Arizona Felony

Felony Classifications in Arizona

Arizona divides crimes into two categories: felonies and misdemeanors. These classifications have the greatest impact on the type of punishment or punishments that will be administered. The more serious the crime, the harsher the punishment.

Class 1 felonies are the most serious in Arizona and are at the top of the list. This type of felony can result in life in prison or as little as 25 years in a state penitentiary. For those who have committed crimes classified as Class 1 felonies, the death penalty is also an option. This is usually reserved for cases of first-degree murder.

Class 2 felonies are the next level of felony, with sentences ranging from three and a half to five years in prison. Normally, these sentences are served in a state prison. A Class 3 Felony can result in up to three and a half years in prison, while a Class 4 Felony can result in up to two and a half years in prison. A Class 5 Felony is punishable by up to one and a half years in a state facility, and a Class 6 Felony is punishable by up to one year in a state facility.

These sentences are all for first-time offenders. The amount of time served for a second offense is frequently doubled or tripled. Some sentences may also become more common in classes. A third-time offender of a Class 5 Felony, for example, could be sentenced to a Class 4 Felony instead.

These sentences are subject to change at the discretion of the sentencing judge. All felony sentences must be served in state prison rather than a county jail.

Imprisonment for a Felony

The crime committed determines all felony imprisonments. The felony class determines the minimum and maximum number of years a person may serve in state prison. Sections 13-604 of the Arizona code contain all exceptions to this law.

After being incarcerated, an individual may not be transferred without the proper paperwork from a sentencing judge.

Felony Expungement in Arizona

Arizona expungement is intended to assist individuals in becoming more productive in their lives following an arrest. However, expungement has its limitations. Most felonies cannot be expunged due to their severity, but in certain circumstances, expungement is possible. Those who have served felony sentences can have their civil rights restored. Firearm privileges may also be restored to felons in federal or state court for an additional $75 fee.

Probation can also be terminated early under certain conditions. The court will consider factors such as the seriousness of the offense, the criminal history, and the potential benefit to society.

Those who have been wrongfully arrested, charged, indicted, or convicted have the option of sealing their records. Sealing records keeps them out of the public eye and only places them in the hands of the appropriate authorities. Most juvenile records, regardless of crime, can be sealed.

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