The state of Arizona follows a mandatory sentencing scheme for felony offenders. What this means is that when determining the sentence for a defendant, the judge will look at certain factors to see what range the crime falls into. The Arizona felony sentencing chart can help those convicted of a felony anticipate what punishment they may be up against.

At Belén Law Firm, our legal team has an extensive knowledge of Arizona’s sentencing laws and guidelines. If you find yourself in legal trouble and are curious as to what sentence you may be looking at, we’ve provided charts for each category below.

If you seek professional counsel and aggressive representation for your case to avoid these harsh sentences, reach out any time by calling our 24-hour criminal defense team at (602) 715-0908.

How Long Do You Go To Jail for a Felony?

Under Arizona law, jail or prison time for a felony conviction varies based on the class of felony, the nature of the offense, and any aggravating factor (or factors) that could impact the defendant’s sentence. This includes the crime’s severity, whether it is classified as a dangerous crime, and the defendant’s criminal record.

Felonies in Arizona are categorized from Class 1 (the most serious) to Class 6 (the least severe), each with specific sentencing ranges. For first-offense, non-dangerous crimes committed in Arizona, you may face the following penalties:

  • Class 1 Felony: Life imprisonment or even the death penalty for the most severe crimes
  • Class 2 Felony: 3 to 12.5 years in prison, but this increases with aggravating factors or for repeat offenders
  • Class 3 Felony: 2 to 8.75 years in prison, depending on any prior convictions or aggravating factors
  • Class 4 Felony: 1 to 3.75 years in prison, with potential extensions based on prior criminal history
  • Class 5 Felony: 6 months to 2.5 years in prison
  • Class 6 Felony: 4 months to 2 years in prison, generally the lightest sentencing range for felonies

Arizona Sentencing Guidelines

The sentencing guidelines for regular felonies in Arizona fall under sections 13-702 and 13-703 of the Arizona Revised Statutes. Meanwhile, A.R.S. 13-704 covers dangerous offenses and 13-705 covers dangerous crimes against children.

As we mentioned before, there are multiple factors that a judge must consider to establish what categories criminal offenses fall into. The factors that a judge will look at include whether the crime was a dangerous or non-dangerous offense, the defendant’s age, whether the defendant has any historical priors, and whether the crime was a repeat or first offense.

In the state of Arizona, first-degree murder and second-degree murder are the only crimes charged as Class 1 felonies. Class 1 felonies are not included in the Arizona felony sentencing chart. First-degree murder charges in Arizona are punishable by life in prison or the death penalty. Second-degree murder charges in Arizona are punishable by anywhere from 16 years to life imprisonment.

A dangerous felony is one that is a serious and violent offense. Dangerous crimes possess certain aggravating factors, which in turn lead to an aggravated sentence. In addition to both first and second-degree murder, these charges include:

Factors Considered When Determining a Mitigated or Aggravated Sentence 

When sentencing for felony crimes in Arizona, the court considers both mitigating and aggravating factors to adjust the punishment within a certain range. For a first-time offender charged with a non-dangerous felony, both types of factors are evaluated to determine whether the sentence should be reduced (mitigated) or increased (aggravated).

To qualify for mitigated sentences, the defendant must demonstrate at least two mitigating factors. A mitigating factor includes elements such as the defendant’s participation (or lack thereof), the defendant’s age, or any other relevant factor showing less culpability. This can help reduce jail time for defendants with minimal prior involvement or certain personal circumstances.

On the other side of things, for an aggravated sentence, there must be at least two aggravating factors. These may also involve the victim’s age as well as the use of a deadly weapon or dangerous instrument, the presence of an accomplice, or other factors indicating a higher level of threat or harm.

Historical Prior Felony Convictions

One of the most significant factors in determining sentencing for a felony offense in Arizona is the defendant’s criminal history, especially any prior felonies they may have. Courts look closely at whether the defendant is a first-time offender or a repeat offender.

For a first-time offender, sentences are often at the lower end of the range, allowing for leniency and opportunities for rehabilitation. However, repeat offenders with a prior offense or multiple prior felonies face much harsher sentencing. For these individuals, the court often imposes longer prison terms and fewer options for reduced penalties.

AZ Sentencing Chart

GENERAL CRIMES

With the exception of certain drug convictions, anyone convicted of a first offense, non-dangerous felony is eligible for probation. The sentencing chart for general crimes includes the class of the offense, the mitigated prison sentence, the mandatory minimum sentence, the presumptive sentence, the mandatory maximum sentence, and the aggravated prison sentence.

The sentencing range is as follows:

Arizona Felony Sentencing Chart

NON-DANGEROUS CRIMES WITH PRIOR CONVICTIONS

The sentencing chart for non-dangerous felony offenses with historical priors can be broken down into 3 separate charts based on historical prior felony convictions. Each chart below includes the class of the non-dangerous offenses, mitigated sentence, mandatory minimum, presumptive term, mandatory maximum, and aggravated sentence.

Note that Category 1 represents one prior conviction, Category 2 represents two prior convictions, and Category 3 represents three prior convictions.

The non-dangerous felonies chart is as follows:

arizona non dangerous felonies sentencing chart

arizona non dangerous felonies sentencing chart

arizona non dangerous felonies sentencing chart

DANGEROUS CRIMES

Dangerous felony offenses also have different sentencing guidelines based on the number of previous convictions. Below, we’ll provide two charts. The first is for dangerous offenses with historical priors. A historical prior is any Class 3 felony conviction committed within 10 years of the date of the current dangerous offense.

Keep in mind that this does not mean a prior felony conviction of a dangerous offense. This chart is broken down into First Offense, One Historical Prior, and Two Historical Priors:

arizona dangerous felonies sentencing chart

The second chart is for repetitive dangerous offenses. It includes sentencing ranges for the Second Dangerous Offense and Third and Subsequent Dangerous Offenses.

Here are the Arizona felony sentencing charts for repetitive dangerous offenses:

arizona dangerous felonies sentencing chart

DANGEROUS OFFENSES AGAINST CHILDREN

Arizona punishes crimes against children much more severely than it does other felonies. They provide a completely separate guideline for the sentencing of these felonies. Dangerous offenses against children include, but are not limited to, the following:

  • Sexual exploitation of a minor
    • This means the defendant knowingly created, possessed, sold, bought, stored, or transported child pornography.
  • Commercial sexual exploitation of a minor
    • This includes the act of knowingly coercing a minor to engage in sexual acts or behaviors like prostitution or pornography.
  • Luring a minor for sexual exploitation
  • Furnishing harmful items to a minor
  • Sexual conduct with a minor
  • Molestation
  • Aggravated assault against a minor that results in serious physical injury or involves a deadly weapon

The next chart represents the guidelines for dangerous offenses against children, including First Offense, One Historical Prior, and Two Historical Priors. You’ll notice that subsections A and B are not provided in the chart.

Subsection A carries a sentence of life in prison. Subsection B carries the possibility of a life sentence with a minimum of 13 years, presumptive 20 years, and a maximum of 27 years. These subsections might include crimes such as sexual assault in Arizona or attempted murder of a minor under the age of 12.

You’ll also notice that once the defendant reaches two historical prior convictions, they may only fall into subsections C and D. The presumptive sentence is life in prison, with no possibility of mitigating factors nor aggravating factors and no mandatory minimum or maximum provided.

Here is the Arizona felony sentencing chart for dangerous offenses against children:

arizona dangerous offenses against children sentencing chart

How Long is a Life Sentence in Arizona?

In Arizona, a life sentence typically means that the individual will spend the rest of their life in prison, but the specifics can vary based on the crime and sentence terms.

For most life sentences, eligibility for parole may be possible after 25 years for non-dangerous felonies, or 35 years if convicted of a dangerous offense. In cases involving severe crimes, such as first-degree murder, the court may impose “natural life,” meaning no possibility of parole and the defendant must remain incarcerated for the rest of their entire life.

If you’re facing a life sentence, you need aggressive representation to fight these dire consequences. An experienced criminal attorney in Phoenix, AZ like those at Belén Law Firm can help protect your future and freedom.

Contact Phoenix Criminal Defense Attorney Belén Today

If you have been charged with a felony and seek representation, or if you simply have questions regarding the Arizona felony sentencing chart, contact Attorney Belén Olmedo Guerra today.

Belén offers aggressive defense for those accused of even the most serious felonies. For a professional and dedicated criminal defense attorney in Phoenix, AZ, call the Belén Law Firm at (602) 715-0908 or visit our website to schedule your free consultation.