What constitutes as a felony in the state of Arizona?
Any criminal offense committed will be classified as either a felony or a misdemeanor. More serious offenses are considered felonies and typically come with harsher penalties including prison time. A felony charge also means that you need an experienced criminal defense attorney in your corner to help fight these charges and reduce your punishment.
Felony crimes fall under 6 different classifications based on the severity and circumstances surrounding the crime. The class of felony a person is charged with determines the possible prison sentence in the event of a conviction.
Each class of felony comes with a presumptive, aggravated and mitigated sentence term that is based on the seriousness of the crime. Generally speaking, a defendant will be given the presumptive sentence in most cases unless the prosecution can show aggravating circumstances that warrant an aggravated sentence. In other cases, a judge may pass a mitigated sentence based on circumstances such as the defendant’s young age or minor role in the crime.
Here are the sentences associated with each class of felony:
Class 1 Felony – 25 years to life in prison – the death penalty is also possible in cases of first degree murder.
Class 2 Felony – 3 years to 12.5 years – 5 years presumptive
Class 3 Felony – 2 years to 8.75 years – 3.5 years presumptive
Class 4 Felony – 1 year to 3.75 years – 2.5 years presumptive
Class 5 Felony – .5 years to 2.5 years – 1.5 years presumptive
Class 6 Felony – .33 years to 2 years – 1 year presumptive
In addition to time in prison, punishment for a felony conviction can also include heavy fines, probation and community service. These penalties can be greatly affected by the defense of your case.
Kyle T. Green – Felony Attorney
One of the key advantages my clients have is that I bring my experience as a prosecuting attorney to the table. Having spent time on the prosecuting side of a felony case gives me insight into how the case will be handled in the legal system. I work first to have charges either thrown out altogether or reduced to a misdemeanor.
Even in more serious situations, negotiation skills and solid reputation in Arizona courts can lead to lower penalties and fines. My clear understanding of the sentencing laws here in Arizona allows me to build a strong defense for your felony case.
Prior Felonies and Statute of Limitations
If you have already been convicted of prior felony and are facing additional charges for the same crime or new charges for an unrelated crime, please call my office as soon as possible. A prosecuting attorney will use your prior record to make things even worse for you. With me in your corner, I can make sure that previous convictions do not influence your sentencing.
It’s also important to understand the statute of limitations when it comes to prosecuting felonies. In Arizona, once 7 years have passed since the time of the crime, the felony charges can no longer be prosecuted in most cases. I will work for you to ensure that you are not going to court for charges that should be thrown out because of the statute of limitations.
Felony Related Asset Forfeiture
When a person is charged with a felony, the law allows for the state of Arizona to seize the possessions of that person, especially possessions that are related to the crime. For example, if a person is caught transporting illegal drugs, the state can take possession of the vehicle that was involved. Other possessions that can be seized include homes, property, firearms and money. The government is allowed to sell these possessions through a public auction if they remain unclaimed after a certain period of time.
Have You Been Charged With a Felony?
Felony charges and convictions can have very serious and long-lasting consequences. Not only could they turn into prison time and probation, but they can also limit your abilities and opportunities in life. You need to fight any and all felony charges you face and I can help you do it. If you have had any possessions seized by the state of Arizona when you were charged with a felony I can also guide you through the process to request the items be returned to you.
Call my office today to set up a free initial case review. Allow me to take a closer look at the evidence and circumstances in your felony case and suggest a strategy for moving forward. Call 480-331-7568 today!