Arizona Criminal Law: Charges, Sentencing, and Defendant Rights

Arizona criminal law sorts every offense into one of three buckets — felonies, misdemeanors, or petty offenses — and the bucket controls almost everything that follows: where you serve time, how much you can be fined, how long prosecutors have to charge you, and what the sentence looks like if you’re convicted. The system runs on a structured path from arrest to sentencing, with constitutional protections at each stage and specific rules under Title 13 of the Arizona Revised Statutes and the Arizona Rules of Criminal Procedure.

How Arizona Classifies Crimes

Felonies are the most serious offenses and are divided into six classes. Class 1 covers first-degree murder and is the most severe; Class 6 is the least. A felony conviction can send you to the Arizona Department of Corrections and carries fines up to $150,000.¹²

Misdemeanors come in three classes and are served in county jail rather than state prison:

Class 1 misdemeanor: up to six months in jail and a $2,500 fine
Class 2 misdemeanor: up to four months in jail and a $750 fine
Class 3 misdemeanor: up to 30 days in jail and a $500 fine

Jail limits come from ARS 13-707 and fine caps from ARS 13-802.³⁴

Petty offenses sit at the bottom. Maximum fine of $300, no jail time.⁴

How Long Prosecutors Have to File Charges

Arizona puts a clock on charging decisions. If prosecutors miss the window, the case can’t move forward. The clock starts when the state discovers the offense or reasonably should have discovered it, whichever comes first.⁵

No time limit: homicide, conspiracy to commit homicide resulting in death, certain Class 2 felony sexual offenses against children, violent sexual assault, and misuse of public funds
Seven years: Class 2 through Class 6 felonies
One year: misdemeanors
Six months: petty offenses

These are the general deadlines. Some offenses — DUI is the common one — have their own rules under separate statutes.⁵

Arrest, Booking, and the First Court Date

An arrest can happen with a warrant issued by a judge, or without one when an officer has probable cause — factual evidence sufficient to reasonably believe a crime was committed and that you committed it. Arizona gives officers broad warrantless arrest authority. An officer can arrest without a warrant when there’s probable cause to believe a felony was committed, when a misdemeanor or petty offense was committed (whether or not it happened in the officer’s presence), or when you’ve been in a traffic accident that involved a criminal violation.⁶

Once lawfully arrested, officers can search your person without a separate warrant. The reasoning is preventing destruction of evidence and keeping weapons out of reach.⁷

After the arrest, you’re taken to a detention facility for booking. Booking records your personal information, documents the charges, takes photographs and fingerprints, and checks for outstanding warrants. It’s administrative, not a court proceeding.

The 24-Hour Initial Appearance

If you stay in custody after arrest, you must be brought before a magistrate for an initial appearance within 24 hours. If that doesn’t happen, you have to be released. Arizona Rule of Criminal Procedure 4.1 also requires each county’s presiding judge to keep a magistrate available every day of the week.⁸

At the initial appearance, the magistrate reads the charges, advises you of your constitutional rights (including the right to an attorney), and sets release conditions. If no complaint has been filed yet, it must be prepared and filed within 48 hours of the initial appearance, or you must be released and any preliminary hearing dates canceled.⁸

Bail

The Arizona Constitution guarantees the right to bail in most cases, with specific carve-outs. Bail can be denied for capital offenses, sexual assault, sexual conduct with a child under 15, molestation of a child under 15 (when the evidence is strong), and certain felony charges filed against someone already out on bail for a separate felony. It can also be denied for serious felonies when you pose a substantial danger and no release conditions can reasonably protect the community.⁹

When bail is set, the judge weighs flight risk and any danger you pose. If you can’t post the full amount, commercial bail bond companies typically charge a non-refundable premium of roughly 8% to 10% of the bail.

How Felony Charges Get Filed

Before a felony case goes to trial, prosecutors have to establish probable cause through either a preliminary hearing or a grand jury indictment.

A preliminary hearing is held before a magistrate. If you’re in custody, it must begin within 10 days of your initial appearance; out of custody, the deadline is 20 days. If the 10-day deadline passes without a hearing or a continuance order, you must be released, unless you’re charged with a non-bailable offense. Both sides can waive the hearing, but the waiver has to be in writing and signed by the defendant, defense counsel, and the state.¹⁰

Alternatively, prosecutors can present the case to a grand jury. Grand jury proceedings are one-sided: only the prosecution presents, and the defendant typically doesn’t participate.¹¹

Once probable cause is established, you attend an arraignment and enter a plea: guilty, not guilty, or no contest. Most defendants plead not guilty at this point even if they plan to negotiate later, to keep their options open.

Under Arizona Rule of Criminal Procedure 15, both sides then share evidence before trial. The prosecution turns over its evidence to the defense, and the defense has reciprocal obligations. Beyond that, the U.S. Constitution requires prosecutors to disclose any evidence favorable to you that’s relevant to guilt or punishment, in time for you to actually use it at trial — the rule from Brady v. Maryland.

Your Rights as a Defendant

Two constitutional amendments do most of the heavy lifting.

The Fifth Amendment protects you from being forced to testify against yourself. It’s the foundation of Miranda warnings, which police must deliver before questioning you while you’re in custody. The warnings cover four points: you have the right to remain silent, anything you say can be used against you, you have the right to an attorney, and if you can’t afford one, an attorney will be provided.¹²

The Sixth Amendment guarantees the right to a lawyer, a speedy and public trial, an impartial jury, and the right to confront witnesses testifying against you. The right to counsel applies at all critical stages of a criminal prosecution, and the Supreme Court has held that it extends to any trial for a serious criminal charge, with counsel appointed at public expense if you can’t afford one.¹³

There’s no fixed income cutoff for a public defender. The trial judge evaluates your finances based on factors like income, savings, property, and ability to work. Many courts just ask you to fill out a financial affidavit and rule from there.

Having a right to an attorney means having a right to a competent one. Under Strickland v. Washington, you can challenge your conviction by showing two things: your lawyer’s performance was objectively deficient (so inadequate it broke down the adversarial process, not merely imperfect in hindsight), and that deficiency created a reasonable probability the outcome would have been different. Both prongs must be met, and courts give attorneys wide latitude on strategy.¹⁴

How Most Cases End: Plea Agreements

The vast majority of Arizona criminal cases resolve through plea deals rather than trials. Arizona Rule of Criminal Procedure 17.4 governs the process. The parties can negotiate on any aspect of the case. The assigned trial judge may participate in settlement discussions only if both sides consent; otherwise, negotiations happen before a different judge.¹⁵

A plea agreement must be in writing and signed by you, your attorney (if you have one), and the prosecutor. Either side can withdraw before the court accepts it. Before accepting, the judge has to personally confirm you understand and agree to every term. Pleading guilty waives your right to a jury trial, your right against self-incrimination, and your right to confront witnesses.¹⁵

One detail that catches people off guard. The judge isn’t bound by the sentencing terms in your agreement. If the judge reviews the presentence report and decides the agreed sentence is inappropriate, that provision can be rejected. You then get the chance to withdraw your plea entirely. If you do withdraw and a presentence report has already been submitted, you can exercise a one-time right to a different judge for the rest of the case.¹⁵

Felony Sentencing Ranges

Arizona uses structured sentencing. For each felony class, the law sets a presumptive term — the standard prison sentence the judge is expected to impose. The judge can depart from the presumptive based on mitigating factors (which lower the sentence) or aggravating factors (which raise it), but only within statutory ranges.¹⁶

For first-time, non-dangerous felony offenders:

Class 2 felony: 3 years (mitigated) to 12.5 years (aggravated), 5-year presumptive
Class 3 felony: 2 years to 8.75 years, 3.5-year presumptive
Class 4 felony: 1 year to 3.75 years, 2.5-year presumptive
Class 5 felony: 6 months to 2.5 years, 1.5-year presumptive
Class 6 felony: 4 months to 2 years, 1-year presumptive

Class 1 felonies (first- and second-degree murder) have their own sentencing provisions outside this framework.¹⁶

Repeat Offenders

Prior felony convictions change the math. A “category two” repeat offender faces substantially higher ranges. A Class 2 felony that carries a 5-year presumptive for a first offense jumps to a 9.25-year presumptive term for a category two repeat offender, with a maximum of 23 years. A “category three” repeat offender faces steeper penalties still: that same Class 2 felony carries a 15.75-year presumptive term and a maximum of 35 years.¹⁷

Dangerous Offenses

When a felony involves the use or threatened use of a deadly weapon or dangerous instrument, it qualifies as a “dangerous offense” with its own elevated table. A first-time Class 2 dangerous offense carries a 7-year minimum, a 10.5-year presumptive, and a 21-year maximum. A dangerous-offense sentence isn’t eligible for probation, a suspended sentence, or pardon until the full sentence is served or earned release applies.¹⁸

The harshest provisions apply to dangerous crimes against children. Sexual conduct with a child under 12 carries a mandatory life sentence with no release eligibility for 35 years. Continuous sexual abuse of a child can carry a 60-year presumptive term.¹⁹

The 85% Rule and Community Supervision

Arizona requires most prisoners to serve at least 85% of the imposed sentence before becoming eligible for release through earned release credits. After completing the required portion, a prisoner is released to community supervision, which functions similarly to parole in other states. The Department of Corrections sets the conditions, which can include drug treatment, counseling, community service, and residency restrictions for sex offenders.²⁰

If you refuse to sign and agree to those conditions when your earned release date arrives, you won’t be released. If you still refuse when your sentence expiration date hits, you serve your community supervision term in prison instead.²⁰

Probation and Restitution

For certain non-dangerous felonies, the judge may grant probation instead of prison, keeping you in the community under court-ordered conditions. Dangerous offenses are categorically excluded from probation.¹⁸

Restitution isn’t discretionary. Every convicted defendant must pay the victim the full amount of economic loss. The court sets the amount and payment method, and restitution is treated as a criminal penalty, which means it can’t be discharged in bankruptcy.²¹

What a Conviction Costs Beyond the Sentence

The formal sentence is only part of the picture. Several consequences reach well beyond the courtroom.

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition. There’s no expiration date, and it applies whether or not you actually served prison time. It covers virtually all felony convictions.²²

Arizona strips your right to vote upon a felony conviction. With only one felony conviction, voting rights are automatically restored once you complete your sentence, including prison, probation, and any community supervision. You still have to re-register. With two or more felony convictions, restoration isn’t automatic — you have to petition the court, and the waiting period depends on whether your sentence involved prison or probation.

A criminal record also limits job prospects. Arizona’s rules for private employers are less restrictive than some states, but most employers in regulated industries will still run criminal history checks.

Cleaning Up a Record Afterward

Arizona offers two main post-conviction relief mechanisms: setting aside a conviction and sealing records.

Under ARS 13-905, once you’ve completed all conditions of your sentence, you can ask the court to set aside your judgment of guilt. The court dismisses the charges and releases you from most penalties and disabilities that flow from the conviction. The court considers the nature of the offense, your compliance with sentence conditions, any subsequent convictions, victim input, and the time elapsed since completing your sentence.²³

A set-aside restores your right to possess a firearm unless you were convicted of a “serious offense” under ARS 13-706. The record itself stays publicly visible, with a notation that the judgment was set aside. Certain offenses are excluded entirely: dangerous offenses, offenses requiring sex offender registration, crimes with a finding of sexual motivation, and felonies where the victim was a child under 15.²³

Sealing goes further. Under ARS 13-911, sealing hides public access to the case record. If granted, you can legally state on employment, housing, and financial aid applications that you were never arrested for, charged with, or convicted of the sealed offense. Eligibility requires completing all terms of your sentence, including full restitution. Records can also be sealed if charges were dismissed or you were acquitted at trial.²⁴

True expungement, which actually erases the record, is currently available in Arizona only for marijuana-related offenses. For everything else, sealing is the closest option to a clean slate.²⁴

1
Arizona Legislature. Arizona Code 13-601 – Classification of Offenses
2
Arizona Legislature. Arizona Code 13-801 – Fines for Felonies
3
Arizona Legislature. Arizona Code 13-707 – Misdemeanors; Sentencing
4
Arizona Legislature. Arizona Code 13-802 – Fines for Misdemeanors and Petty Offenses
5
Arizona Legislature. Arizona Code 13-107 – Time Limitations
6
Arizona Legislature. Arizona Code 13-3883 – Arrest by Officer Without Warrant
7
Legal Information Institute. Search Incident to Arrest Doctrine
8
State Rules. Arizona Rules of Criminal Procedure – Rule 4.1
9
Arizona Legislature. Arizona Constitution Article 2 Section 22 – Bailable Offenses
10
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 5.1 – Right to a Preliminary Hearing
11
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 12.6 – Indictment
12
Congress.gov. Constitution Annotated – Amdt5.4.7.5 Miranda Requirements
13
Constitution Annotated. Amdt6.6.3.1 Overview of When the Right to Counsel Applies
14
Justia. Strickland v. Washington, 466 U.S. 668
15
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 17.4 – Plea Negotiations and Agreements
16
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing
17
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
18
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
19
Arizona Legislature. Arizona Code 13-705 – Dangerous Crimes Against Children; Sentences
20
Arizona Legislature. Arizona Code 41-1604.07 – Earned Release Credits; Forfeiture; Restoration
21
Arizona Legislature. Arizona Code 13-603 – Sentence of Imprisonment or Fine; Restitution
22
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
23
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
24
Maricopa County Superior Court. Set Aside or Expunge a Conviction, or Seal a Criminal Record