Pleading Guilty
Under Arizona law, crimes are classified as felonies (manslaughter, murder, rape, arson, and others) or misdemeanors (driving under the influence, trespassing, minor in possession, and others). The court’s decision can be influenced by whether or not a person pleads guilty in court.
If the individual is facing a fine, pleading guilty or no contest in court will allow the judge to consider the plea. If he or she is facing incarceration, the judge will almost certainly reject the guilty plea and rule “not guilty.” Payments for fines can be made immediately following the court hearing, or a payment plan can be established. A criminal conviction will then be kept on the individual’s record for the rest of his or her life.
Misdemeanor Sentencing
Misdemeanor offenses can result in a term of imprisonment in a county jail. An imprisonment may be served elsewhere under the supervision of the state department of corrections at times. Class 1 misdemeanors in Arizona carry a maximum prison sentence of six months. A Class 2 misdemeanor carries a maximum prison sentence of four months. A Class 3 misdemeanor, the least serious, carries a maximum jail sentence of thirty days.
Under certain circumstances, the court may rule that an individual is not eligible for early release and must serve the entire sentence in jail.
Misdemeanor Fines
Instead of a jail sentence, an individual guilty of a misdemeanor may be charged with a fine.
- Class 1 Misdemeanor fine can be as much as two thousand five hundred dollars, but not more.
- Class 2 Misdemeanor can have a fine up to seven hundred fifty dollars.
- Class 3 Misdemeanor can have a fine up to but no more than five hundred dollars. Petty offenses are the least severe and can have fines up to three hundred dollars.
A judge can order a person to pay a fine as well as serve time in jail for a misdemeanor. This is not uncommon, and it can apply to multiple misdemeanors at the same time, as well as previous misdemeanors.
Arizona Misdemeanor Expungement
Expungement laws are designed to assist deserving individuals in becoming more productive members of society. When a judgment is overturned, a person can legally state that he or she never committed the crime in question. Some cases cannot be expunged, but in the case of felonies, civil rights and the right to own a firearm may be restored.
Those who were wrongfully arrested may have their records sealed by the court, even if they were never convicted of a crime. In these types of cases, records can also be cleared. This will prevent the arrest from taking place.
Under Arizona law, some people are eligible to have their juvenile records expunged. This is contingent on a referral for no further action, placement in community programs, or delinquency adjudication.
