Class 6 Felony in Arizona: Penalties, Fines, and Rights

A Class 6 felony in Arizona is the least serious felony the state recognizes, sitting one step above a Class 1 misdemeanor. A first-time offender convicted of a non-dangerous Class 6 felony faces a prison range from about four months to two years, with a presumptive term of one year, and probation is commonly available. What sets this class apart from every other felony is the “wobbler” rule: in many cases, a Class 6 felony can be treated as a misdemeanor instead.

Prison Range and Probation for a First Offense

For a first-time offender convicted of a non-dangerous Class 6 felony, Arizona law lays out five sentencing tiers:

Mitigated: 4 months
Minimum: 6 months
Presumptive: 1 year
Maximum: 1.5 years
Aggravated: 2 years

The presumptive term is the starting point. Judges move up toward the aggravated end based on factors like the severity of harm, and down toward the mitigated end based on things like cooperation or a clean history.¹

Probation is available for most first-time non-dangerous Class 6 offenders, and judges grant it frequently at this level. When the court orders probation, conditions often include community service, counseling, regular check-ins with a probation officer, and payment of any restitution owed to the victim.

When a Class 6 Felony Can Be Reduced to a Misdemeanor

This is the most important feature of Class 6 charges. Under ARS 13-604, a Class 6 felony that does not involve a dangerous offense can be treated as a Class 1 misdemeanor. The difference on your record is substantial for employment, housing, and civil rights.

The reduction can happen three ways. The prosecutor can file the case as a misdemeanor from the start, even if the conduct technically qualifies as a Class 6 felony. After conviction, a judge who believes a felony sentence would be “unduly harsh” can enter judgment as a Class 1 misdemeanor right away. Or the judge can leave the offense “undesignated” and place you on probation; while probation runs, an undesignated offense is treated as a misdemeanor for most purposes, and successful completion causes the court to designate it a misdemeanor permanently.²

There is one hard limit. Defendants with two or more prior felony convictions cannot use the wobbler at all. For them, a Class 6 felony stays a felony.²

Common Class 6 Felony Charges

Arizona classifies a wide range of conduct at this level. The most frequently charged include:

Theft of property or services valued at $1,000 or more but less than $2,000.³
Possession of drug paraphernalia with intent to use it for controlled substances other than marijuana, which was carved out by voter-approved legalization.⁴
Unlawful imprisonment.
Criminal impersonation.
Certain forms of aggravated assault and resisting arrest.

Circumstances often decide whether conduct lands at Class 6 or a higher class. A deadly weapon, the victim’s age, or the defendant’s intent can push what looks like a lower-level offense into a more serious felony class.

How a “Dangerous” Designation Changes the Sentence

Arizona defines a “dangerous offense” as one involving the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional infliction of serious physical injury.⁵ Once that label attaches, the numbers change and options disappear.

A first-offense dangerous Class 6 felony carries 1.5 years minimum, 2.25 years presumptive, and 3 years maximum. With one prior dangerous felony, the range moves to 3 years minimum, 3.75 presumptive, and 4.5 maximum. Two or more priors push it to 4.5 minimum, 5.25 presumptive, and 6 maximum.⁶

A person sentenced under the dangerous offender statute is not eligible for probation, suspended sentence, or pardon until the full sentence has been served. Mandatory prison time is the biggest practical gap between a dangerous and non-dangerous Class 6 felony.⁶

How Prior Convictions Raise the Numbers

Repeat offenders face substantially longer sentences even on non-dangerous charges. With one prior felony conviction, a Class 6 case carries 9 months (mitigated) to 2.75 years (aggravated), with a presumptive term of 1.75 years. With two or more priors, the range runs 2.25 years to 5.75 years, presumptive 3.75.⁷

Priors also cut off the wobbler for anyone with two or more felony convictions, so the misdemeanor route is unavailable.² Probation grows much harder to obtain, and judges are often required to impose prison time.

Fines

A Class 6 felony conviction can carry a fine of up to $150,000.⁸ Courts add mandatory surcharges, court fees, and victim restitution on top of the base fine, so the total owed usually runs higher than the headline number.

What Happens to Your Rights After a Conviction

Sentencing is only part of the cost. A felony record creates lasting obstacles even after you finish your time.

Voting

A felony conviction suspends your right to vote. For a first felony, voting rights are restored automatically once you complete probation or imprisonment and pay all fines and restitution.⁹ With two or more convictions, restoration is not automatic. You must apply to the Superior Court in the county of conviction, and you cannot apply until at least two years after discharge.

Firearms

Automatic civil rights restoration does not include gun rights. Anyone convicted of a felony is a “prohibited possessor” under Arizona law and cannot legally own or carry a firearm until that specific right is restored through a separate court process.¹⁰ Voting rights coming back does not restore this one.

Employment

Public employers in Arizona cannot deny a job unless the conviction has a “reasonable relationship” to the duties of the position. Occupational licensing boards generally cannot deny a license based on a felony conviction older than seven years, unless the offense implicates public safety. Private employers running background checks will still see the conviction, and the practical effect on job prospects can be significant.

Getting the Conviction Set Aside

Arizona does not offer true expungement for most felonies. Expungement, which removes a conviction entirely, is available only for marijuana-related offenses. What Arizona offers instead is a “set aside.”

A set-aside releases you from “all penalties and disabilities” resulting from the conviction. The record still shows the conviction, but with a notation that the judgment was set aside. Employers and landlords running background checks can still see it, though the notation signals that a court reviewed the case and granted relief.¹¹

You must first complete your sentence or probation and receive a discharge from the court. There is no filing fee. The court weighs the nature of the offense, your compliance with probation, any later convictions, the victim’s input, how much time has passed since discharge, and your age at the time of the original conviction.¹¹

Set-aside is unavailable if the conviction involved a dangerous offense, required sex offender registration, involved a finding of sexual motivation, or involved a felony with a victim under fifteen.¹¹

How Long the State Has to File Charges

Prosecutors have seven years from the date of the offense to file charges for any felony from Class 2 through Class 6. That seven-year window applies to a Class 6 case even if the offense is later designated as a misdemeanor through the wobbler. The clock starts on the date the crime was committed.¹²

1
Arizona Legislature. Arizona Revised Statutes 13-702 – First Time Felony Offenders Sentencing Definition
2
Arizona Legislature. Arizona Revised Statutes 13-604 – Class 6 Felony Designation
3
Arizona Legislature. Arizona State Legislature HB2581 Fact Sheet
4
Arizona Legislature. Arizona Revised Statutes 13-3415 – Possession, Manufacture, Delivery and Advertisement of Drug Paraphernalia
5
Arizona Legislature. Arizona Revised Statutes 13-105 – Definitions
6
Arizona Legislature. Arizona Revised Statutes 13-704 – Dangerous Offenders Sentencing
7
Arizona Legislature. Arizona Revised Statutes 13-703 – Repetitive Offenders Sentencing
8
Arizona Legislature. Arizona Revised Statutes 13-801 – Fines for Felonies
9
Arizona Legislature. Arizona Revised Statutes Title 13 – 13-912 Automatic Restoration of Civil Rights for First Offenders
10
Arizona Legislature. Arizona Revised Statutes Title 13 Criminal Code 13-3101
11
Arizona Legislature. Arizona Revised Statutes 13-905 – Setting Aside Judgment of Convicted Person on Discharge
12
Arizona Legislature. Arizona Revised Statutes 13-107 – Time Limitations