Criminal Defense
The terms and fines listed on this page are only a basic overview of the possibilities. If you would like legal advice or would like to know more about your particular case, contact Chuck today!
Misdemeanors
Misdemeanors are broken down into three categories.
| Class | Maximum Jail Term | Maximum Probation Term | Maximum Fine |
| 1 | 6 months | 3 Years | $2,500 plus surcharges |
| 2 | 4 months | 2 years | $750 plus surcharges |
| 3 | 30 days | 1 year | $500 plus surcharges |
Some misdemeanor offenses such as driving under the influence, allow the court to place a person on probation for up to 5 years even though it is a misdemeanor.
Non-Dangerous Felony Offenses
Felony offenses are divided into six classes. For a first time felony offense if the offense is a Class 2 through 6 felony, the person is eligible for placement on probation. If a person stands convicted of a Class 1 felony, prison is mandatory regardless of whether it is the first felony conviction.
| Class | Prison Range for First offense | Maximum Probation | Maximum Fine |
| 2 | 3years - 12.5 years | 7 years | $150,000 plus surcharges |
| 3 | 2 years - 8.75 years | 5 years | $150,000 plus surcharges |
| 4 | 1 year - 3.75 years | 4 years | $150,000 plus surcharges |
| 5 | 6 months - 2.5 years | 3 years | $150,000 plus surcharges |
| 6 | 4 months - 2 years | 3 years | $150,000 plus surcharges |
Class 6 Non-Dangerous Felony - A class 6 felony has some unique features. A Class 6 felony may be designated a felony, remain undesignated, or be designated a misdemeanor. If a class 6 felony is designated or undesignated it acts as a felony. When the class 6 felony is undesignated it allows a person to earn a misdemeanor conviction. Typically, if you successfully complete the terms of probation, a class 6 undesignated felony will be designated a misdemeanor. The designation does not happen automatically though and must be requested when probation is over.
Dangerous Felony Offenses
Dangerous Felony Offenses are not probation eligible.
| Class | Prison Range for First offense | Maximum Fine |
| 2 | 7years - 21 years | $150,000 plus surcharges |
| 3 | 5 years - 15 years | $150,000 plus surcharges |
| 4 | 4 year s- 8 years | $150,000 plus surcharges |
| 5 | 2 years - 4 years | $150,000 plus surcharges |
| 6 | 1.5 years - 3 years | $150,000 plus surcharges |
Prison Ranges and Prior Felony Convictions - Within each prison range described there are 5 different terms
- Presumptive
- Aggravated
- Super Aggravated
- Mitigated
- Super Mitigated
A person is no longer eligible for probation supervision if there is a prior felony conviction that would be a felony offense in Arizona.
For more information and the sentencing ranges please look at the Arizona Sentencing Provisions.
Sentence Enhancements - Different factors can alter the general sentencing structure described above. Here are some examples:
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|
|
| On felony probation at time of offense | No less than presumptive term |
| On release, probation or community supervision at time of offense | Two additional years of prison consecutive sentenced term |
| Aggravating Circumstance | Allows a sentence above the presumptive term |
| Mitigating Circumstance | Allows a sentence below the presumptive term |
| Dangerous Allegation | Mandatory Prison |
| Domestic Violence Offense | Additional probation terms |
| Violating probation while on Intensive probation | Mandatory Prison |
| Dangerous Crimes Against Children | Enhances Prison Ranges |
