Class 4 Felony in Arizona: Prison Time, Fines, and Record Relief

A Class 4 felony in Arizona is a mid-range criminal offense that, for a first-time, non-dangerous conviction, carries a presumptive prison sentence of 2.5 years, with the full range running from 1 year (mitigated) to 3.75 years (aggravated). Arizona sorts felonies into six classes, with Class 1 the most serious and Class 6 the least. Class 4 sits in the middle, covering offenses like negligent homicide, forgery, identity theft, third-degree burglary, and certain theft and assault charges. What you actually face depends on three things: your prior record, whether the offense is classified as “dangerous,” and the aggravating or mitigating factors the court finds.¹

Prison Time for a First-Time, Non-Dangerous Offense

If you have no prior felony convictions and the offense did not involve a deadly weapon or serious physical injury, the sentencing range is:¹

Mitigated: 1 year
Minimum: 1.5 years
Presumptive: 2.5 years
Maximum: 3 years
Aggravated: 3.75 years

The presumptive term is the default. To move above or below it, the court needs at least one aggravating or mitigating factor; to reach the aggravated or mitigated extremes, at least two must be established. That matters in practical terms: one aggravator can push you from 2.5 years to 3, but getting to 3.75 takes more.¹

How Prior Felonies Change the Numbers

Priors escalate the range quickly. With one prior felony conviction (category two), a non-dangerous Class 4 felony carries:²

Mitigated: 2.25 years
Minimum: 3 years
Presumptive: 4.5 years
Maximum: 6 years
Aggravated: 7.5 years

With two or more prior felony convictions (category three), the range becomes:

Mitigated: 6 years
Minimum: 8 years
Presumptive: 10 years
Maximum: 12 years
Aggravated: 15 years

The same Class 4 charge that nets 2.5 years as a first offense can mean a decade or more in prison with two priors on your record.²

If the Offense Is Classified as Dangerous

When a Class 4 felony involves a deadly weapon or causes serious physical injury, it becomes a “dangerous offense,” and the entire framework changes. Prison is mandatory. The court cannot suspend the sentence, grant probation, or allow early release outside narrow statutory exceptions.³

Minimum: 4 years
Presumptive: 6 years
Maximum: 8 years

Even a first-time offender with no criminal history goes to prison under this designation, with no pardon eligibility until the full term is served.³

Fines, Restitution, and Probation

A Class 4 felony conviction can carry a fine of up to $150,000. That ceiling applies to all felony classes in Arizona; the judge sets the actual amount based on the offense.⁴ Restitution to victims is separate from any fine and is often ordered on top of it.

For non-dangerous first offenses, probation is frequently available in place of prison. A probation term for a Class 4 felony can last up to four years, and if restitution remains unpaid, the court can extend probation by up to five additional years.⁵ Probation conditions typically include regular check-ins, drug testing, community service, and travel restrictions.

Offenses That Qualify as Class 4 Felonies

Arizona’s criminal code puts dozens of offenses in the Class 4 category. Among the most commonly charged:

Negligent homicide — causing death through criminal negligence.⁶
Aggravated assault by strangulation, where the victim is a domestic violence-related party.⁷
Theft of property or services valued between $3,000 and $4,000; theft of a vehicle engine or transmission at any value.⁸
Third-degree burglary — entering or remaining unlawfully in a nonresidential structure or fenced yard with intent to commit a crime inside.⁹
Forgery — creating or altering a written instrument with intent to defraud.¹⁰
Identity theft — knowingly using another person’s identifying information without authorization.¹¹
Possession of a dangerous drug for personal use, including ecstasy and certain illegally obtained prescription medications.¹²
Aggravated criminal damage of $10,000 or more.¹³
Arson of a structure, or of other property worth more than $1,000.¹⁴

Drug Possession Follows Different Rules

Simple drug possession stands apart from most Class 4 felonies. Under Proposition 200, anyone convicted of personal possession or use of a controlled substance is eligible for probation instead of prison, and for qualifying offenders the court is required to grant it.¹⁵

The protection has limits. It does not reach possession for sale, manufacturing, or transportation, and it excludes anyone previously convicted of a violent crime. For methamphetamine, amphetamine, LSD, and PCP, the court has discretion to reduce the charge to a Class 1 misdemeanor for a first-time offender with no prior felony record, or to defer designation as a felony or misdemeanor until probation is completed.¹²

What Pushes a Sentence Up or Down

Judges work from a statutory list when deciding where to land within the range.¹⁶

Aggravating factors include:

Causing or threatening serious physical injury
Using or possessing a deadly weapon during the offense
Committing the crime in an especially cruel or depraved manner
Targeting a victim who is 65 or older or who has a disability
Committing the offense as a public official in a role related to the crime
A prior felony conviction within the last ten years

Mitigating factors include:

The defendant’s young age
Significantly impaired ability to understand the wrongfulness of the conduct
Acting under unusual or substantial duress
Playing only a minor role in the offense
Any other factor relevant to the defendant’s character or the circumstances of the crime

That catch-all is where defense attorneys argue things like military service, mental health conditions, family responsibilities, and absence of prior criminal history. For first-time offenders, aggravating factors must be proven beyond a reasonable doubt to a jury or admitted by the defendant before a sentence can exceed the presumptive range.¹

Consequences That Outlast the Sentence

Firearms

Arizona treats anyone convicted of a felony as a “prohibited possessor.” You cannot legally own or carry a firearm until your civil rights are formally restored, and possessing a gun while prohibited is itself a felony.¹⁷

Voting, Office, and Jury Service

A felony conviction suspends your right to vote, hold public office, and serve on a jury. If you have only one felony conviction and have completed all terms of your sentence including restitution, voting rights are automatically restored for in-state convictions with no application needed. With multiple felony convictions, automatic restoration does not apply, and you must apply to the Superior Court, where the decision rests with the judge.¹⁸

Employment and Licensing

Federal law places no time limit on how long a criminal conviction can be reported on an employment background check, so a Class 4 felony can surface indefinitely. Many Arizona professional licenses require disclosure of felony convictions and can be denied or revoked on that basis.

Immigration

For non-citizens, a Class 4 felony conviction can trigger deportation or inadmissibility. Offenses involving theft, fraud, or intent to cause bodily harm are often treated as crimes involving moral turpitude under federal immigration law. A sentence of probation rather than prison does not necessarily avoid removal proceedings.

Clearing the Record Later

Setting Aside the Conviction

Once you have completed every condition of your sentence, including probation, fines, and restitution, you can apply to have the judgment of guilt set aside. There is no filing fee. The court considers the nature of the offense, your compliance, any later convictions, and the time elapsed since you finished the sentence.¹⁹

If the court grants the application and at least two years have passed since completion of the sentence, you also receive a certificate of second chance, which can help with employment and licensing. Set-aside is not available for dangerous offenses, crimes requiring sex offender registration, or felonies committed against children under 15.¹⁹

Sealing the Record

Arizona also allows eligible individuals to petition to seal arrest, conviction, and sentencing records. For a Class 4 felony, you must wait at least five years after completing all non-monetary conditions of the sentence before filing.²⁰

Sealed records are generally hidden from public view, including most background checks. Sealing is not available for dangerous offenses, crimes involving deadly weapons or serious physical injury, dangerous crimes against children, certain sexual offenses, or Class 4 felonies falling under Arizona’s sexual offense or drug-related chapters.²⁰

1
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition
2
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
3
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
4
Arizona Legislature. Arizona Code 13-801 – Fines for Felonies
5
Arizona Legislature. Arizona Code 13-902 – Probation; Term
6
Arizona Legislature. Arizona Code 13-1102 – Negligent Homicide; Classification
7
Arizona Legislature. Arizona Code 13-1204 – Aggravated Assault; Classification; Definitions
8
Arizona Legislature. Arizona Code 13-1802 – Theft; Classification; Definitions
9
Arizona Legislature. Arizona Code 13-1506 – Burglary in the Third Degree; Classification
10
Arizona Legislature. Arizona Code 13-2002 – Forgery; Classification; Definitions
11
Arizona Legislature. Arizona Code 13-2008 – Taking Identity of Another Person or Entity; Classification
12
Arizona Legislature. Arizona Code 13-3407 – Possession, Use, Administration, Acquisition, Sale, Manufacture or Transportation of Dangerous Drugs; Classification
13
Arizona Legislature. Arizona Code 13-1604 – Aggravated Criminal Damage; Classification
14
Arizona Legislature. Arizona Code 13-1703 – Arson of a Structure or Property; Classification
15
Arizona Legislature. Arizona Code 13-901.01 – Probation for Persons Convicted of Possession or Use of Controlled Substances
16
Arizona Legislature. Arizona Code 13-701 – Sentence of Imprisonment for Felony; Presentence Report; Aggravating and Mitigating Factors
17
Arizona Legislature. Arizona Code 13-3101 – Definitions
18
Arizona Secretary of State. Restoration of Voting Rights in Arizona Summary of Recent Legislation
19
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
20
Arizona Legislature. Arizona Code 13-911 – Sealing of Arrest, Conviction and Sentencing Records