Felony Charges in Arizona: Classes, Sentencing, and Consequences

A felony charge in Arizona means you are facing a case that can carry anywhere from four months in prison to a life sentence, depending on which of the state’s six felony classes applies and whether you have prior convictions. Arizona also treats certain offenses as “dangerous,” which removes probation from the table and triggers a harsher prison grid. And a conviction reaches far past the sentence itself: you lose the right to vote until you finish your term, you become a prohibited firearms possessor under both state and federal law, and a non-citizen can face mandatory deportation. Here is how the classes, penalties, and long-term consequences actually work.

The Six Felony Classes

Arizona organizes felonies into six classes under Title 13. Class 1 is the most serious and Class 6 the least. The class controls the potential prison sentence, the fine ceiling, and how long probation can last.

Class 1 is reserved for first-degree and second-degree murder and has its own sentencing scheme separate from the standard felony grid.
Class 2 covers offenses like manslaughter, armed robbery, sexual assault, and manufacturing methamphetamine.
Class 3 includes residential burglary, assault with a deadly weapon, and auto theft.
Class 4 covers offenses like possession of a dangerous drug for personal use and certain types of aggravated assault.
Class 5 includes aggravated domestic violence, credit card theft, and stalking.
Class 6 is the lowest felony class, covering offenses like possession of drug paraphernalia and witness tampering. A Class 6 can sometimes be reduced to a misdemeanor.

A judge can impose a fine of up to $150,000 for any felony conviction on top of prison or probation.¹

Prison Time for a First-Time, Non-Dangerous Felony

For someone convicted of a non-dangerous felony with no prior felony record, ARS 13-702 sets five sentencing tiers for each class: mitigated, minimum, presumptive, maximum, and aggravated. The presumptive term is the judge’s starting point, and the facts of the case move the sentence up or down from there.

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

These are the ranges only for first-time, non-dangerous felonies. A repetitive offender or a dangerous designation changes the math entirely.²

How Prior Convictions Raise Sentences

Arizona increases prison terms sharply for repeat offenders. Under ARS 13-703, the grid expands based on how many prior felony convictions a defendant carries. A “category two” repetitive offender has one prior felony; a “category three” repetitive offender has two or more.

Take a Class 3 felony. A first-time offender faces a presumptive sentence of 3.5 years. A category two repeat offender faces 6.5 years presumptive for the same offense. A category three repeat offender faces 11.25 years presumptive.

The jump is steeper at the higher classes. A first-time Class 2 conviction carries a 5-year presumptive term. For a category three repeat offender, the same Class 2 conviction carries a 15.75-year presumptive term and an aggravated maximum of 35 years.³

Dangerous Offense Designation

A felony classified as “dangerous” involves the use or threatening display of a deadly weapon, or the intentional infliction of serious physical injury. The designation changes everything. A dangerous finding makes a defendant ineligible for probation and triggers a separate, harsher prison grid under ARS 13-704.

For a first dangerous offense:

Class 2: 7 to 21 years, with a 10.5-year presumptive term.
Class 3: 5 to 15 years, with a 7.5-year presumptive term.
Class 4: 4 to 8 years, with a 6-year presumptive term.
Class 5: 2 to 4 years, with a 3-year presumptive term.
Class 6: 1.5 to 3 years, with a 2.25-year presumptive term.

These numbers climb again for defendants with prior dangerous felony convictions. A dangerous Class 2 conviction with two or more prior dangerous felonies carries a minimum of 21 years and a maximum of 35 years.⁴

Dangerous crimes against children sit in their own category. Sexual assault of a child under 12 carries a mandatory life sentence with no possibility of release for 35 years. Other dangerous crimes against children carry mandatory minimums ranging from 10 to 25 years depending on the offense and the defendant’s history.⁵

What Moves a Sentence Up or Down

Within any sentencing range, a judge decides where the number lands. ARS 13-701 lists the aggravating factors that can push a sentence above the presumptive term: inflicting serious physical injury, using a deadly weapon, having an accomplice, committing the crime for financial payment, committing the offense while serving as a public official, targeting a victim over 65 or a person with a disability, and wearing body armor during the offense. Bias motivation — malice toward a victim because of race, religion, sexual orientation, or another protected characteristic — also counts as an aggravator.

Mitigating factors that can pull the sentence below presumptive include the defendant’s age, a minor role in the offense, acting under unusual pressure or duress, limited criminal history, and any other factor the court considers relevant to reducing culpability.⁶

Probation, and Why Prison Sentences Are Nearly the Full Number

For many non-dangerous felonies, a judge can impose probation instead of prison. Maximum probation terms run up to 7 years for a Class 2, 5 years for a Class 3, 4 years for a Class 4, and 3 years for a Class 5 or 6. Sex offenses and certain other serious crimes can carry probation terms extending up to life if the judge finds it serves the interests of justice.⁷

Probation is off the table when the offense is dangerous. A dangerous finding means mandatory prison, with no option for a suspended sentence.

When prison is imposed, the length on paper is close to the length actually served. Arizona abolished parole for offenses committed on or after January 1, 1994. Under the state’s truth-in-sentencing law, an inmate serves the entire court-imposed sentence, with one exception: earned release credit of one day off for every six days served with good behavior. That works out to roughly 85% of the sentence before release is possible. A 10-year sentence means about 8.5 years behind bars at minimum. No parole board, no early release hearing.⁸

The Class 6 Wobbler and First-Time Drug Possession

Class 6 felonies occupy a unique spot in Arizona law. Under ARS 13-604, a judge who believes a felony sentence would be unfairly harsh can enter a Class 1 misdemeanor conviction instead, or leave the offense “undesignated” while the defendant is on probation. An undesignated offense is treated as a misdemeanor during that time; successful completion of probation locks in the misdemeanor permanently, while a violation lets the court designate it a felony. The prosecutor can also charge a Class 6 as a misdemeanor from the start.

Two or more prior felony convictions close this door.⁹

A similar off-ramp exists for first-time personal-use drug possession. Under ARS 13-3407, simple possession of a dangerous drug is a Class 4 felony, but for a first offense the court can enter a misdemeanor conviction or place the defendant on probation without designating the offense at all. The option disappears if the drug is methamphetamine, amphetamine, PCP, or LSD, or if the defendant has a prior felony or prior drug conviction. Possession for sale is a Class 2 felony, as is manufacturing or transporting for sale.¹⁰

How a Felony Case Moves Through Court

After a felony arrest, the defendant must be brought before a judge for an initial appearance within 24 hours. The judge explains the charges, informs the defendant of constitutional rights, and sets conditions for release such as bail or bond.

The prosecution then has to establish probable cause. That can happen through a preliminary hearing in open court, or through a grand jury that meets in closed session and decides whether to issue an indictment. Grand jury proceedings are more common in Arizona, and defendants have no right to present evidence or cross-examine witnesses there. If probable cause is found, the case moves to arraignment, where the defendant enters a formal plea.¹¹

Most cases resolve by plea rather than trial. Judges are not bound by the prosecutor’s sentencing recommendation, so a plea deal that includes a recommendation for probation does not guarantee the judge will impose it. The court retains final sentencing authority regardless of what the parties agreed to.

Consequences That Follow a Felony Conviction

Voting Rights

A felony conviction suspends the right to vote. For a first-time felony offender, voting rights are automatically restored once probation or prison ends and all victim restitution has been paid. No court application is needed. Repeat felony offenders do not get automatic restoration; they must petition the superior court after final discharge, and the judge has discretion to grant or deny.¹²

Firearms

Anyone convicted of a felony in Arizona is a “prohibited possessor” and cannot legally possess a firearm. The prohibition also applies while a person is on felony probation, parole, or community supervision.¹³

Federal law adds a parallel ban. Under 18 U.S.C. 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing firearms. Even if a state conviction is set aside or civil rights are restored, the federal prohibition may still apply unless the restoration explicitly includes firearm rights. The ATF has been unable to process individual relief applications since 1992, when Congress stopped funding the program.¹⁴

Employment and Licensing

Most employment applications ask about criminal history, and many employers run background checks. Under the federal Fair Credit Reporting Act, background screening companies cannot report arrests or non-conviction records older than seven years, but actual convictions have no federal reporting time limit. Arizona licensing boards can deny applications based on felony convictions, particularly for auto-related felonies within the prior 10 years or other felonies within the prior 5 years, depending on the profession.

Immigration

A felony conviction can be catastrophic for anyone who is not a U.S. citizen. Federal immigration law uses its own category, the “aggravated felony,” which covers more than 30 types of offenses including murder, drug trafficking, and theft or fraud with a sentence of at least one year.¹⁵

The label is misleading. A state offense does not have to be classified as a “felony” to qualify as an aggravated felony for immigration purposes. A misdemeanor theft with a one-year sentence can trigger mandatory deportation, a permanent bar on re-entry, ineligibility for asylum, and ineligibility for cancellation of removal no matter the hardship to U.S. citizen family members. Non-citizens who are not lawful permanent residents may be deported through an expedited administrative process without a hearing before an immigration judge. Crimes involving moral turpitude, such as fraud, domestic violence, and offenses showing intent to cause serious harm, create separate grounds for deportation and inadmissibility. Any non-citizen facing felony charges in Arizona should talk to an immigration attorney before accepting a plea, because a resolution that looks favorable under state criminal law can still carry permanent immigration consequences.

Setting Aside a Conviction After the Sentence Ends

Arizona does not offer traditional expungement. Under ARS 13-905, a person who has completed all terms of their sentence or probation can ask the court to set aside the judgment of guilt. A set-aside does not erase the conviction from the record, but it releases the person from most penalties and disabilities that flow from it.

The court weighs the nature of the offense, compliance with sentence terms, any prior or subsequent convictions, the victim’s input, how much time has passed since the sentence ended, and the applicant’s age at the time of the offense. There is no filing fee.

Certain convictions cannot be set aside: dangerous offenses, offenses requiring sex offender registration, offenses with a finding of sexual motivation, and felonies where the victim was under 15 years old.¹⁶

A set-aside does not automatically restore the right to possess a firearm. That takes a separate application, and even a successful state restoration may not lift the federal firearms ban. Anyone trying to restore firearm rights after a felony conviction should consult both the State Attorney General’s Office and an attorney familiar with federal firearms law before assuming the prohibition is gone.¹⁴

1
Arizona Legislature. Arizona Code 13-801 – Fines for Felonies
2
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition
3
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
4
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
5
Arizona Legislature. Arizona Code 13-705 – Dangerous Crimes Against Children
6
Arizona Legislature. Arizona Code 13-701 – Sentence of Imprisonment for Felony; Presentence Report
7
Arizona Legislature. Arizona Code 13-902 – Probation
8
Arizona Legislature. Truth in Sentencing Issue Brief
9
Arizona Legislature. Arizona Code 13-604 – Class 6 Felony; Designation
10
Arizona Legislature. Arizona Code 13-3407 – Possession, Use, Administration, Acquisition, Sale
11
Arizona Judicial Branch. Steps in a Criminal Case
12
Maricopa County Elections Department. Voting Rights Restoration
13
Arizona Legislature. Arizona Code 13-3101 – Definitions
14
Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
15
Legal Information Institute. 8 U.S.C. 1101(a)(43) – Aggravated Felony Definition
16
Arizona Legislature. Arizona Code 13-905 – Set Aside Conviction