Class 4 Felony in Arizona: Sentencing, Fines, and Record Relief

A Class 4 felony in Arizona is a mid-range criminal offense that carries a presumptive prison sentence of 2.5 years for a first-time, non-dangerous conviction, with the possible term running from 1 year at the mitigated end to 3.75 years at the aggravated end. Arizona sorts felonies into six classes; Class 1 is the most serious and Class 6 the least, so Class 4 sits in the middle of the ladder. What actually happens in your case depends on three things: whether you have prior felony convictions, whether the offense is classified as “dangerous,” and which aggravating or mitigating factors the judge finds at sentencing.

First-Time, Non-Dangerous Sentencing Range

If you have no prior felony convictions and the offense did not involve a deadly weapon or serious physical injury, these are the sentencing options for a Class 4 felony:1Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition

  • Mitigated: 1 year
  • Minimum: 1.5 years
  • Presumptive: 2.5 years
  • Maximum: 3 years
  • Aggravated: 3.75 years

The presumptive term is the starting point. The judge imposes it unless there is a reason to go higher or lower. Moving to the minimum or maximum takes at least one aggravating or mitigating factor. Reaching the mitigated or aggravated ends takes at least two.1Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition

What Prior Felonies Do to the Sentence

Prior convictions change the math dramatically. Arizona sorts repeat offenders into categories, and the ranges climb hard.2Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing

With one prior felony conviction, the non-dangerous Class 4 range becomes:

  • Mitigated: 2.25 years
  • Minimum: 3 years
  • Presumptive: 4.5 years
  • Maximum: 6 years
  • Aggravated: 7.5 years

With two or more prior felony convictions:

  • Mitigated: 6 years
  • Minimum: 8 years
  • Presumptive: 10 years
  • Maximum: 12 years
  • Aggravated: 15 years

Same offense, three very different worlds. A first-time Class 4 might mean 2.5 years; the same conduct with two prior felonies on the record can mean a decade or more.2Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing

When the Offense Is Classified as Dangerous

If the Class 4 felony involved a deadly weapon or caused serious physical injury, it becomes a “dangerous offense” and the rules shift. Prison is mandatory. The court cannot suspend the sentence or grant probation, and early release is limited to specific statutory provisions.3Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing

  • Minimum: 4 years
  • Presumptive: 6 years
  • Maximum: 8 years

No probation, no suspended sentence, no pardon eligibility until the full term is served. Even a first-time offender goes to prison.3Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing

Fines, Restitution, and Probation

Beyond prison, a Class 4 felony conviction can carry a fine of up to $150,000. That cap applies across all Arizona felony classes; the judge sets the amount for the specific offense.4Arizona Legislature. Arizona Code 13-801 – Fines for Felonies Courts also commonly order restitution to victims, which is a separate obligation on top of any fine.

For non-dangerous first offenses, probation is often available instead of prison. A Class 4 probation term can run up to four years, and the court may attach conditions such as drug testing, community service, regular reporting to a probation officer, and travel restrictions.5Arizona Legislature. Arizona Code 13-902 – Probation; Term If restitution remains unpaid at the end of the term, probation can be extended by up to five additional years.

Offenses That Are Class 4 Felonies

Dozens of crimes in Arizona’s criminal code carry a Class 4 classification. Some of the more common ones:

Drug Possession Is Handled Differently

If your charge is personal possession or use of a controlled substance, Arizona treats it differently from other Class 4 felonies. Under Proposition 200, a voter-approved law, qualifying defendants are eligible for probation instead of prison, and the court is required to grant it.15Arizona Legislature. Arizona Code 13-901.01 – Probation for Persons Convicted of Possession or Use of Controlled Substances

The law does not cover possession for sale, manufacturing, or transportation. It also excludes anyone previously convicted of a violent crime. For certain drugs (methamphetamine, amphetamine, LSD, and PCP), a first-time offender with no prior felony record may have the charge reduced to a Class 1 misdemeanor, or the court may defer designation of the offense until probation is completed.12Arizona Legislature. Arizona Code 13-3407 – Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Dangerous Drugs; Classification

How a Judge Chooses Within the Range

Arizona law lists specific circumstances the court weighs when moving above or below the presumptive term.16Arizona Legislature. Arizona Code 13-701 – Sentence of Imprisonment for Felony; Presentence Report; Aggravating and Mitigating Factors

Aggravating factors that can push a sentence up include:

  • Causing or threatening serious physical injury
  • Using or possessing a deadly weapon during the offense
  • Committing the crime in an especially cruel or depraved manner
  • Targeting a victim aged 65 or older, or a victim with a disability
  • Committing the offense while holding a public office in a role related to the crime
  • A prior felony conviction within the last ten years

Mitigating factors that can pull a sentence down include:

  • The defendant’s young age
  • Significantly impaired ability to understand the wrongfulness of the conduct
  • Acting under unusual or substantial duress
  • Playing only a minor role in the offense
  • Any other factor relevant to the defendant’s character or the circumstances of the crime

That last provision is broad. Defense attorneys routinely raise military service, mental health conditions, family responsibilities, and lack of criminal history under it. For first-time offenders, aggravating factors must be proven beyond a reasonable doubt to a jury, or admitted by the defendant, before a judge can go above the presumptive term.1Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition

Consequences That Outlast the Sentence

Prison and fines aren’t the whole picture. A felony conviction carries civil and practical consequences that continue after the sentence ends.

Firearms

Arizona classifies anyone convicted of a felony as a “prohibited possessor.” You cannot legally own or carry a firearm until your civil rights have been formally restored, and possessing a gun while prohibited is itself a separate felony.17Arizona Legislature. Arizona Code 13-3101 – Definitions

Voting, Office, and Jury Service

A felony conviction suspends your right to vote, hold public office, and serve on a jury. With a single Arizona felony conviction, voting rights are restored automatically once you have completed all terms of your sentence, including restitution. No application is required.18Arizona Secretary of State. Restoration of Voting Rights in Arizona Summary of Recent Legislation With multiple felony convictions, automatic restoration does not apply; you must file an application with the Superior Court, and the decision rests with the judge.

Employment and Licensing

A felony conviction can appear on employment background checks with no time limit under federal law, and many Arizona professional licenses require disclosure of felony convictions and may be denied or revoked based on them.

Immigration

For non-citizens, a Class 4 felony conviction can trigger deportation or bar future entry to the United States. Offenses involving theft, fraud, or intent to cause bodily harm are frequently treated as “crimes involving moral turpitude” under federal immigration law. Even a conviction that results in probation rather than prison can be enough to start removal proceedings.

Cleaning Up the Record Later

Arizona provides two post-conviction remedies that can limit the lasting damage: setting aside the judgment of guilt, and sealing your criminal record. They are separate processes with different effects.

Setting Aside a Conviction

After completing every condition of your sentence, including probation, fines, and restitution, you can apply to have the judgment of guilt set aside. There is no filing fee. The court considers the nature of the offense, your compliance with sentencing conditions, any subsequent convictions, and how much time has passed. If the court grants the application and at least two years have passed since you finished your sentence, you also receive a “certificate of second chance,” which can help with employment and licensing applications. Set-aside is not available for dangerous offenses, crimes requiring sex offender registration, or felonies committed against children under 15.19Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge

Sealing Records

Arizona also allows eligible individuals to petition to have arrest, conviction, and sentencing records sealed. For a Class 4 felony, you must wait at least five years after completing all non-monetary conditions of your sentence before filing. Sealed records are generally hidden from public view, including most background checks. Sealing is not available for every Class 4 felony, though. Dangerous offenses, crimes involving deadly weapons or serious physical injury, dangerous crimes against children, and certain sexual offenses are excluded, as are Class 4 felonies falling under Arizona’s sexual offense or drug-related chapters (Chapters 14 and 35.1 of Title 13).20Arizona Legislature. Arizona Code 13-911 – Sealing of Arrest, Conviction and Sentencing Records