Misdemeanor
Like most states, Arizona criminal law classifies misdemeanors based on the severity of the offense. Misdemeanors in Arizona can result in jail time, fines and additional penalties that negatively affect an Arizona defendant’s life. Arizona misdemeanors are generally designated as Class 1, 2, 3. A Class 2 misdemeanor is designated if a lawmaker fails to classify the crime.
Misdemeanor Classifications
Class 1 Misdemeanor
Class 1 misdemeanors are considered the most severe and are punishable by up to six months in jail, a fine of up to $2,500 and up to three years of probation time.
Examples of Class 1 Misdemeanors in Arizona:
DUI
Possession of marijuana when cited by Arizona law enforcement
Shoplifting
Domestic violence offenses, which include disorderly conduct
Assault that causes physical injury
Burglary
Unlawful possession of a weapon
Class 2 Misdemeanors
A Class 2 misdemeanor conviction can lead to a sentence of up to four months in jail, a $750 fine, and up to two years of probation time.
Examples of Class 2 misdemeanors in Arizona:
Assault
Criminal trespassing in the second degree
Reckless driving
Providing a false police report
Vandalism
Theft of items valued between $50 and $500
Class 3 Misdemeanors
A Class 3 misdemeanor is considered the least severe for of Arizona misdemeanor offenses and can result in a 30-day jail sentence, a $500 fine and a year of probation time.
Examples of Class 3 Misdemeanors in Arizona:
Criminal speeding
Simple assault
Criminal trespass in the third degree
Violation of a promise to appear
Public intoxication
Harassment
Theft of items valued under $50
HOW THE COURT DETERMINES WHETHER AN OFFENSE IS A FELONY OR MISDEMEANOR
In many criminal cases, it is the court itself that will ultimately determine whether the offense in question classifies as a felony or a misdemeanor. The court will look to several factors when making their determination, including (but not limited to):
Existing Arizona laws
The nature of the offense committed
The judge's own discretion
The evidence presented, argued and brought forth in the case
This last point in particular is especially salient since most other factors are outside the defendant's control. How evidence is presented, however, strongly hinges on finding effective legal representation from a Phoenix criminal defense lawyer who will effectively defend your legal rights.
The need for effective legal representation is especially applicable for defendants whose offense straddles the line between misdemeanor and felony. While all criminal convictions are serious, a felony conviction has far greater consequences both in terms of prison time as well as the restriction of rights such as voting and owning firearms.
If you’ve been charged with a misdemeanor in Arizona, get trusted legal counsel to work on your case by calling the Tyler Allen Law firm at (602) 456-0545.
Sources: https://www.azleg.gov/ars/13/00707.htm
Blog Articles | Misdemeanor Offenses
Our expert criminal defense team at Tyler Allen Law Firm has over 30 years combined experience defending clients charged with felonies. We have compiled that vast array of knowledge into several informative blog articles to answer many frequently asked questions from those charged with these crimes.
What Classifies As a Misdemeanor Offense (As Opposed to a Felony)?
Misdemeanor Classes in Arizona [Infographic]
Can You Go to Jail for a Misdemeanor in Arizona?
Can You Get a Felony Reduced to a Misdemeanor?
Is Theft a Felony or Misdemeanor in Arizona? [Infographic]
Is Burglary a Felony or a Misdemeanor in Arizona? [Infographic]