Arizona Criminal Defense Guide — Charges & Process
Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Arizona.
A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.
How Arizona classifies criminal offenses §13-702
Arizona divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.
Felony classifications
- Class 1 felony: varies to life, up to $150,000 fine - Class 2 felony: 3–12 years, up to $150,000 fine - Class 3 felony: 2–8 years, up to $150,000 fine - Class 4 felony: 1–3 years, up to $150,000 fine - Class 5 felony: 0–2 years, up to $150,000 fine - Class 6 felony: 0–1 years, up to $150,000 fine
Misdemeanor classifications §13-707
- Class 1 misdemeanor: up to 6 months, $2,500 fine - Class 2 misdemeanor: up to 4 months, $750 fine - Class 3 misdemeanor: up to 1 months, $500 fine
Felony vs. Misdemeanor comparison
| Misdemeanor | Felony | |
|---|---|---|
| Severity | Less serious offenses | More serious offenses |
| Incarceration | County jail (up to 1 year) §13-707 | State prison (1 year or more) §13-702 |
| Examples | Simple assault, petty theft, disorderly conduct | Aggravated assault, robbery, drug trafficking |
| Jury trial | 12-member jury | 12-member jury |
| Voting rights | Retained | Lost until restored |
| Firearm rights | Retained | Permanently prohibited §18 U.S.C. § 922 |
| Employment impact | Moderate — visible on background checks | Severe — bars certain professions |
| Expungement | More offenses eligible §13-911 | Fewer offenses eligible §13-911 |
The criminal process: arrest through resolution
Your rights in a criminal case
Every person accused of a crime in Arizona has constitutional protections:
- Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
- Right to an attorney — If you cannot afford one, one will be appointed §11-584 et seq.. County public defender offices provide defense; no unified state public defender office. Each county administers independently.
- Right to a speedy trial — Arizona does not set a fixed number of days for speedy trial. Set by court rule, not statute: Arizona's speedy-trial deadlines differ for in-custody and out-of-custody defendants, and certain periods are excluded from those timeframes. Confirm the current deadlines with a lawyer.
- Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
- Right to confront witnesses — You may cross-examine every witness the state calls against you
After a conviction: what comes next
Probation in Arizona: Varies by offense class: Class 2 felony up to 7 years; Class 3 up to 5 years; Class 4 up to 4 years; Class 5–6 up to 3 years; Class 1 misdemeanor up to 3 years; Class 2 up to 2 years; Class 3 up to 1 year. Certain DUI offenses, unpaid-restitution extensions and specified sex offenses (up to lifetime) are subject to separate rules §13-902; §13-901.
Clearing your record
Arizona does allow certain criminal records to be sealed or expunged §13-911. Waiting periods: Varies by offense class; must complete sentence. Effective January 1, 2023.. Arizona adopted expungement (record sealing) via Proposition 207 (marijuana) and HB 2067 (2022, broad expungement). Violent and sex offenses excluded. Filing fee waivable.
Common offense categories
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Arizona attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Class 1: up to life
- Class 2: 3–12 years
- Class 3: 2–8 years