Arizona Criminal Law: Offenses, Sentencing, and Defendant Rights

Arizona criminal law sorts every offense into one of three buckets — felonies, misdemeanors, or petty offenses — and routes each case through a fixed sequence: arrest, initial appearance, charging, arraignment, plea negotiation or trial, and sentencing on statutorily defined ranges. Penalties run from a $300 fine with no jail time to life in prison, and the class of offense drives nearly every decision along the way, including where you’d serve time, whether you can be released on bail, and how long prosecutors have to file charges.

How Offenses Are Classified

Arizona law groups criminal conduct into felonies, misdemeanors, and petty offenses.¹ That classification tells you where a sentence is served, how long it can last, and the fine ceiling.

Felonies come in six classes. Class 1 (reserved for first-degree murder) is the most serious; Class 6 is the least. Felony time is served in the Arizona Department of Corrections, and fines can run up to $150,000.²

Misdemeanors are served in county jail and divide into three classes:

Class 1: up to six months in jail and a $2,500 fine
Class 2: up to four months in jail and a $750 fine
Class 3: up to 30 days in jail and a $500 fine

Those jail caps come from ARS 13-707 and the fine caps from ARS 13-802.³⁴

Petty offenses carry a maximum fine of $300 and no jail time.⁴

How Long Prosecutors Have to File Charges

The state has deadlines. If prosecutors miss them, the case can’t go forward. The clock starts when the state discovers the offense or reasonably should have.⁵

No deadline: homicide, conspiracy to commit homicide resulting in death, certain Class 2 felony sexual offenses against children, violent sexual assault, and misuse of public funds
Seven years: Class 2 through Class 6 felonies
One year: misdemeanors
Six months: petty offenses

These are the general rules. Specific offenses like DUI have their own timing rules under separate statutes.⁵

Arrest and Search

Officers can arrest with a warrant from a judge or without one when they have probable cause. Warrantless arrest authority in Arizona is broad: it covers probable cause to believe a felony occurred, a misdemeanor or petty offense (whether or not it happened in the officer’s presence), and involvement in a traffic accident tied to a criminal violation.⁶

After a lawful arrest, officers can search your person and immediate belongings without a separate warrant, on the theory of preventing destruction of evidence and keeping weapons out of reach. Cell phones are different. In Riley v. California (2014), the U.S. Supreme Court held that police need a warrant before searching the digital contents of a phone seized during an arrest.⁷

Initial Appearance and Bail

If you stay in custody after arrest, you must be brought before a magistrate within 24 hours. If that doesn’t happen, you must be released. Each county’s presiding judge is required to have a magistrate available every day of the week for this purpose under Arizona Rule of Criminal Procedure 4.1.⁸

At that first appearance, the magistrate states the charges, explains your constitutional rights including the right to counsel, and sets release conditions. If no complaint has been filed yet, it has to be filed within 48 hours of the initial appearance, or you must be released and any preliminary hearing dates canceled.⁸

The Arizona Constitution gives most defendants a right to bail, with carved-out exceptions: capital offenses; sexual assault; sexual conduct with a child under 15; molestation of a child under 15 when the proof is strong; certain felony charges filed against someone already out on bail for another felony; and serious felonies where no release conditions can reasonably protect the community.⁹ When bail is set, the judge weighs flight risk and danger to any specific victim or the community. Commercial bail bond companies typically charge a non-refundable premium of roughly 8% to 10% of the bond amount.

How Felony Charges Are Filed

Before a felony case can go to trial, the state has to establish probable cause through either a preliminary hearing or a grand jury indictment.

A preliminary hearing takes place in front of a magistrate. If you’re in custody, it must begin within 10 days of the initial appearance; if you’re out, within 20. Miss the 10-day deadline without a continuance, and the in-custody defendant must be released (unless charged with a non-bailable offense). Both sides can waive the hearing, but the waiver has to be written and signed by the defendant, defense counsel, and the state.¹⁰

The alternative is the grand jury. An indictment requires agreement from at least nine grand jurors regardless of how many hear the evidence. Only the prosecution presents; the defendant typically does not participate. If the grand jurors decline to indict, the foreperson has to notify the court in writing.¹¹

Once probable cause is established, you’re arraigned and enter a plea of guilty, not guilty, or no contest. Most defendants enter a not guilty plea at arraignment to keep their options open, even if they expect to negotiate later. From there, discovery kicks in under Arizona Rule of Criminal Procedure 15, which obligates both sides to share evidence. On top of that, prosecutors have a federal constitutional duty under Brady v. Maryland to disclose evidence favorable to the defense in time to use it at trial, including impeachment material against government witnesses.

Your Rights as a Defendant

Two constitutional amendments do most of the work.

The Fifth Amendment protects you from being compelled to testify against yourself. That protection underlies Miranda warnings, which officers must give before any custodial questioning. The warnings cover four points: the right to remain silent; that anything you say can be used against you; the right to an attorney; and the right to an appointed attorney if you can’t afford one.¹²

The Sixth Amendment guarantees a lawyer, a speedy and public trial, an impartial jury, and the right to confront the witnesses against you. The right to counsel attaches at every critical stage of a prosecution and extends to any trial for a “serious” criminal charge, with appointed counsel at public expense if you can’t afford one.¹³ There’s no fixed income cutoff for a public defender in Arizona. The trial judge evaluates your finances based on income, savings, property, and ability to work, and most courts ask you to fill out a financial affidavit.

Having a lawyer means having a competent one. Under Strickland v. Washington, you can challenge a conviction by showing two things: that your lawyer’s performance was objectively deficient, and that the deficiency created a reasonable probability of a different outcome. Both prongs are required, and courts give attorneys wide latitude on strategic calls.¹⁴

Plea Agreements

Most Arizona criminal cases end in a plea rather than a trial. Rule 17.4 governs. The parties can negotiate on any aspect of the case, and the assigned trial judge can join settlement discussions only if both sides agree; otherwise, those discussions happen in front of a different judge.¹⁵

A plea agreement has to be in writing and signed by you, your attorney (if you have one), and the prosecutor. Either side can withdraw from the deal before the court accepts it. Before accepting, the judge personally confirms that you understand every term. Pleading guilty waives your right to a jury trial, your right against self-incrimination, and your right to confront witnesses.¹⁵

One detail catches people off guard. The judge is not bound by the sentencing terms in the agreement. If the presentence report leads the judge to find the agreed sentence inappropriate, the judge can reject that provision. You then get the chance to withdraw your plea. If you do, and a presentence report has already been submitted, you have a one-time right to a different judge for the rest of the case.¹⁵

Sentencing Ranges for First-Time Felony Offenders

Arizona uses structured sentencing. Each felony class has a presumptive term — the standard prison length a judge is expected to impose. The judge can go lower based on mitigating factors or higher based on aggravating ones, but only within statutory limits.¹⁶

For a first-time, non-dangerous felony offender:

Class 2: 3 years (mitigated) to 12.5 years (aggravated), presumptive 5 years
Class 3: 2 years to 8.75 years, presumptive 3.5 years
Class 4: 1 year to 3.75 years, presumptive 2.5 years
Class 5: 6 months to 2.5 years, presumptive 1.5 years
Class 6: 4 months to 2 years, presumptive 1 year

Class 1 felonies (first- and second-degree murder) have their own provisions outside this framework.¹⁶

Enhanced Sentencing: Priors and Dangerous Offenses

Prior felony convictions change the math significantly. Arizona sorts repeat offenders into categories. A “category two” repeat offender facing a Class 2 felony sees the presumptive term climb from 5 years to 9.25 years, with a maximum of 23 years. For a “category three” repeat offender, that same Class 2 felony carries a 15.75-year presumptive term and a 35-year maximum.¹⁷

When a felony involves the use or threatening of a deadly weapon or dangerous instrument, it qualifies as a “dangerous offense” with elevated ranges. A first-time Class 2 dangerous offense carries a 7-year minimum, 10.5-year presumptive, and 21-year maximum. Anyone sentenced for a dangerous offense is not eligible for probation, a suspended sentence, or pardon until the full sentence is served or they qualify for earned release.¹⁸

Dangerous crimes against children carry the harshest provisions. Sexual conduct with a child under 12, for example, triggers a mandatory life sentence with no release eligibility for 35 years. Continuous sexual abuse of a child can carry a 60-year presumptive term.¹⁹

Time Actually Served

Most Arizona prisoners must serve at least 85% of the imposed sentence before becoming eligible for release through earned release credits. After that, they’re released to community supervision, which functions much like parole. The Department of Corrections sets the conditions, which can include drug treatment, counseling, community service, and residency restrictions for sex offenders.²⁰

Probation and Restitution

For certain non-dangerous felonies, the judge may grant probation instead of prison, keeping you in the community under court-ordered supervision. Dangerous offenses are categorically excluded.¹⁸

Restitution is not optional. Arizona requires every convicted defendant to pay the victim the full amount of the victim’s economic loss. The court determines the amount and the payment method, and because restitution is treated as a criminal penalty, it cannot be discharged in bankruptcy.²¹

Life After a Conviction

Sentencing is not the end of the cost.

Federal law bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition. The restriction has no expiration date and applies whether or not you actually served prison time, which means it covers nearly all felony convictions.²²

Arizona strips voting rights on a felony conviction. If you have only one felony conviction, your voting rights are automatically restored once you complete the full sentence, including prison, probation, and community supervision; you still have to re-register. With two or more felony convictions, restoration isn’t automatic. You have to petition the court, and the waiting period depends on whether your sentence involved prison or probation.

A criminal record can also narrow employment prospects. The federal Fair Chance Act limits criminal history inquiries for federal government and defense contractor positions until after a conditional job offer, but private-sector practices vary, and employers in regulated industries routinely run criminal history checks.

Setting Aside or Sealing a Conviction

Arizona offers two main ways to blunt the long-term impact of a criminal record.

Under ARS 13-905, once you’ve completed every condition of your sentence (including probation), you can ask the court to set aside the judgment of guilt. The court dismisses the charges and releases you from most penalties and disabilities tied to the conviction. The judge weighs the nature of the offense, your compliance, any later convictions, victim input, and time since completion. A set-aside restores firearm rights unless the conviction was for a “serious offense” under ARS 13-706. The record itself stays publicly visible, with a notation that the judgment was set aside. Several categories are excluded entirely: dangerous offenses, offenses requiring sex offender registration, crimes with a finding of sexual motivation, and felonies where the victim was a child under 15.²³

Sealing goes further. Under ARS 13-911, a sealed record is hidden from public access entirely, and if the petition is granted, you can legally state on employment, housing, and financial aid applications that you were never arrested for, charged with, or convicted of the sealed offense. Sealing requires completing every term of the sentence, including full payment of restitution. Records can also be sealed when charges were dismissed or you were acquitted.²⁴

Expungement — actually erasing the record rather than hiding it — is currently available in Arizona only for marijuana-related offenses. For everything else, sealing is the closest thing to a clean slate.²⁴

1
Arizona Legislature. Arizona Code 13-601 – Classification of Offenses
2
Arizona Legislature. Arizona Code 13-801 – Fines for Felonies
3
Arizona Legislature. Arizona Code 13-707 – Misdemeanors; Sentencing
4
Arizona Legislature. Arizona Code 13-802 – Fines for Misdemeanors and Petty Offenses
5
Arizona Legislature. Arizona Code 13-107 – Time Limitations
6
Arizona Legislature. Arizona Code 13-3883 – Arrest by Officer Without Warrant
7
Legal Information Institute. Search Incident to Arrest Doctrine
8
State Rules. Arizona Rules of Criminal Procedure – Rule 4.1
9
Arizona Legislature. Arizona Constitution Article 2 Section 22 – Bailable Offenses
10
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 5.1 – Right to a Preliminary Hearing
11
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 12.6 – Indictment
12
Congress.gov. Constitution Annotated – Amdt5.4.7.5 Miranda Requirements
13
Constitution Annotated. Amdt6.6.3.1 Overview of When the Right to Counsel Applies
14
Justia. Strickland v. Washington, 466 U.S. 668
15
New York Codes, Rules and Regulations. Arizona Rules of Criminal Procedure – Rule 17.4 – Plea Negotiations and Agreements
16
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing
17
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
18
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
19
Arizona Legislature. Arizona Code 13-705 – Dangerous Crimes Against Children; Sentences
20
Arizona Legislature. Arizona Code 41-1604.07 – Earned Release Credits; Forfeiture; Restoration
21
Arizona Legislature. Arizona Code 13-603 – Sentence of Imprisonment or Fine; Restitution
22
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
23
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
24
Maricopa County Superior Court. Set Aside or Expunge a Conviction, or Seal a Criminal Record