felonies can lose the right to vote, hold public office, and possess firearms until their rights are restored.
• Permanent Record: Generally, felony convictions are permanent and may appear on background checks, which in turn may affect employment, housing, and licensing opportunities.

Felony Classes and Penalties in Arizona

Arizona categorizes felonies into six classes (Class 1 through Class 6). Each class carries different sentencing ranges.

Arizona Felony Classes

• Class 1 Felony
  • This is reserved for the most serious crimes, such as first-degree and second-degree murder.
  • Penalty: Perpetrators of crimes in the Class 1 Felony category can get a life sentence or even death.
  • Fine: Individuals convicted for these crimes could pay up to $150,000 in fines.
• Class 2 Felony
  • This includes armed robbery, kidnapping, manslaughter, sexual assault, and certain drug trafficking offenses.
  • Penalty: 4 to 10 years for first-time offenders (can increase with aggravating factors).
• Class 3 Felony
  • This class includes aggravated assault, burglary in the second degree, dangerous crimes against children, and auto theft.
  • Penalty: If convicted, perpetrators could face 2.5 to 7 years behind bars.
• Class 4 Felony
  • Class 4 felonies include forgery, negligent homicide, credit card fraud, possession of narcotics, and theft over $3,000.
  • Penalty: Jail time for such crimes could range from 1.5 to 3.75 years.
• Class 5 Felony
  • This set of felonies includes theft of property between $2,000 and $3,000, certain drug possession charges, and the unlawful killing, selling, or purchasing of livestock of another.
  • Penalty: People convicted of such crimes could spend 9 months to 2 years.
• Class 6 Felony
  • These include the least severe felony classes, including lower-level thefts, some assaults, and making certain untrue statements.
  • Penalty: This could attract jail time of 4 months to 2 years.
  • Note: Judges can sometimes reduce Class 6 felonies to misdemeanors, depending on circumstances.

Arizona is one of the more structured states for felony sentencing because of its tiered system.

Felony Sentencing Guidelines in Arizona

Arizona follows presumptive sentencing guidelines, which set standard terms of imprisonment, while allowing judges to adjust sentences based on aggravating or mitigating factors.

Key Sentencing Factors

1. Presumptive Sentences: Each felony class has a “presumptive” sentence, which judges use as a baseline for sentencing.
2. Aggravating Factors: Repeat offenses, use of a deadly weapon, crimes against minors, and severe physical harm increase penalties.
3. Mitigating Factors: A prior record, cooperation with authorities, or minimal involvement may reduce the sentence.
4. Dangerous Offenses: Crimes involving deadly weapons or causing serious injury carry enhanced penalties and often exclude the possibility of probation.
5. Repeat Offenders: Arizona’s “repetitive offender” laws impose mandatory longer sentences for those with prior felony convictions.

Aggravated assault, for instance, is a Class 3 felony with a presumptive sentence of 3.5 years; however, aggravating circumstances may raise that sentence to 8.75 years

Felony Laws and Procedures in Major Arizona Cities

Phoenix (Maricopa County)

Felony cases in Phoenix are handled in the Maricopa County Superior Court, the largest trial court in Arizona. This court manages high volumes of violent crimes, drug offenses, and white-collar cases. Records can be accessed via the Maricopa County Clerk of Court or the Arizona Judicial Branch public access portal.

Tucson (Pima County)

In Tucson, the Pima County Superior Court is responsible for prosecuting felonies. For nonviolent criminals, the county typically prioritizes diversion programs, especially in drug-related situations. You can use the state's online court access system or reach out to the Pima County Clerk to request records.

Mesa and Tempe (Maricopa County)

As part of Maricopa County, felony prosecutions in Mesa and Tempe are handled by the Maricopa Superior Court. You may reach this court for access to its record systems.

How to Search for Felony Records in Arizona

You may access Arizona felony case records through the following channels:

1. Public Access to Court Information Portal

The Arizona Judicial Branch’s online database allows the public to search felony cases by name, case number, or attorney. Available details include:

• Case numbers and docket entries.
• Charges filed.
• Court location.
• Case status and outcome.

2. County Clerk of Court Offices

For certified copies of felony records or complete case files, individuals must contact the Clerk of Court in the county where the felony was prosecuted. Fees apply for certified copies.

3. Arizona Department of Public Safety (DPS)

The Arizona DPS Criminal History Records Section provides statewide background checks, including felony convictions. These are often required for employment or licensing.

4. Police Department Records

Local police departments maintain arrest and incident reports. Requests can be submitted under Arizona’s Public Records Law, although access may be limited for ongoing cases.

5. Third-Party Background Checks

Numerous private platforms provide felony record lookups. While convenient, they may not always reflect the most current data. Official state systems remain the most reliable.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public.
• Set Aside/Expungement: Arizona does not allow traditional expungement, but convictions can be “set aside,” meaning they remain on record but are marked as dismissed. Some marijuana-related felonies may be eligible for expungement under recent reforms.

Why Understanding Felonies in Arizona Matters

Felony convictions in Arizona carry long-term consequences, including prison sentences, loss of civil rights, and reduced job opportunities. For individuals, employers, and organizations, understanding how felonies are defined, classified, and recorded is crucial for making informed legal and personal decisions.

Arizona has six different classifications of felonies, from Class 1 (murder) to Class 6 (lesser felonies). With penalties for recurrent and severe offenders, sentences vary from four months to life in prison.

The Department of Public Safety, county clerks, and the Arizona Judicial Branch website all provide access to felony records, ensuring openness while balancing privacy regulations. Navigating Arizona's legal system and the long-term effects of felony charges requires an understanding of the state's felony system.