Felonies are very serious charges in Phoenix. Whereas misdemeanors carry a maximum six-month sentence in a local or county jail, felonies carry a minimum one-year sentence served in a state or federal prison. They also carry stiff financial penalties of up to $150,000 per felony count, with drug convictions potentially causing additional penalties. Depending on various circumstances, including where a crime takes place and its general nature, felonies can either be tried in a state or federal court.
- Felonies committed against the federal government, that occur in more than one state, or that have special circumstances are tried in federal court.
- Felonies committed against the state government and that occur only in Arizona are tried in a state court.
Felony Classes
There are six different classes of felonies ranging from most to least severe:
- Class 1 Felonies.
- Class 2 Felonies.
- Class 3 Felonies.
- Class 4 Felonies.
- Class 5 Felonies.
- Class 6 Felonies.
It is essential to understand that even a class 6 felony is incredibly damaging to your public record. Therefore, if you are facing felony charges of any kind, it is extremely important to retain a competent, aggressive defense attorney who will fight for your legal rights.
Let’s take a look at how the different felony classes are treated in terms of sentencing…
Class 1 Felonies
Class 1 felonies are the most serious of all felony crimes. The two class 1 felonies in Phoenix are first and second degree murder. A first-degree murder conviction carries either a life sentence or the death penalty. A second-degree murder conviction carries a sentence of 16 years to life in prison (Ariz. Rev. Stat. §§ 13-705, 13-706, 13-710, 13-1104, 13-1105).
Class 2 Felonies
The sentencing for a class 2 felony (and every other less severe felony) depends on whether or not aggravated terms are met. Aggravated terms may apply if a crime is committed in an especially cruel or heinous manner, is committed against a person over 65 years of age, includes an accomplice, is perpetrated for monetary gain, just to name a few aggravators. In Phoenix, the standard (or presumptive) amount of sentencing time for a class 2 felony is five years in prison, and the aggravated sentence length is 12.5 years in prison (Ariz. Rev. Stat. § 13-701).
Class 3 Felonies
In Arizona, the presumptive term for class 3 felonies is 3.5 years in prison, and the aggravated term is 8.75 years in prison.
Class 4 Felonies
In Arizona, the presumptive term for class 4 felonies is 2.5 years in prison, and the aggravated term is 3.75 years in prison.
Class 5 Felonies
In Arizona, the presumptive term for class 5 felonies is 2 years in prison, and the aggravated term is 2.5 years in prison.
Class 6 Felonies
Being the least serious felony charge, class 6 felonies carry a presumptive term of one year in prison, and an aggravated term of 2 years in prison. Under certain circumstances, a judge can choose to reclassify a class 6 felony as a class 1 misdemeanor, and then levy jail time or fines accordingly.
Additional Felony Considerations
In Phoenix, judges can determine mitigating circumstances, which include taking your age or role into account when deciding sentencing. If mitigating circumstances are present, shorter sentencing terms can apply.
If you have two or more prior felonies on your record, or at least one aggravated felony, Arizona law allows a judge to sentence you to a longer prison term than the current felony charge mandates (Ariz. Rev. Stat. §§ 13-703, 13-704, 13-706).
For most felonies, Phoenix has a seven-year statute of limitations; meaning that prosecution must begin within seven years of the date the state became aware a crime was committed. However, there is no statute of limitations for very severe felonies like murder.
Trust Phoenix Criminal Attorney With Your Felony Defense in Phoenix
Being convicted of a felony can seriously affect you personally and professionally for the rest of your life. This includes serving a significant amount of jail time, having to repay hefty fines, and even facing capital punishment sentencing where special circumstances are present.
Phoenix Criminal Attorney provides our clients with focused legal assistance for even the most severe felony charges. We will not stop fighting for your rights by making sure that every possible legal option and defense strategy is available to you. If you have been charged with any class of felony offense in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
