Under Arizona Revised Statute 13-601, felonies are divided into six classes: Class 1 felonies through Class 6 felonies. Class 1 felonies are the most serious and include things like homicides in Arizona. Class 6 crimes, on the other hand, are the least serious. These offenses carry a maximum penalty of two years in prison. In certain circumstances, and with a good defense attorney, courts can even agree to charge a Class 6 felony as a misdemeanor.
Each type of criminal charge is unique depending on the facts of the case. Arizona felony offenses also have “boost categories” that increase the sentence. These categories include dangerous crimes, dangerous crimes against children, and repeat offenders. Some crimes, like possession of methamphetamine for sale, also have increased penalties.
Arizona Felony Classification
In order to determine what rank a judge is bound by, a court must determine to which crime class a particular crime belongs. Arizona ranks crimes from 1 to 6, with 1 being the most serious and 6 being the least serious.
Class 1 crimes have a separate penalty scheme from other crimes, which is discussed below. “Ordinary” crimes are governed by Arizona Revised Statutes (“ARS”) 13-702 and 703. “Dangerous” crimes fall under ARS 13-704 and “dangerous crimes against children” fall under ARS 13-705.
Penalties for dangerous crimes against children and sex crimes
Penalties for these types of crimes can be severe. For example, a rape or sexual assault conviction could result in a mandatory minimum sentence of five years in prison. The suspected prison sentence for rape is seven years, with a maximum of 14 years.
In most cases, the person must serve the full sentence without the possibility of parole.
DANGEROUS CRIMES
Dangerous crimes also have different penalties based on the number of criminal records. Next we will provide two charts. The first is for dangerous crimes with a historical record. A prior record is any Class 3 felony conviction committed within 10 years of the date of the current dangerous violation. Note that this does not imply a prior conviction for a dangerous crime. This chart is divided into First Offense, a Prehistory, and two Historical Records.
The second field is for repeated dangerous violations. Includes penalties for the second dangerous offense and the third and subsequent dangerous offenses.
Q: Can you get parole for a crime in Arizona?
Yes, first time offenders are eligible for parole in Arizona if they do not have a criminal record in Arizona or any other state where conviction in Arizona would be considered a felony. That being said, sentencing rests with the judge, so parole isn’t always guaranteed for first-time offenders.
The length of your probation period in Arizona depends on the class of your felony conviction. The maximum period of probation is 3 to 7 years, although the actual length may be shorter if the judge opts for the minimum sentence or the contingent sentence.