Understanding Criminal Sentencing in Arizona
Arizona does not give judges a blank range and broad discretion. It gives them a structure, built around a presumptive term for each felony class, with defined steps above and below it and specific findings required to move off the middle.
Understanding that structure explains why so much of a criminal case is fought over the class of the charge and over allegations that have nothing to do with guilt.
The Presumptive Term Is the Starting Point
For a first felony offense, unless a specific sentence is provided elsewhere, the term is the presumptive sentence. A court may move up or down within the statutory range, but the presumptive is the default and moving away from it requires findings.
Under A.R.S. § 13-702, the ranges for a first felony offense that is not dangerous are as follows.
| Felony class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 | 4 months | 6 months | 1 year | 1.5 years | 2 years |
Class 1 felonies are handled separately. That class is reserved for first and second degree murder, each with its own sentencing statute.
What It Takes To Move Off the Presumptive
Aggravating and mitigating circumstances are listed by statute, and the process has real requirements.
An aggravated or mitigated term may be imposed only if at least two aggravating circumstances are found true beyond a reasonable doubt by the trier of fact or admitted by the defendant, or if mitigating circumstances are found true by the court. The findings and the reasons for them must be stated on the record at sentencing.
The court also has to tell the parties before sentencing that it intends to aggravate or mitigate. A party that is not informed and does not object at the time waives the point.
Mitigation is where defense work shows up at this stage. Employment history, family responsibilities, treatment records, restitution already paid, letters from people who know the person, and the defendant’s role relative to co defendants all belong in front of the judge, and none of it arrives unless someone assembles it.
Three Things That Change Everything
- Prior felony convictions. Arizona’s repetitive offender statutes raise the ranges substantially for a person with one prior historical felony conviction, and again for a person with two or more. The increase is not incremental. It frequently doubles the exposure.
- A dangerous offense allegation. Where the offense involved the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury, a separate sentencing statute applies. Ranges rise and probation is generally unavailable. This is why an allegation attached to a violent crime charge matters as much as the charge itself.
- Dangerous crimes against children. A separate statute with its own ranges, applicable to specified offenses against victims under a defined age, carrying the harshest non capital sentencing in the Arizona code.
Because these allegations are pleaded separately from the offense, they are also negotiated separately. Getting one dropped can change an outcome more than a reduction in the charge, which is why they feature so heavily in plea negotiations.
Probation Instead of Prison
Many felonies are probation eligible. Where a person is probation eligible and the court grants it, the prison term is suspended.
Some categories are not eligible, including most dangerous offenses and certain repetitive offenders.
Arizona also makes probation mandatory in one significant category. Under A.R.S. § 13-901.01, a person convicted of personal possession or use of a controlled substance or drug paraphernalia must be placed on probation rather than sentenced to prison, subject to exclusions. That provision resolves a great many drug possession cases without incarceration. What probation actually involves is covered in our guide to supervision and violations.
Concurrent or Consecutive
When someone is sentenced on more than one count, terms may run at the same time or one after another. A judge deciding to stack sentences can turn moderate individual terms into a very long total, and the argument over concurrent against consecutive is frequently the most consequential part of a sentencing hearing.
How Much Gets Served
Arizona is a truth in sentencing state. A person sentenced to prison serves the large majority of the term before any release credit applies, and the old system of parole eligibility does not exist for most modern offenses.
That makes a prison sentence in Arizona mean substantially more actual time than the same number in states with broad parole systems. Our guide to probation and parole explains what replaced it.
Misdemeanor Sentencing
Different structure entirely. Maximum jail terms under A.R.S. § 13-707 are six months for a class 1 misdemeanor, four months for a class 2, and thirty days for a class 3, with probation available up to three, two, and one year respectively.
A repeat conviction for the same misdemeanor within two years is sentenced at the next higher class. The full breakdown sits in our guide to charge classifications.
What Else Comes With a Sentence
Fines and surcharges, restitution to victims, probation supervision fees, and assessments are ordered alongside incarceration and frequently outlast it financially. Those are covered in our guide to fines and restitution.
Collateral consequences arrive too, including firearm loss, licensing problems, and immigration exposure.
The Presentence Report
Before sentencing, the probation department prepares a report covering the offense, your history, victim input, and a recommendation. Both sides may object to its contents and may present evidence at the hearing.
That report follows the case into the judge’s chambers and carries real weight. Reviewing it carefully and correcting errors is not optional work.
Talk to an Arizona Criminal Defense Attorney
Sentencing is not the end of a case where nothing can be done. It is a hearing with rules, findings, and a record, and it rewards preparation. Citrine Law handles criminal defense throughout Yuma County and appears regularly for clients charged near the border. The consultation is free, we work in English and Spanish, and nothing you tell us leaves this office. Call us today.