Charges and sentences
Felony and misdemeanor classes in Arizona
Arizona grades felonies in six classes, from class 1 (the most serious) to class 6, and misdemeanors in three classes, class 1 to class 3. Petty offenses are not classified. Prison terms for felonies depend on the class and on whether it is a first conviction, a dangerous offense or a repeat case.1
Checked October 29, 2026 against Arizona's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Arizona, a felony is an offense that can be punished by a sentence in the state department of corrections (state prison). A misdemeanor is an offense that can be punished only by a term served somewhere other than state prison, such as county jail.1
- Felony theft starts at
- $1,000How theft is graded
- When a DUI is a felony
- A third or later DUI within 84 months is aggravated DUI, a class 4 felony. A first or second DUI is a class 1 misdemeanor.2
Felony classes in Arizona
From most to least serious: Class 1, Class 2, Class 3, Class 4, Class 5, Class 6. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class 1 felony | Death or life imprisonmentClass 1 is first-degree murder. | Up to $150,000 | A.R.S. § 13-1105(D); § 13-801(A)7 |
| Class 2 felony | 3 to 12.5 years for a first felony conviction (presumptive 5 years)First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses. | Up to $150,000 | A.R.S. § 13-702(D); § 13-801(A)8 |
| Class 3 felony | 2 to 8.75 years for a first felony conviction (presumptive 3.5 years)First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses. | Up to $150,000 | A.R.S. § 13-702(D); § 13-801(A)8 |
| Class 4 felony | 1 to 3.75 years for a first felony conviction (presumptive 2.5 years)First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses. | Up to $150,000 | A.R.S. § 13-702(D); § 13-801(A)8 |
| Class 5 felony | 0.5 to 2.5 years for a first felony conviction (presumptive 1.5 years)First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses. | Up to $150,000 | A.R.S. § 13-702(D); § 13-801(A)8 |
| Class 6 felony | 0.33 to 2 years for a first felony conviction (presumptive 1 year)First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses. | Up to $150,000 | A.R.S. § 13-702(D); § 13-801(A)8 |
Misdemeanor classes in Arizona
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class 1 misdemeanor | Up to 6 months | Up to $2,500 | A.R.S. § 13-707(A)(1); § 13-802(A)5 |
| Class 2 misdemeanor | Up to 4 months | Up to $750 | A.R.S. § 13-707(A)(2); § 13-802(B)5 |
| Class 3 misdemeanor | Up to 30 days | Up to $500 | A.R.S. § 13-707(A)(3); § 13-802(C)5 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Petty offense | Fine of up to $300Petty offenses are not divided into classes. | A.R.S. § 13-601(C); § 13-802(D)9 |
Good to know
A judge may enter a class 6 felony that is not a dangerous offense as a class 1 misdemeanor, or leave it undesignated until probation ends, unless the person has two or more earlier felony convictions. A 2026 law also lets a court enter a class 1 misdemeanor in place of some class 4, 5 or 6 felonies with no victim, for people with no earlier felony, once five years have passed since the sentence was completed; that law is repealed after Sept. 30, 2028.3
An offense outside Arizona's criminal code that is called a felony, with no class or penalty given, is a class 5 felony. A misdemeanor with no class given is a class 2 misdemeanor.4
A person convicted of a misdemeanor or petty offense (other than a traffic offense) who was convicted of the same offense within the past two years is sentenced for the next higher class.5
When theft is a felony in Arizona
In Arizona, theft of property worth $1,000 or more is a felony. It is a class 6 felony from $1,000 to under $2,000 and rises to a class 2 felony at $25,000 or more. Below $1,000 it is a class 1 misdemeanor, unless the property is a firearm or taken from a person, which makes it a class 6 felony.6
DUI in Arizona
Arizona calls it driving under the influence (DUI). The statute covers driving or being in actual physical control of a vehicle. The felony version is called aggravated DUI.
- Repeat offenses
- A third or later DUI within 84 months is aggravated DUI, a class 4 felony. A first or second DUI is a class 1 misdemeanor.
- Which past offenses count
- 84 months for the felony, counted by offense dates. Time in custody or on absconder status is not counted. A second DUI within 84 months brings higher misdemeanor penalties.
- Other felony versions
- Aggravated DUI is also a class 4 felony if the person was driving on a suspended, canceled, revoked or refused license (or one restricted because of an earlier DUI), was required to have an ignition interlock device, or was driving the wrong way on a highway. With a child under 15 in the vehicle, it is a class 6 felony.
A.R.S. §§ 28-1381(C), (K), 28-1383(A), (B), (O)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Arizona?
In Arizona, a felony is an offense that can be punished by a sentence in the state department of corrections (state prison). A misdemeanor is an offense that can be punished only by a term served somewhere other than state prison, such as county jail.
What is a Class 1 felony in Arizona?
In Arizona, the prison range for a Class 1 felony is death or life imprisonment, and the fine is up to $150,000. Class 1 is first-degree murder.
What is a Class 2 felony in Arizona?
In Arizona, the prison range for a Class 2 felony is 3 to 12.5 years for a first felony conviction (presumptive 5 years), and the fine is up to $150,000. First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses.
What is a Class 3 felony in Arizona?
In Arizona, the prison range for a Class 3 felony is 2 to 8.75 years for a first felony conviction (presumptive 3.5 years), and the fine is up to $150,000. First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses.
What is a Class 4 felony in Arizona?
In Arizona, the prison range for a Class 4 felony is 1 to 3.75 years for a first felony conviction (presumptive 2.5 years), and the fine is up to $150,000. First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses.
What is a Class 5 felony in Arizona?
In Arizona, the prison range for a Class 5 felony is 0.5 to 2.5 years for a first felony conviction (presumptive 1.5 years), and the fine is up to $150,000. First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses.
What is a Class 6 felony in Arizona?
In Arizona, the prison range for a Class 6 felony is 0.33 to 2 years for a first felony conviction (presumptive 1 year), and the fine is up to $150,000. First-offense range, from the mitigated to the aggravated term. Different ranges apply to repeat and dangerous offenses.
What is a Class 1 misdemeanor in Arizona?
In Arizona, the jail range for a Class 1 misdemeanor is up to 6 months, and the fine is up to $2,500.
What is a Class 2 misdemeanor in Arizona?
In Arizona, the jail range for a Class 2 misdemeanor is up to 4 months, and the fine is up to $750.
What is a Class 3 misdemeanor in Arizona?
In Arizona, the jail range for a Class 3 misdemeanor is up to 30 days, and the fine is up to $500.
How much theft is a felony in Arizona?
In Arizona, theft of property worth $1,000 or more is a felony. It is a class 6 felony from $1,000 to under $2,000 and rises to a class 2 felony at $25,000 or more. Below $1,000 it is a class 1 misdemeanor, unless the property is a firearm or taken from a person, which makes it a class 6 felony.
Is a DUI a felony in Arizona?
A third or later DUI within 84 months is aggravated DUI, a class 4 felony. A first or second DUI is a class 1 misdemeanor. Aggravated DUI is also a class 4 felony if the person was driving on a suspended, canceled, revoked or refused license (or one restricted because of an earlier DUI), was required to have an ignition interlock device, or was driving the wrong way on a highway. With a child under 15 in the vehicle, it is a class 6 felony.
These are the general ranges in Arizona's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Arizona" https://secondchanceindex.com/felony-classes/arizona, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- A.R.S. § 13-105(18), (25)
- A.R.S. §§ 28-1381(C), (K), 28-1383(A), (B), (O)
- A.R.S. § 13-604(A); § 13-604.01
- A.R.S. § 13-602(A)-(B)
- A.R.S. § 13-707(B)
- A.R.S. § 13-1802(G)
- A.R.S. § 13-601. Classification of offensesArizona State Legislature
- A.R.S. § 13-604.01. Class 4, 5 or 6 felony; misdemeanor designation; definitionArizona State Legislature
- A.R.S. § 13-702. First time felony offenders; sentencing; definitionArizona State Legislature
- A.R.S. § 13-801. Fines for feloniesArizona State Legislature
- A.R.S. § 13-802. Fines for misdemeanorsArizona State Legislature
- A.R.S. § 13-1105. First degree murder; classificationArizona State Legislature
- A.R.S. § 28-1381. Driving or actual physical control while under the influenceArizona State Legislature
- Laws 2026, Chapter 109 (HB 2749)Arizona State Legislature