What are the Differences Between the Different Types of Arizona DUIs?
Facing any criminal charge in Arizona is a serious matter. But, if you are being charged with a felony offense, the consequences of a conviction could be far more severe. The standard (or “presumptive”) prison sentences for felony offenses start at one year of incarceration—and they go all the way to capital punishment for the most serious crimes.
As a result, if you have been arrested for a crime in Arizona, you need to know if you are being charged with a felony offense. If you are being accused of a felony, you also need to know the “Class” of the felony charge that prosecutors are pursuing. This is one of the key factors determining what is at stake in your case, which is important to know when making decisions about your defense.
Under the Arizona Revised Statutes, there are six classes of felony offenses. These classes are labeled as Class 1 through Class 6. This is not to be confused with the “degrees” of crimes that prosecutors can charge. The degree of a crime determines what prosecutors need to prove, and different degrees of a crime can fall into one or more classes for sentencing purposes.
Here are some examples of crimes that fall into each of Arizona’s six felony classes:
Class 1 Felonies
Class 2 Felonies
Class 3 Felonies
Class 4 Felonies
Class 5 Felonies
Class 6 Felonies
Again, these are just examples. There are many more felony crimes under Arizona law. If you’ve been charged with a crime, our defense lawyers can evaluate the charges against you, determine what penalties are on the table, and identify your available defenses.
Arizona law establishes a range of possible prison sentences for felonies in each Class. At the middle of the range is the “presumptive” sentence, or the sentence the court will generally impose absent any mitigating or aggravating factor. Suppose the judge or jury finds one mitigating factor. In that case, the court can impose the “minimum” sentence (which isn’t actually the minimum in most cases). If the judge or jury finds two mitigating factors, the court can impose the “mitigated” sentence.
On the other side of the coin, if the judge or jury finds one aggravating factor, the court can impose the “maximum” sentence (which isn’t actually the maximum in most cases). If the judge or jury finds two aggravating factors, the court can impose the “aggravated” sentence.
For a first-time, non-dangerous felony offense, the potential prison sentences are as follows:
Class 2 Felonies
Class 3 Felonies
Class 4 Felonies
Class 5 Felonies
Class 6 Felonies
Note that we said these were the potential prison sentences for first-time, non-dangerous felonies. If you are being charged as a repeat offender, or if you are being charged with a “dangerous” felony, then you are facing enhanced penalties. A “dangerous” felony is defined as a crime involving either (i) discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument or (ii) intentional or knowing infliction of serious physical injury. Finally, murder charges under Class 1 carry sentences ranging from 10-25 years (second-degree murder) to life imprisonment or the death penalty (first-degree murder).
If you are facing a felony charge in Arizona, you must discuss your case with an experienced criminal defense lawyer as soon as possible. Regardless of the facts involved, you have defenses available.
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