Class 6 Felony in Arizona: Sentencing, Fines, and Collateral Consequences

A Class 6 felony in Arizona is the state’s lowest felony class, one step above a Class 1 misdemeanor. For a first-time offender convicted of a non-dangerous Class 6 felony, the prison range runs from about four months to two years, with a presumptive sentence of one year. The feature that sets this class apart from every other felony is the “wobbler” rule: under the right conditions, a Class 6 felony can be treated as, or reduced to, a Class 1 misdemeanor.

The Wobbler Rule

Under ARS 13-604, a non-dangerous Class 6 felony can be handled as a Class 1 misdemeanor in three ways.¹ A prosecutor can file the charge as a misdemeanor from the start. After conviction, a judge who finds a felony sentence “unduly harsh” can enter judgment as a Class 1 misdemeanor on the spot. Or the judge can leave the offense “undesignated” and place the defendant on probation; during probation the offense is treated as a misdemeanor for most purposes, and if probation is completed successfully, the court designates it as a misdemeanor permanently.

One hard limit applies. A defendant with two or more prior felony convictions cannot use the wobbler at all. For that defendant, a Class 6 stays a felony.¹

The difference between carrying a felony and carrying a misdemeanor on your record is substantial for employment, housing, and civil rights, which is why this provision drives most of the strategy in a Class 6 case.

Prison Range and Probation for a First Non-Dangerous Offense

Arizona law sets five sentencing tiers for a first-time, non-dangerous Class 6 felony:

Mitigated: 4 months
Minimum: 6 months
Presumptive: 1 year
Maximum: 1.5 years
Aggravated: 2 years

The presumptive term is the starting point, and the judge moves up or down based on aggravating factors (such as the severity of harm) or mitigating factors (such as cooperation or a clean record).²

Probation is available for most first-time non-dangerous Class 6 offenders and is granted frequently at this level. Common probation conditions include community service, counseling, regular check-ins with a probation officer, and payment of restitution to the victim.

When the Offense Is Classified as Dangerous

Arizona defines a “dangerous offense” as one involving the use, discharge, or threatening display of a deadly weapon or dangerous instrument, or the intentional infliction of serious physical injury.³ A dangerous designation changes the Class 6 picture completely.

For a first dangerous Class 6 offense, the range becomes 1.5 years minimum, 2.25 years presumptive, and 3 years maximum. With one prior dangerous felony, it rises to 3 years minimum, 3.75 years presumptive, and 4.5 years maximum. With two or more prior dangerous felonies, it reaches 4.5 years minimum, 5.25 years presumptive, and 6 years maximum.⁴

A person sentenced as a dangerous offender is not eligible for probation, a suspended sentence, or pardon until the full sentence is served. That mandatory prison time is the biggest practical gap between the dangerous and non-dangerous versions of the same class.⁴

How Prior Felonies Raise the Range

For non-dangerous Class 6 felonies, a defendant with one prior felony conviction faces 9 months (mitigated) to 2.75 years (aggravated), with a presumptive term of 1.75 years. With two or more prior felonies, the range jumps to 2.25 years (mitigated) to 5.75 years (aggravated), with a presumptive term of 3.75 years.⁵

Priors also take options off the table. Two or more prior felonies eliminate the wobbler.¹ Probation is far less likely for repeat offenders, and judges are often required to impose prison time.

Fines

A Class 6 felony conviction can carry a fine of up to $150,000.⁶ Courts can add mandatory surcharges, court fees, and victim restitution on top. The total financial burden often exceeds the base fine once those extras are added.

Offenses Commonly Charged as Class 6 Felonies

Arizona classifies a wide range of crimes at this level. Frequently charged examples include:

Theft of property or services valued at $1,000 or more but less than $2,000⁷
Possession of drug paraphernalia with intent to use it for controlled substances other than marijuana⁸
Unlawful imprisonment
Criminal impersonation
Certain forms of aggravated assault and resisting arrest

Circumstances often decide whether a given charge lands at Class 6 or something more serious. The involvement of a deadly weapon, the victim’s age, or the defendant’s intent can push an otherwise lower-level crime into a higher felony class.

What a Conviction Costs After the Sentence

The penalties ordered by the judge are only part of the picture. A felony on your record creates lasting obstacles.

Voting

A felony conviction suspends your right to vote. For a first felony, voting rights are restored automatically once you complete probation or imprisonment and pay all fines and restitution.⁹ With two or more felony convictions, restoration is not automatic; you must apply to the Superior Court in the county of conviction, and you cannot apply until at least two years after discharge.

Firearms

Automatic restoration does not cover firearms. Anyone convicted of a felony is a “prohibited possessor” under Arizona law and cannot legally own or carry a gun until that right is restored through a separate court process.¹⁰ That restriction continues even after voting rights return.

Jobs and Licensing

Arizona law places some limits on how employers and licensing boards can use a felony conviction. Public employers cannot deny a job unless the conviction has a reasonable relationship to the duties of the position. Occupational licensing boards generally cannot deny a license based on a conviction more than seven years old, unless the offense implicates public safety. Private employers running background checks will still see the conviction, and the practical effect on job prospects can be significant.

Set-Aside, Not Expungement

Arizona does not offer true expungement for most felonies. Expungement, which removes a conviction entirely, is available only for marijuana-related offenses. What Arizona does offer is a “set aside.” A set-aside releases you from “all penalties and disabilities” from the conviction, and the record carries a notation that the judgment was set aside, but the conviction itself remains visible on background checks.¹¹

You can apply once you have completed your sentence or probation and received a discharge. There is no filing fee. The court weighs the nature of the offense, compliance with probation, any later convictions, the victim’s input, the time since discharge, and your age at the time of the conviction.¹¹

A set-aside is not available if the conviction involved a dangerous offense, required sex offender registration, included a finding of sexual motivation, or involved a felony with a victim under fifteen.¹¹

How Long Prosecutors Have to File Charges

Arizona gives prosecutors seven years from the date of the offense to file charges on any felony from Class 2 through Class 6. For a Class 6 specifically, the seven-year window still applies even if the offense is later designated as a misdemeanor through the wobbler. The clock starts on the date the crime was committed.¹²

1
Arizona Legislature. Arizona Revised Statutes 13-604 – Class 6 Felony Designation
2
Arizona Legislature. Arizona Revised Statutes 13-702 – First Time Felony Offenders Sentencing Definition
3
Arizona Legislature. Arizona Revised Statutes 13-105 – Definitions
4
Arizona Legislature. Arizona Revised Statutes 13-704 – Dangerous Offenders Sentencing
5
Arizona Legislature. Arizona Revised Statutes 13-703 – Repetitive Offenders Sentencing
6
Arizona Legislature. Arizona Revised Statutes 13-801 – Fines for Felonies
7
Arizona Legislature. Arizona State Legislature HB2581 Fact Sheet
8
Arizona Legislature. Arizona Revised Statutes 13-3415 – Possession, Manufacture, Delivery and Advertisement of Drug Paraphernalia
9
Arizona Legislature. Arizona Revised Statutes Title 13 – 13-912 Automatic Restoration of Civil Rights for First Offenders
10
Arizona Legislature. Arizona Revised Statutes Title 13 Criminal Code 13-3101
11
Arizona Legislature. Arizona Revised Statutes 13-905 – Setting Aside Judgment of Convicted Person on Discharge
12
Arizona Legislature. Arizona Revised Statutes 13-107 – Time Limitations