Photo from Unsplash
Originally Posted On: https://thevalleylawgroup.com/blog/criminal-charges-arizona/
What Are Criminal Charges in Arizona?
In the state of Arizona, there are three levels of classification for crimes, and each of these has been designated to reflect the severity of the crimes contained within. Arizona criminal law classifications consist of felony offenses, misdemeanor offenses, and infractions. While felonies are considered major offenses that result in serious penalties, even minor offenses like misdemeanors and infractions can have a lifelong impact.
If you are facing Arizona criminal charges, understanding the state’s crime classification system is an important first step to navigating your charges effectively. Developing a strong defensive strategy with an Arizona criminal defense lawyer is essential to help you ensure the best possible chance at a positive outcome in your case. Learn more about how criminal charges work in Arizona.
Criminal Charges in Arizona: An Overview
Crimes classified in Arizona fall under three primary categories: felonies, misdemeanors, and infractions, as defined by ARS Title 13: Criminal Code. Felonies, misdemeanors, and infractions in Arizona involve varying penalties that range in severity according to the crime. However, it is important to keep in mind that they can all result in long-term consequences.
Felonies
Throughout the United States, felonies are the most serious crime that can be committed. Some states consider certain felonies, including murder, serious enough to result in the death penalty. In Arizona, all crimes charged as a felony typically result in at least a one-year prison sentence, as well as other significant fines and penalties.
Misdemeanors
According to federal and criminal law, misdemeanors are significant crimes, although they are considered less severe crimes than felonies and carry lighter penalties. Most states have several levels of misdemeanors, including minor offenses like petty offenses or minor misdemeanors. In Arizona, a misdemeanor results in a prison sentence of up to six months as well as fines.
Infractions
The least serious offenses in Arizona are called infractions, which are typically non-criminal violations resulting in fines rather than jail time, as per Arizona DOT Penalties. These may also be referred to as violations, petty offenses, or minor offenses. Typically, fines are the primary penalties for infractions, though in some cases, a short jail sentence may be imposed.
Arizona Felonies: Charges, Classes, and Penalties
Penalties for felonies in Arizona are determined by a felony classification system that arranges crimes by order of severity. Penalties increase from Class 6 to Class 1.
- Class 1 Felony – Class 1 felonies are the most serious offenses and include first-degree and second-degree murder. Penalties received for this felony depend on the circumstances of the case but can result in a prison sentence of ten years to life in prison plus fines of up to $150,000.
- Class 2 Felony – This class of felonies includes offenses such as manslaughter, sexual assault, armed robbery, sexual acts with a minor who is under 15, and sex trafficking. The punishment for a Class 2 felony may be anywhere from 3 years to 12.5 years in prison, plus fines.
- Class 3 Felony – Some examples of offenses that are considered a Class 3 felony include sexually abusing a minor under 15 years old, burglary in the first or second degree, theft, possessing, using, selling, or transporting marijuana, narcotics, or other dangerous drugs, and stalking. This felony class can result in a prison sentence of between 2 years to 8.75 years.
- Class 4 Felony – Class 4 felonies can include an aggravated DUI, bribery of an officer, criminal damage, forgery, or shoplifting. A Class 4 felony can result in prison time of 1 to 3.75 years.
- Class 5 Felony – Some examples of Class 5 felonies involve running away from a police officer, violating a restraining order, illegally allowing minors to consume alcohol, and arson. Penalties for a Class 5 felony include a prison sentence of half a year up to 2.5 years.
- Class 6 Felony – These offenses are considered the more minor felonies and can include indecent exposure to a minor, criminal trespassing in the first degree, criminal littering, money laundering in the third degree, or writing a fraudulent check that is at least $5,000. The penalty for a Class 6 offense is a prison sentence of a minimum of a third of a year up to a maximum of 2 years, plus fines of up to $1,000.
As mentioned, penalties also carry fines. The amount of the fine assessed is dependent on the severity of the crime, the class of the felony, whether drugs were involved, and whether the individual has a previous felony charge. According to ARS 13-801, fines may reach up to $150,000.
Aside from serving time in prison or paying fines, additional long-term consequences could result from a felony conviction. Consequences could involve a requirement to register with a specific criminal registry, loss of the right to vote, loss of parental rights or custody rights, ineligibility for certain jobs or licenses, ineligibility for certain housing options, and restriction from owning weapons.
Although Arizona felonies are the most serious offenses in the state and have the most serious consequences, those who have been charged with a felony still maintain their constitutional rights. The right to hire a criminal defense attorney protects the defendant’s other rights and ensures the best chance of a positive outcome in the case. Those without the funds to hire an attorney still have the right to a state-appointed attorney, otherwise known as a public defender. Anyone accused of a felony is also entitled to a trial by jury.
Misdemeanors in Arizona
Arizona misdemeanors are classified under three levels (Class 1, Class 2, and Class 3), with penalties outlined in ARS 13-707. A Class 1 misdemeanor is the most serious misdemeanor offense, while a Class 3 misdemeanor is a minor crime. There are several crimes that are considered misdemeanors in Arizona, such as a DUI, petty theft, disorderly conduct, criminal damage that amounts to less than $1,000, giving false reports to police, driving with a license that is suspended, and interfering with judicial proceedings.
Under Arizona law (ARS 13-707), misdemeanor penalties include jail time, fines, and potential restrictions on certain rights.
- Class 1 Misdemeanor – The penalties for this class include a prison sentence of up to six months and fines of up to $2,500.
- Class 2 Misdemeanor – Punishment for this class of misdemeanors involves serving up to four months in prison and fines of up to $750.
- Class 3 Misdemeanor – For this class of misdemeanors, penalties include a prison sentence of up to 30 days, as well as fines of up to $500.
As you can see, certain misdemeanors trigger a required prison sentence. Most of these offenses involve prison or jail time, fines, and additional penalties like a suspended driver’s license, a requirement to undergo counseling, complete community service hours, or have an Interlock Ignition Device installed in your car.
It is important to note the secondary consequences that can occur after a conviction for a misdemeanor offense.
While these are not necessarily requirements in the state of Arizona, the negative effects of having a criminal record may include:
- Spike in car insurance rates
- Requirements to disclose the misdemeanor conviction on job applications
- Requirements to disclose the offense on a rental application
- Consequences related to immigration, such as deportation
- Loss of professional licenses or certificates
Infractions: The Least Severe Offenses
In the state of Arizona, an infraction is considered a minor crime that violates a basic law, such as traffic laws. Sometimes, infractions are categorized as misdemeanors; however, misdemeanors are often more severe and cannot be considered mere infractions. For example, Class 1 misdemeanors cover the most serious offenses and are not infractions, but petty misdemeanors may also be categorized as infractions. Some examples of petty infractions can include not wearing a seatbelt, failing to keep a pet on its leash, speeding, making a U-turn in an illegal spot, failing to yield to those who had the right of way, and littering.
Because infractions are violations of the law that are much less serious compared to misdemeanors or felonies, they do not trigger severe penalties. The severity of the offense influences the severity of the penalty. In many cases, the penalty received for an infraction is a simple fine or hours of community service.
Some common infractions and their penalties include the following:
- Driving on a suspended license results in the vehicle being impounded for up to 30 days.
- Failing to pay a traffic violation fine or appear in court typically results in driver’s license suspension.
- Using a driver’s license that has been suspended, revoked, altered, or contains false information results in fines and license suspension.
- Failing to obey traffic signs, tailgating, illegally passing another vehicle, or failing to yield to emergency responders are all considered aggressive driving. The first offense results in 30 days’ license suspension and a Traffic Survival School course. The second offense (or any offenses received afterward) will result in a Class 1 misdemeanor and a yearlong suspension.
- Failure to stop at the scene of an accident that the driver was involved in can result in penalties, as drivers are required by law to provide assistance to any injured person and provide contact information, including a driver’s license. If the driver fails to do these things, they may lose driving privileges for up to 10 years if the accident results in a death. If there was a serious injury involved, driving privileges may be taken away for 5 years. If the only damage occurred to a vehicle, the license may be suspended for one year.
Violations Vs. Criminal Offenses
Certain infractions are not considered criminal offenses at all and are instead violations. Because of this, some infractions will not be placed on a criminal record. However, if the infraction is a traffic violation, then it will be placed on the person’s driving record. Other offenses committed, such as littering or other incidents that are considered petty offenses, can be dismissed after fines have been paid.
The Legal Process
The Arizona criminal justice system follows a structured process for felony and misdemeanor cases, based on Arizona Supreme Court guidelines.
- Arrest – First, an arrest may occur if a police officer witnesses or receives a report of the offense taking place; alternatively, officials may have a warrant for the arrest.
- Review of Evidence and Charges – After the arrest, a prosecutor will assess the evidence to determine whether there are sufficient legal grounds for a case. If so, then the charges will be applied to the accused, now known as the defendant.
- Initial Appearance – The defendant will appear before a judge, who alerts them of the charges against them while also informing them of their rights. During this time, the judge will also determine whether there is sufficient evidence to demonstrate that the defendant did commit the crime.
- Pleas – The defendant then has the chance to either plead guilty or not guilty, which will impact the rest of the legal process. If the defendant pleads guilty or agrees to a plea deal, they agree to charges and penalties outside of court, often of a less severe nature than the original charges. Not guilty pleas will result in a trial.
- Trial – The trial process in Arizona involves jury selection, evidence presentation, and sentencing, following Arizona Court Procedure Rules. After the prosecutor has the chance to share their evidence, a criminal defense attorney will present testimony and evidence to diminish the prosecution’s case.
- Verdict and Sentencing – Once the defendant has been found guilty or pleads guilty, the judge or jury will announce its decision. A separate sentencing hearing will take place, at which the court will read consequences that the defendant will face, such as a prison sentence, fines, or probation.
Defenses for Criminal Charges
The most effective legal defenses for criminal charges in Arizona are dependent on a variety of factors. Most importantly, the details of the case must be taken into consideration to ensure that the defense strategy is effective. For example, criminal charges involving a robbery witnessed by others will require a different defense strategy than assault charges resulting from a disagreement between two people.
Common criminal defense strategies include alibi defenses, self-defense, and procedural violations, which are legally protected under ARS 13-1105.
Understanding Arizona’s Criminal Laws
As mentioned, Arizona criminal law classifications are dictated by the severity of the crime and the potential threat that it presents to the community.
Felonies in Arizona are the most severe crimes and include violent crimes like sexual assault and murder, severe property crimes like arson, drug crimes involving large amounts of illegal substances, and harmful white-collar crimes like fraud, identity theft, money laundering, or embezzlement. Since felonies are more serious crimes, the penalties given will also be more serious, such as lengthy prison sentences, fines, and potentially probation. Because of the severity of felonies, the legal process is typically more complex and can involve preliminary hearings, a grand jury indictment, and even a formal trial.
By contrast, misdemeanors are considered to be minor offenses in comparison to felony charges and are not as threatening to the safety of others in accordance with ARS 13-707. However, misdemeanors still have levels of classification depending on the severity, which influences the penalties given. Although misdemeanor offenses are not as serious of a conviction, penalties can still involve jail time, fines, and community service. The legal process necessary to address a misdemeanor is typically not as complicated or as lengthy as that of a felony, and some cases can be settled within a few months.
Advantages of Hiring a Criminal Defense Attorney
Hiring a criminal defense attorney is strongly recommended by the Arizona State Bar Association for ensuring legal protection and negotiating favorable outcomes. No matter the charges you are facing, hiring a skilled Arizona criminal defense attorney can make or break your chances of reaching a favorable outcome in your case.
Here are a few of the advantages you could gain by hiring an attorney:
- Initial Discussions with Officials – If you must be interviewed by police officers, a lawyer can be present with you, advising you regarding how to best answer questions. Having an attorney throughout the legal process can also ensure that your rights are protected while communicating with law enforcement and the prosecution.
- Peace of Mind – A lawyer can support you throughout the entire legal process, helping you navigate the charges against you.
- Formidable Defense – An attorney with a background in criminal law knows proven, effective legal strategies designed to address charges just like yours.
- Extensive Knowledge of Arizona Prosecution – Your attorney can counsel you regarding the next legal steps to take, helping you understand your legal rights and pointing out potential strategies that the prosecution could use.
- Negotiations and Plea Bargaining – A deep knowledge of Arizona criminal laws that could apply to the circumstances of your case can help your attorney negotiate for a reduced sentence, dismissed charges, or plead to a lesser charge.
Skilled Phoenix, Arizona Criminal Defense Attorneys
The prospect of facing criminal charges can be overwhelming, especially when you consider that a conviction can impact the rest of your life. Whether you have been charged with a felony, misdemeanor, or an infraction, it is crucial to minimize the negative effects on your life. The best way to do so is by securing the services of a skilled defense attorney to help you navigate the criminal legal process.
The Valley Law Group has handled hundreds of Arizona criminal cases, providing just as many families with the comfort and security they needed to return to life as it was before the stress of a criminal charge.
Facing criminal charges in Arizona? Call The Valley Law Group today for a free consultation and legal guidance.
References:
- Arizona Department of Transportation. (n.d.). Driver improvement and penalties. Arizona Department of Transportation. Retrieved from https://azdot.gov/mvd/services/driver-services/driver-improvement/penalties
- Arizona Legislature. (n.d.-a). Felony classifications and penalties (ARS 13-702). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00702.htm
- Arizona Legislature. (n.d.-b). Felony sentencing guidelines (ARS 13-801). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00801.htm
- Arizona Legislature. (n.d.-c). Misdemeanor sentencing classifications (ARS 13-707). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00707.htm
- Arizona Legislature. (n.d.-d). Arizona felony sentencing reference guide. Arizona Legislature. Retrieved from https://www.azleg.gov/alisPDFs/council/Felonies.pdf
- Arizona Legislature. (n.d.-e). Arizona criminal defense law (ARS 13-1105). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/01105.htm
- Arizona Legislature. (n.d.-f). Arizona criminal offense classifications (ARS 13-802). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00802.htm
- Arizona Court Records. (n.d.). Types of criminal court records in Arizona. Retrieved from https://arizonacourtrecords.us/criminal-court-records/types/
