What Is a Class 3 Felony in Arizona? Prison Time, Probation, and Fines

A Class 3 felony in Arizona is the third-most-serious category of crime in the state, sitting just below Class 1 (reserved for first- and second-degree murder) and Class 2. A first-time offender faces a presumptive prison sentence of 3.5 years, with the full range running from 2 years at the low end to as much as 25 years for someone with multiple prior felonies.¹ Arizona uses six felony classes in all, numbered 1 through 6, with the number dropping as the severity rises.

Which Crimes Are Class 3 Felonies

More than 40 different offenses are classified as Class 3 felonies in Arizona. The same general type of crime can fall into a different class depending on the facts, so where an offense lands often turns on dollar amounts, the identity of the victim, or whether a weapon was involved.

Theft is a Class 3 felony when the property or services stolen are worth $4,000 or more but less than $25,000. At $25,000 and above, it becomes a Class 2.²

Aggravated assault reaches Class 3 when it causes serious physical injury, when it is committed with a deadly weapon or dangerous instrument, or when the victim is a protected person such as a first responder, law enforcement employee, or prosecutor.³

Stalking is a Class 3 felony when the conduct makes the victim reasonably fear death, their own or that of a family or household member. Stalking that causes only emotional distress or fear of physical injury is a Class 5.⁴

Discharging a firearm at a nonresidential structure is a Class 3; firing at a residential structure is a Class 2.⁵ Second-degree burglary, aggravated robbery, certain drug trafficking offenses, and some dangerous crimes against children also commonly fall in this class.

Prison Time for a First Offense

A conviction with no prior felony record carries a sentencing range the judge works within. The starting point is the presumptive sentence, and the court can move up or down based on aggravating or mitigating factors argued at sentencing.¹

Mitigated: 2 years
Minimum: 2.5 years
Presumptive: 3.5 years
Maximum: 7 years
Aggravated: 8.75 years

Mitigated terms require substantial justification for leniency. Aggravated terms get used when something about the crime or the victim pushes the court past the normal maximum. Most first offenses without those pressures sit near the presumptive middle.

How Prior Felonies Change the Numbers

The ranges climb sharply once a defendant has a felony record. Arizona’s repetitive-offender statute creates two tiers above the first-offense range.⁶

With one prior felony (category two):

Mitigated: 3.25 years
Minimum: 4.5 years
Presumptive: 6.5 years
Maximum: 13 years
Aggravated: 16.25 years

With two or more prior felonies (category three):

Mitigated: 7.5 years
Minimum: 10 years
Presumptive: 11.25 years
Maximum: 20 years
Aggravated: 25 years

The same class of felony that would draw a presumptive 3.5 years for a first offense draws 11.25 years with two priors on the record.

The Dangerous Offense Designation

Arizona defines a dangerous offense as one that involves the discharge, use, or threatening display of a deadly weapon or dangerous instrument, or the intentional infliction of serious physical injury.⁷ If a Class 3 felony carries this designation, two things change.

Prison becomes mandatory. The judge cannot suspend the sentence, grant probation, or release the defendant on any basis until the imposed term has been served.⁸ The sentencing range also rises:

Minimum: 5 years
Presumptive: 7.5 years
Maximum: 15 years

Note that the minimum for a dangerous first offense (5 years) is higher than the presumptive term for a non-dangerous first offense.

When Probation Is on the Table

For non-dangerous Class 3 felonies, the judge has discretion to grant probation instead of prison. First-time offenders are the usual candidates, but the decision depends on the specifics of the case, the defendant’s background, and whether victims speak at sentencing.

Probation for a Class 3 felony can last up to five years, with a possible five-year extension if restitution remains unpaid at the end of the initial term. Conditions typically include drug testing, community service, counseling, and regular check-ins with a probation officer. The court can also impose up to one year in county jail as a condition of probation, so a probation sentence does not always mean avoiding incarceration altogether.

Probation is off the table when the offense is dangerous, because prison is mandatory in that scenario.⁸ Certain prior felony convictions can also disqualify a defendant.

Fines, Surcharges, and Restitution

A Class 3 felony conviction can carry a fine of up to $150,000.⁹ That’s not the whole cost. Arizona adds mandatory surcharges totaling 78% on top of any fine, plus flat assessments.¹⁰ A $10,000 fine becomes $17,800 after the surcharge, before any flat fees.

Restitution is separate from fines and is required in full. The court orders it based on the victim’s actual provable losses, which can include medical bills, property damage, and lost income. Fines go to the government; restitution goes to the person harmed. Restitution cannot be discharged in bankruptcy and stays enforceable as a lien against the defendant’s property.

Gun Rights After a Conviction

A felony conviction in Arizona strips the right to vote, serve on a jury, hold public office, and possess a firearm. For a first-time offender, most of those rights come back automatically once the sentence (prison or probation) is complete and all restitution is paid. No petition is required.¹¹

Firearm rights are the exception. If the Class 3 felony was a dangerous offense or appears on Arizona’s list of “serious offenses,” gun rights are not automatically restored even for a first offender. A separate petition to the court is required.¹¹ With more than one felony conviction, nothing is automatic at all; the defendant must apply to the superior court, and the judge decides.¹²

There is a federal trap people miss. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than a year in prison is barred from possessing firearms or ammunition.¹³ Every Class 3 felony clears that threshold. The federal ban applies regardless of what Arizona has done with your state rights, and violating it is itself a federal felony. People get caught after completing their sentence, receiving a letter restoring state rights, buying a gun, and then facing new federal charges.

If You Are Not a U.S. Citizen

For non-citizens, immigration consequences can outweigh the prison sentence. Federal immigration law treats certain state convictions as “aggravated felonies,” a label that doesn’t require the crime to actually be aggravated or even a felony under state law. Many Class 3 felonies in Arizona qualify, including theft offenses with a one-year sentence and drug trafficking crimes.

An aggravated felony conviction triggers mandatory immigration detention, bars asylum and most other forms of relief, and can permanently prevent reentry after removal. Lawful permanent residents are not shielded from any of this. Anyone without U.S. citizenship facing a Class 3 charge should treat the immigration side as a central part of the defense, not something to deal with later.

Clearing the Record Later

After completing a sentence or probation, a defendant can ask the court to set aside the judgment of guilt. Arizona does not call this expungement for most offenses, but a set-aside dismisses the accusation and releases the defendant from the penalties and disabilities of the conviction.¹⁴

There is no filing fee. The court weighs factors including the nature of the offense, how much time has passed, whether restitution has been paid, and the defendant’s age at the time of the crime. A granted set-aside also restores firearm rights, unless the offense was a “serious offense” under Arizona law.¹⁴

Not every conviction qualifies. Dangerous offenses, offenses requiring sex offender registration, crimes with a finding of sexual motivation, and felonies where the victim was a child under 15 are all excluded.¹⁴ Because many Class 3 felonies carry the dangerous designation, a significant number of defendants are shut out.

How Long the State Has to File Charges

Arizona generally gives prosecutors seven years from the date of the offense to file charges for most Class 2 through Class 6 felonies, which covers the majority of Class 3 cases. Some serious crimes, particularly those involving victims under 15 or homicide, have longer periods or no limit at all. Once the window closes, prosecution is barred no matter how strong the evidence.

1
Arizona Legislature. Arizona Code 13-702 – First Time Felony Offenders; Sentencing; Definition
2
Arizona Legislature. Arizona Code 13-1802 – Theft; Classification; Definitions
3
Arizona Legislature. Arizona Code 13-1204 – Aggravated Assault; Classification; Definitions
4
Arizona Legislature. Arizona Code 13-2923 – Stalking; Classification; Exceptions; Definitions
5
Arizona Legislature. Arizona Code 13-1211 – Discharging a Firearm at a Structure; Classification
6
Arizona Legislature. Arizona Code 13-703 – Repetitive Offenders; Sentencing
7
Arizona Legislature. Arizona Code 13-105 – Definitions
8
Arizona Legislature. Arizona Code 13-704 – Dangerous Offenders; Sentencing
9
Arizona Legislature. Arizona Code 13-801 – Fines for Felonies
10
Joint Legislative Budget Committee. Current Statutory Court Surcharges and Assessments on Criminal and Civil Fines, Penalties, Forfeitures, Traffic Violations, and Local Ordinances
11
Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights
12
Arizona Legislature. Arizona Code 13-908 – Restoration of Civil Rights; Application; Firearm Rights; Definition
13
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
14
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge