Arizona Felony Classes and Misdemeanor Penalties (2026)

Arizona separates felonies from misdemeanors by where a sentence may be served: a felony is an offense for which "a term of imprisonment in the custody of the state department of corrections is authorized," and a misdemeanor is one for which imprisonment "other than to the custody of the state department of corrections" is authorized (A.R.S. 13-105). Arizona then sorts felonies into six numbered classes and misdemeanors into three (A.R.S. 13-601), and its sentencing tables set lower terms and fines as the class number rises.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona's general classification, sentencing-range, fine and probation provisions in Title 13 of the Arizona Revised Statutes (sections 13-105, 13-601, 13-602, 13-604, 13-604.01, 13-702, 13-703, 13-707, 13-751, 13-801, 13-802 and 13-901 to 13-903). It does not cover the grading of specific offenses, dangerous-offense and dangerous-crimes-against-children sentencing, felony time limits, record clearing, federal offenses or local ordinances. For other states, see felony and misdemeanor classes by state.

Felony vs misdemeanor vs petty offense in Arizona

Arizona's definitions in A.R.S. 13-105 turn on the sentence the law authorizes:

"18. Felony means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. ... 25. Misdemeanor means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. ... 31. Petty offense means an offense for which a sentence of a fine only is authorized by law."

The same section defines a crime as "a misdemeanor or a felony." A petty offense, which carries only a fine, is therefore an offense but not a crime under Arizona's Title 13 definitions.

Arizona felony and misdemeanor classes

A.R.S. 13-601 classifies felonies "for the purpose of sentence" into class 1 through class 6 and misdemeanors into class 1 through class 3, and states that "petty offenses are not classified." The table shows the first-offense felony terms from A.R.S. 13-702(D) and the misdemeanor maximums from A.R.S. 13-707(A). Felony terms apply to a first felony offense "unless a specific sentence is otherwise provided"; repeat offenders are sentenced from different tables (see below).

The fine ceilings come from two sections. A.R.S. 13-801(A) says a fine for a felony is "an amount fixed by the court not more than one hundred fifty thousand dollars." A.R.S. 13-802 sets the misdemeanor ceilings at $2,500 (class 1), $750 (class 2) and $500 (class 3), and the petty offense ceiling at $300. These ceilings apply to individuals: 13-801(C) and 13-802(F) each state that the section "does not apply to an enterprise."

Arizona's most severe sentences sit outside the 13-702 table. Under A.R.S. 13-751(A)(1), when the state has filed a notice of intent to seek the death penalty and a defendant who was at least 18 at the time of the offense is convicted of first degree murder under 13-1105(A)(1) or (3), the defendant "shall be sentenced to death or imprisonment in the custody of the state department of corrections for natural life." First degree murder is "punishable by death or life imprisonment as provided by sections 13-751 and 13-752" (A.R.S. 13-1105(D)). Second degree murder is also a class 1 felony (A.R.S. 13-1104(C)); except as provided in 13-705 or 13-706(A), a first conviction carries a minimum of 10, a presumptive 16 and a maximum of 25 calendar years, rising to 15, 20 and 29 calendar years where the person has a prior second degree murder conviction or a prior class 2 or 3 felony involving a dangerous offense, unless 13-704 or 13-706(A) applies (A.R.S. 13-710). Arizona's life sentence rules cover those terms.

How a felony sentence is set

Arizona uses statutory presumptive terms. Under A.R.S. 13-702(A), "unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D." The maximum and aggravated columns are the outer limits, not the starting point.

The aggravated column has a condition. Under 13-702(B), for a person with no prior felony conviction, the court may increase the maximum term to an aggravated term only "if at least two of the aggravating factors listed in section 13-701, subsection D apply." Under 13-702(C), at least two aggravating circumstances must be found true beyond a reasonable doubt by the trier of fact or admitted by the defendant, except that the circumstance in 13-701(D)(11) is found by the court. The mitigated term likewise requires the court to find at least two mitigating factors listed in 13-701(E) (13-702(B)).

Prior felonies change the table. Where a person is convicted of several felonies not committed on the same occasion that are consolidated for trial or are not historical prior felony convictions, the first is sentenced under 13-702 and the rest as category one repetitive offenses (A.R.S. 13-703(A)). Section 13-703 sentences a person with one historical prior felony conviction as a category two repetitive offender and a person with two or more as a category three repetitive offender, each under its own, higher ranges (except as provided in 13-704 or 13-705). For example, the category three table for a class 2 felony runs from a mitigated 10.5 years to an aggravated 35 years, with a presumptive 15.75 years.

Offenses without a class

For offenses defined outside Title 13, A.R.S. 13-602 supplies defaults:

• An offense declared a felony "without either specification of the classification or of the penalty is a class 5 felony" (13-602(A)).
• An offense declared a misdemeanor without either is "a class 2 misdemeanor" (13-602(B)).
• An offense with neither a felony or misdemeanor designation nor a classification or penalty "is a petty offense" (13-602(C)).

Felonies that can become misdemeanors

Arizona's main wobbler provision, A.R.S. 13-604, covers class 6 felonies. Under A.R.S. 13-604(A), if a person is convicted of "any class 6 felony not involving a dangerous offense" and the court considers it "unduly harsh to sentence the defendant for a felony," the court may enter judgment for a class 1 misdemeanor, or place the person on probation and "refrain from designating the offense as a felony or misdemeanor until the probation is terminated." That option "does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies."

Until the court designates it, an undesignated offense "shall be treated as a misdemeanor for all purposes" (13-604(A)) except those listed in 13-604(B), where it counts as a felony conviction, including felony probation, DNA collection, firearm rights, use as a historical prior felony conviction, impeachment, and sentence enhancement. Under 13-604(C), the court shall designate the offense a misdemeanor when the person successfully completes probation and is discharged; an outstanding monetary obligation does not prevent this unless the person owes victim restitution or has wilfully failed to pay.

The prosecutor also has a role. Under 13-604(D), an offense punishable "in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor" is deemed a misdemeanor if the prosecutor files an information in superior court, or a complaint in justice or municipal court, designating it a misdemeanor, or, with the defendant's consent, amends the complaint before or during the preliminary hearing to charge a misdemeanor.

A separate, temporary provision, A.R.S. 13-604.01, added by Laws 2026, chapter 109 (HB 2749), lets a court enter a class 1 misdemeanor judgment for a class 4, 5 or 6 felony not involving a dangerous offense if it determines that the person has no prior felony conviction, the offense did not involve a victim, the person has completed every term and condition of the sentence including full payment of all monetary obligations, at least five years have passed since the sentence was completed without a later felony or victim-involving misdemeanor conviction, and the change is in the interest of justice. It does not apply to convictions under 13-2910, 13-3102 or 13-3821, and the act repeals the section after September 30, 2028.

Repeat misdemeanors

A.R.S. 13-707(B) raises the class for some repeat offenses. An adult (or a person tried as an adult) convicted of a misdemeanor or petty offense, other than a traffic offense, who was convicted of one or more of the same misdemeanors or petty offenses within the two years before the present offense "shall be sentenced for the next higher class of offense."

Probation length and violations

A.R.S. 13-902(A) sets how long probation may last "unless terminated sooner":

Section 13-902(B) sets different periods for some offenses: five years for a violation of A.R.S. 28-1381 or 28-1382, and ten years for a violation of 28-1383. Under 13-902(C), if restitution ordered as a condition of probation has not been paid, the court may, before probation ends, extend it by up to five years for a felony or two years for a misdemeanor. Under 13-902(E), after a felony conviction or an attempt to commit an offense in chapter 14 or 35.1 of Title 13 (sexual offenses and sexual exploitation of children) or sections 13-2308.01, 13-2308.03, 13-2923, 13-3212 or 13-3623, probation, if available, may run from the 13-902(A) term up to life; 13-902(F) allows the same for a failure to register under 13-3824(A) where the offense that required registration was a felony. The table reflects subsection (A) only and is not a complete list of every probation term in Arizona law.

On a violation, A.R.S. 13-901(E) lets the court "issue a warrant for the rearrest of the defendant and ... modify or add to the conditions or, if the defendant commits an additional offense or violates a condition, ... revoke probation in accordance with the Arizona rules of criminal procedure at any time before the expiration or termination of the period of probation." Under A.R.S. 13-903(D), the probation period stops running from the filing of a petition to revoke until the revocation proceedings end, "except that if a court determines that the defendant is not a violator, there is no interruption of the period of probation."

Recent changes

In its 2026 regular session, the Arizona Legislature enacted three acts touching these sections:

• Laws 2026, chapter 27 (SB 1092), approved by the Governor on April 9, 2026, amended 13-901, 13-923 and 13-924 on probation for dangerous crimes against children; among other changes, the court may not terminate probation early for a person convicted on or after January 1, 2027 of a dangerous crime against children as defined in 13-705.
• Laws 2026, chapter 109 (HB 2749), approved on June 4, 2026, added A.R.S. 13-604.01 (described above), which the act repeals after September 30, 2028.
• Laws 2026, chapter 186 (SB 1662), approved on June 19, 2026, on probation supervision and reasonably necessary conditions, amended 13-901, 13-903, 13-917 and 13-924.

Related legal issues

Specific offenses are assigned to these classes in their own statutes. For how theft is graded, see Arizona theft laws; for assault, see Arizona assault and battery laws. Whether a conviction can be set aside or sealed is covered on the Arizona expungement laws page, and the time limits for bringing charges are on the Arizona statute of limitations page.

Related pages

• Felony and misdemeanor classes by state
• Arizona theft laws
• Arizona assault and battery laws
• Arizona expungement laws
• How long is a life sentence in Arizona
• California felony and misdemeanor classes
• Nevada felony and misdemeanor classes

This article provides general legal information about Arizona law and is not legal advice. Sentences depend on the specific offense statute, prior record and facts of each case. For advice about a specific situation, contact a lawyer licensed in Arizona.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Arizona?

Under A.R.S. 13-105, a felony is an offense for which a term of imprisonment in the custody of the state Department of Corrections is authorized, and a misdemeanor is an offense for which a term of imprisonment other than in that custody is authorized.

What are the felony classes in Arizona?

A.R.S. 13-601 sorts felonies into class 1 through class 6. For a first offense, A.R.S. 13-702(D) sets presumptive terms from 5 years (class 2) down to 1 year (class 6), unless a specific sentence is otherwise provided.

How much time is a class 6 felony in Arizona?

For a first felony offense, A.R.S. 13-702(D) sets a presumptive term of 1 year, a minimum of 0.5 and maximum of 1.5 years, a mitigated term of 0.33 years and an aggravated term of 2 years, unless a specific sentence is otherwise provided. The aggravated and mitigated terms each require at least two aggravating or mitigating factors (13-702(B) and (C)). A class 6 felony not involving a dangerous offense may be designated a class 1 misdemeanor under A.R.S. 13-604, subject to its limits.

What is a class 1 misdemeanor in Arizona?

It is the highest of Arizona's three misdemeanor classes. Under A.R.S. 13-707(A) and 13-802(A), it carries up to six months in jail and a fine of up to $2,500, and probation may run up to three years (A.R.S. 13-902(A)), extendable by up to two years if court-ordered restitution is unpaid (13-902(C)).

Is a petty offense a crime in Arizona?

No. A.R.S. 13-105 defines a crime as a misdemeanor or a felony, and a petty offense is an offense for which only a fine is authorized. The fine is up to $300 (A.R.S. 13-802(D)).

Does Arizona have wobblers?

A.R.S. 13-604 works that way for class 6 felonies. Under it, the court may enter a class 6 felony not involving a dangerous offense as a class 1 misdemeanor or leave it undesignated during probation, and a prosecutor may file, or with the defendant's consent amend, an offense punishable either way as a misdemeanor. The court option does not apply to a person with two or more prior felony convictions. Separately, A.R.S. 13-604.01, which is repealed after September 30, 2028, lets a court enter a class 1 misdemeanor judgment for some class 4, 5 or 6 felonies at least five years after the sentence is completed, if its conditions are met.

How long is probation in Arizona?

Under A.R.S. 13-902(A), unless terminated sooner, probation may continue up to 7 years for a class 2 felony, 5 for class 3, 4 for class 4, 3 for class 5 or 6, and 3, 2 and 1 years for class 1, 2 and 3 misdemeanors. Section 13-902(B) allows 5 years for violations of 28-1381 or 28-1382 and 10 years for 28-1383. Longer periods apply for unpaid restitution (13-902(C)) and, up to life, for listed offenses including sexual offenses, child abuse, stalking and terrorism, and for felony-based failure to register (13-902(E) and (F)).

What happens if you violate probation in Arizona?

Under A.R.S. 13-901(E), the court may issue a warrant, modify or add conditions, or, if the person commits an additional offense or violates a condition, revoke probation under the Arizona rules of criminal procedure before the period ends. Under A.R.S. 13-903(D), the probation clock stops while a petition to revoke is pending unless the court determines the person is not a violator.