When a person is charged with a criminal offense in Arizona, that offense is categorized as either a felony or a misdemeanor (with petty offenses reserved for the least serious violations). Felony charges carry far more severe consequences than misdemeanors, including the potential for lengthy prison sentences, substantial fines, and lasting personal and professional repercussions that can follow a person for the rest of their life.
Within the felony category, Arizona law further divides offenses into six classes. The lower the class number, the more serious the offense and the harsher the potential penalties. In other words, felony classes range from Class 6, the lowest in severity, all the way up to Class 1, which represents the most severe offenses.
In this article, our Phoenix criminal defense attorneys at Belen Law Firm will explain what an Arizona Class 1 felony is, what crimes fall into this category, and what penalties a person convicted of a Class 1 felony may face. Time is of the essence in these cases, perhaps more than in any other. If you or someone you love is facing charges for a Class 1 felony in Arizona and would like to speak to an experienced attorney regarding your specific case, call (602) 715-0908 as soon as possible.
What is a Class 1 Felony in Arizona?
A Class 1 felony is the most serious crime a person can be charged with under Arizona criminal law. Only two crimes are classified as Class 1 felonies: first-degree murder and second-degree murder. Defendants convicted of a Class 1 felony homicide offense face the harshest penalties available under state law, up to and including life imprisonment or the death penalty.
One critical distinction that sets Class 1 felonies apart from virtually every other criminal offense in Arizona is that there is no statute of limitations. This means that a person can be charged with a Class 1 felony at any point in their lifetime, regardless of how much time has passed since the alleged offense occurred.
Arizona Class 1 Felony Examples
First-Degree Murder Charges
First-degree murder is defined under Arizona Criminal Statute § 13-1105. Under this statute, a person commits first-degree murder if:
- Intending or knowing that their conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation (or, as a result of causing the death of another person with premeditation, causes the death of an unborn child).
- Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor, sexual assault, molestation of a child, terrorism, marijuana offenses, dangerous drug offenses, narcotics offenses that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses, drive-by shooting, kidnapping, burglary, arson, robbery, escape, child abuse, or unlawful flight from a pursuing law enforcement vehicle and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
- Intending or knowing that their conduct will cause death, the person causes the death of a law enforcement officer who is acting in the line of duty.
First-degree murder is distinguished from second-degree murder primarily by the element of premeditation: the deliberate intent to cause death before the act is carried out. As you can imagine, the penalties for premeditated killing are steep. Legal guidance and support from an experienced Phoenix first-degree murder defense attorney can make all the difference in how your case plays out.
Second-Degree Murder Charges
Second-degree murder is defined under Arizona Criminal Statute § 13-1104. Unlike first-degree murder, second-degree murder does not require premeditation. A person commits second-degree murder if one of the following is true:
- The person intentionally causes the death of another person, including an unborn child.
- Knowing that their conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child.
- Under circumstances demonstrating extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child.
The absence of premeditation is really what separates first-degree murder from second-degree murder charges in Arizona, though both remain Class 1 felonies that carry severe and long-lasting consequences.
Class 1 Felony Arizona Jail Time
A conviction for a Class 1 felony in Arizona carries some of the most serious sentencing consequences in the state, though the specific penalties depend on the degree of the offense and the defendant’s prior criminal history.
First-degree murder is punishable by life imprisonment, natural life imprisonment, or the death penalty, depending on the specifics of the case and the presence of any aggravating circumstances.
The sentencing for second-degree murder depends on whether the defendant has prior felony convictions for second-degree murder or other dangerous offenses. For a first offense, the presumptive term is 16 years, with a minimum sentence of 10 years and a maximum sentence of 25 years in state prison.
How Many Years is a Life Sentence in Prison?
Despite what the name implies, a life sentence does not necessarily mean a person will spend every remaining year of their life behind bars. In Arizona, a defendant sentenced to life imprisonment may become eligible for release after serving 25 years if the victim was 15 years of age or older, or after 35 years if the victim was under the age of 15.
Note that eligibility for release does not guarantee it; the defendant must still go through a review process.
What is Natural Life in Prison?
Natural life is the more absolute of the two sentences. A defendant sentenced to natural life imprisonment has no possibility of early release and must remain incarcerated for the rest of their life. There is no parole eligibility, no review process, and no opportunity for release under any circumstances.
Other Felony Classes in Arizona
While Class 1 felonies represent the most serious offenses, it is helpful to understand where they fall within the state’s broader felony framework. Here is a brief overview of the other felony classes under Arizona law and their associated penalties:
- Class 2 Felony Arizona: The most severe felonies after Class 1, Class 2 felonies in Arizona include crimes such as the production of child pornography, armed robbery, sexual assault of a child, sex trafficking, and manslaughter. The presumptive prison term is 5 years, with an aggravated sentence of up to 12.5 years.
- Class 3 Felony Arizona: Examples include second-degree burglary, sexual abuse of a child under 15, certain aggravated assault offenses, and dangerous crimes against children. The presumptive term is 3 years and 6 months, which can increase to 8 years and 9 months of prison time with aggravating factors.
- Class 4 Felony Arizona: This class includes offenses such as perjury, kidnapping, robbery, misconduct involving a deadly weapon, and third-degree burglary. The presumptive sentence is 2 years and 6 months, with an aggravated sentence of 3 years and 9 months.
- Class 5 Felony Arizona: Class 5 felonies can include aggravated assault on a police officer, credit card theft, and public sexual indecency before a minor, among other offenses. The presumptive sentence is 2 years, with an aggravated sentence of 2 years and 6 months.
- Class 6 Felony Arizona: The lowest felony classification in Arizona, Class 6 felonies include offenses such as aggravated domestic violence, shoplifting of property valued between $1,000 and $2,000, certain drug crimes, and aggravated DUI. The presumptive prison sentence is 1 year, with an aggravated sentence of 2 years.
How Does Felony Sentencing Work in Arizona?
Arizona uses a structured sentencing system for felony offenses that takes several factors into account when determining the appropriate penalty. For offenses other than Class 1 felonies, sentences are guided by this Arizona felony sentencing chart, which establishes a presumptive sentence (the standard starting point) along with minimum and maximum sentencing ranges that can be adjusted based on the specific facts of the case.
Factors that influence felony sentencing in Arizona include:
- The class of the felony charged
- Whether the offense is classified as a dangerous crime
- The presence of aggravating factors (such as prior convictions, serious injury, use of a deadly or dangerous weapon, or the vulnerability of the victim)
- The presence of mitigating factors (such as the defendant’s age, mental health history, or level of participation in the offense)
- Whether the defendant has prior felony convictions
Why You Need an Experienced Criminal Defense Attorney When Facing Any Arizona Felony Offense – Especially Class 1 Felonies
Facing criminal charges in Arizona, especially Class 1 felony crimes, places your future at serious risk. A conviction for a violent crime at this level may lead to either a life sentence or even the death sentence, while other felony classifications can still result in years in prison and lasting consequences. Even less serious crimes, including lower-level felonies or misdemeanor convictions that carry time in a local or county jail, can impact your record, employment, and personal life forever. In every situation, the outcome of your case depends on how effectively your defense is built and presented.
Working with an experienced criminal defense attorney at Belen Law Firm gives you a clear advantage. Your legal team will examine every detail of your case, identify mitigating circumstances, and develop strategies tailored to your situation, whether you are a first-time offender or have prior charges. From challenging the prosecution’s evidence to negotiating reduced penalties when appropriate, Belen Law Firm focuses on protecting your rights and pursuing the most favorable outcome possible every time.
If You’ve Been Charged With a Class 1 Felony in Arizona, Call Belen Law Firm Right Away
A Class 1 felony charge is the most serious criminal matter a person can face in Arizona. With first-degree or second-degree murder allegations come the very real possibility of life imprisonment, natural life, or the death penalty, consequences that make having legal representation from an experienced Phoenix murder defense attorney not just important, but absolutely essential.
At Belen Law Firm, we are a team of experienced trial attorneys who understand what it takes to build a compelling defense in the most high-stakes criminal cases. We will meticulously examine every piece of evidence the prosecution intends to use, challenge the strength and credibility of their case at every turn, and pursue every available avenue to create reasonable doubt and protect your rights. We come fully prepared on every case we take, and we fight hard for every client we represent.
Based in Phoenix, AZ, our firm serves individuals across Maricopa County, including Mesa, Chandler, Tempe, Gilbert, Glendale, Scottsdale, Avondale, and beyond. We provide around-the-clock legal support and are available to take calls 24/7, including from those currently incarcerated at Pima County, Yavapai County, and Maricopa County jails.
No matter what you have been accused of, you are still a human being, and you deserve someone in your corner who will fight for you with everything they have. That is exactly what Attorney Belén Olmedo Guerra and her team are committed to doing. To speak with a skilled felony crimes defense lawyer about the charges you are facing, call (602) 715-0908 or complete our online intake form to schedule a free consultation today.
