The crimes reported in Arizona are generally categorized under infractions, misdemeanors, and felonies. Felonies are the gravest crimes, punishable by a prison sentence and a hefty court fine. Different felonies deserve different penalties based on the gravity of the crime and a defendant’s criminal history. Criminal court judges in Arizona use the Arizona felony sentencing chart to determine the exact penalty for a particular felony after a conviction.

This sentencing chart visually represents possible prison terms for a defendant convicted of a felony. It gives judges a sentencing range for most classes of felonies under the law, including repetitive felonies, dangerous felonies, and felonies committed by repeat offenders. The judge decides the exact sentence a defendant receives during sentencing.

A skilled criminal attorney can help you understand all this as you plan your defense and prepare for a trial. Learning about the penalty you will likely receive after a felony conviction can inform your decision-making, especially when choosing your defense techniques.

An Overview of the Arizona Felony Sentencing Chart

Arizona law covers all kinds of felonies. Some are graver than others in terms of sophistication and consequences. A felony sentencing chart is a predetermined representation of how judges should treat different felonies when determining and penalizing cases. Felonies are the most serious crimes under Arizona law. However, they are different since some felonies are graver than others. Arizona law categorizes felonies under various classes, from Class 2 to Class 6 felony offenses. Class 1 felonies represent the gravest felonies punishable by the harshest penalties under the law. Although Class 6 felonies are also severe, their sentence differs from those of Class 2, 3, 4, and 5 felonies.

In this chart, felonies are categorized according to how dangerous they are. Here is how the felony sentencing chart guides judges in determining the rightful sentence for a particular felony:

Class 2 Felonies

These are the most dangerous felonies in the state, and they include offenses like sexual assault, manslaughter, arson, armed robbery, sexual exploitation, and kidnapping. They carry the most significant prison sentences compared to other felonies. Prison penalties for Class 2 felonies range from three to thirty-five years, depending on the presence of aggravating or mitigating factors.

A first offender will likely receive a minimum of four to ten years in prison upon conviction. However, the judge can reduce the sentence to three years in the presence of mitigating factors. Mitigating factors are extenuating circumstances that reduce the severity of an offense or punishment. Being a first offender, demonstrating good character, and being remorseful are some examples of mitigating factors that can trigger a favorable sentence.

However, even a first offender can receive a harsh penalty due to aggravating factors after a Class 2 felony conviction. Aggravating factors are case circumstances that can increase the severity of an offense and possible penalties. They can be related to the offender or the victim. For example, committing a grave felony against a minor or an elderly person or accomplishing a grave felony with a dangerous weapon can worsen your case and lead to severe penalties. An aggravated Class 2 felony is punishable by up to 12.5 years in prison for a first offender.

Your criminal record can also determine the penalties you receive after a Class 2 conviction. A minimum sentence for a repeat offender is six years and a maximum of 18.5 years. The presence of mitigating factors can reduce your sentence to 4.5 years, whereas the sentence can increase to 2 years in the presence of aggravating factors.

Your sentence will likely be graver if you have two or more prior convictions for a Class 2 felony in your criminal record. The sentencing range is 14 (minimum sentence) and 28 (maximum). However, your sentence will still depend on whether there are aggravating or mitigating factors in your case. The presence of mitigating factors can reduce your sentence to 10.5 years, while aggravating factors can increase your sentence to 35 years.

Class 3 Felonies

These, too, are some of the gravest crimes under Arizona law. They include such offenses as burglary, some assault crimes, and drug crimes. Some dangerous crimes against minors, like sexual abuse of a minor, are also categorized as Class 3 felonies. Sentencing guidelines for these crimes also depend on the nature of the crime and the presence of aggravating or mitigating factors.

Penalties for a first offender for a Class 3 felony will likely include a minimum of 2.5 years and a maximum of 7 years in prison. Mitigating factors can reduce your sentence to up to two years, while aggravating factors increase the sentence to 8.75 years.

If you have a prior conviction for a Class 3 felony, your sentence will range between 4.5 and 13 years. Mitigating factors can reduce that to 3.5 years, while aggravating factors can increase it to 16.25 years.

If you have two or more prior convictions in your record for Class 3 felonies or any other severe felony, your prison sentence will range between ten and twenty years. Mitigating factors can reduce that sentence to 7.5 years, while aggravating factors can increase it to 25 years.

Class 4 Felonies

These include felonies like aggravated assault, theft, robbery, and some drug crimes. Specifically, theft of an item valued from $3,000 to $4,000, third-degree burglary, and possession of some narcotics and dangerous drugs are class 4 felonies. The Arizona felony sentencing chart determines penalties for these offenses according to the nature and severity of the crime.

For example, a first offender will receive a prison sentence ranging from 1.5 to 3 years. Mitigating circumstances can reduce that to one year, while aggravating circumstances can increase the sentence to 3.75 years.

A prior conviction for a Class 4 felony or an equivalent crime is punishable by a minimum of three years and a maximum of six years. Mitigating factors can reduce that sentence to 2.25 years, while aggravating factors can increase it to 7.5 years.

The sentence ranges from eight to twelve years if you have two or more prior convictions. In the presence of mitigating factors, the judge can reduce that to 6 years. However, the presence of mitigating factors can increase the sentence to 15 years.

Class 5 Felony Offenses

This category includes a wide range of crimes, including drug possession, fleeing police pursuit, shoplifting, rioting, and some aggravated assault and domestic violence crimes. Depending on the amount of drugs, a drug possession charge can be prosecuted as a Class 5 felony. Similarly, a class 5 felony charge for shoplifting will suffice, depending on the amount of shoplifted products. Other offenses under this category include criminal damage, rioting, failure to appear, stalking, and theft of items valued from $2,000 to $3,000.

A first offender in this category will likely receive a prison sentence of 0.75 to 2 years. A mitigating circumstance can reduce the sentence to 0.5 years, while an aggravating circumstance can increase it to 2.5 years.

An individual with one prior felony conviction may receive a prison sentence ranging from 1.5 to 3 years. Mitigating factors can reduce that to one year, while aggravating circumstances can increase it to 3.75 years.

A repeat offender with two or more prior convictions will receive a prison sentence ranging from 4 to 6 years. Mitigating factors can reduce the sentence to three years, while aggravating factors can increase it to 5.75 years.

Class 6 Felonies

These are the least dangerous but still severe felonies under Arizona law. They include offenses like aggravated assault, domestic violence involving a dangerous weapon, the unlawful discharge of a gun, possession of drug paraphernalia, driving under the influence, theft of items valued between $1000 and $3000, harassment, and unlawful imprisonment.

A first offender for a Class 6 felony will likely receive a prison sentence of 0.5 to 1.5 years. This sentence can decrease to 0.33 years or increase to two years in the presence of mitigating and aggravating factors respectively.

The sentence for a repeat offender will be slightly higher, ranging from one to 2.25 years. The judge can reduce your sentence to 0.75 or increase it to 2.75 years if your case has aggravating or mitigating circumstances.

A repeat offender with at least two prior felonies in their criminal record will be sentenced to between 3 and 4.5 years in prison. That can change to 2.25 or 5.75 years in the presence of aggravating or mitigating circumstances, respectively.

How To Interpret Sentencing Guidelines

If facing a felony charge, the likelihood of a severe penalty can cause stress and confusion. Reviewing the Arizona felony sentencing chart with your attorney can help you understand the possible prison time for your particular crime. However, the chart may not provide precise information, especially if there are aggravating or mitigating factors in your case. Here are some steps that could help you determine your sentence. Having this information will aid in decision-making, especially in the kind of defense you should choose for a favorable sentence:

• Find out if your crime is a dangerous felony under California laws.

• Determine if you face charges for a first or repeat offense

• Consider any prior convictions in your criminal record that could aggravate your penalties

• Find out the classification under which your offense falls, whether Class 2, 3, 4, 5, or 6 felony

• Cross-check the sentencing range that applies to that classification from the felony sentencing chart

The number of years mentioned in the chart refers to the years you will likely serve in prison after the conviction. A sentence of 0.25 years represents three months, 0.5 years represents six months, and 0.75 years represents nine months.

A felony is considered dangerous if the following are true:

• You knowingly inflict a severe bodily injury on another person

• You use, threaten to use, or discharge a dangerous or lethal weapon against a person

A repetitive crime is a string or pattern of offenses that does not happen simultaneously as the underlying offense but is considered during the trial. For example, suppose you face a domestic violence charge and have two prior domestic violence convictions within four years. In that case, the previous convictions will likely affect the prosecution and penalties of the current one. A repeat offender will likely receive a more severe penalty for the subsequent offense than the previous one.

However, only eligible prior convictions affect a defendant’s current case. An eligible previous conviction is an earlier conviction on a defendant’s criminal record that will likely increase the sentence for a current conviction. If the current crime is dangerous, an eligible prior conviction must be for the same or another dangerous felony.

If the current offense is non-dangerous, an eligible prior conviction is any prior felony offense in your criminal record within a particular period. How long ago the prior conviction occurred matters in this case. Here are eligible prior felonies that can impact your current felony conviction:

• A Class 2 or 3 felony that occurred within ten years of the current felony

• A Class four, five, or six that occurred within five years of the current

• A dangerous crime against a minor aged 15 or younger

• Any dangerous offense

• A conviction for aggravated DUI

• A felony that carries a mandatory sentence

Find an Experienced Criminal Attorney Near Me

Facing felony charges in Phoenix is a cause for worry because of the severe penalties associated with felonies. Your exact penalties will depend on the type of felony you have committed (whether it is dangerous or not), your criminal history, and whether there are aggravating or mitigating circumstances in your case. The Arizona felony sentencing chart helps determine the possible penalty even before your trial. This prepares you for what to expect and informs your decision-making as you plan your defense.

We can help you understand how the felony sentencing chart works at Phoenix Criminal Attorney. We can also help you understand your options, rights, and the best strategies for a favorable outcome. Call us at 602-551-8092 to learn more about Arizona sentencing guidelines and our services.