2018 Arizona Criminal Sentencing Guidelines
Non-Dangerous Felonies, First Offense
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| 5 | .5 years | .75 years | 1.5 years | 2 years | 2.5 years |
| 6 | .33 years | .5 years | 1 year | 1.5 years | 2 years |
Repeat convictions for non-dangerous felony offenses break into three categories, each of which indicates the number of previous offenses. So, category one indicates one previous conviction, category two is for two previous convictions, and category three for three.
Non-Dangerous Felonies, Second Offense (Category One)
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| 5 | .5 years | .75 years | 1.5 years | 2 years | 2.5 years |
| 6 | .25 years | .5 years | 1 year | 1.5 years | 2 years |
Non-Dangerous Felonies, Third Offense (Category Two)
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| 2 | 4.5 years | 6 years | 9.25 years | 18.5 years | 23 years |
| 3 | 3.25 years | 4.5 years | 6.5 years | 13 years | 16.25 years |
| 4 | 2.25 years | 3 years | 4.5 years | 6 years | 7.5 years |
| 5 | 1 year | 1.5 years | 2.25 years | 3 years | 3.75 years |
| 6 | .75 years | 1 year | 1.75 years | 2.25 years | 2.75 years |
Non-Dangerous Felonies, Fourth Offense (Category Three)
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| 2 | 10.5 years | 14 years | 15.75 years | 28 years | 35 years |
| 3 | 7.5 years | 10 years | 11.25 years | 20 years | 25 years |
| 4 | 6 years | 8 years | 10 years | 12 years | 15 years |
| 5 | 3 years | 4 years | 5 years | 6 years | 7.5 years |
| 6 | 2.25 years | 3 years | 3.75 years | 4.5 years | 5.75 years |
Arizona Non-Dangerous Felony Charges
When it comes to sentencing, Arizona breaks felonies into a variety of categories, including dangerous and non-dangerous, repeat versus first offenses, and which offenses are eligible for probation.
For defendants convicted of a non-dangerous, first offense felony, the court looks at mitigating and aggravating factors in sentencing. There must be at least two proven mitigating factors to reduce a sentence below the minimum, or two aggravating factors to increase it beyond the maximum. Mitigating factors include the defendant's age and role in the crime. Aggravating factors include whether an accomplice was present and the age of the victim.
Except for certain drug convictions, all people convicted of a first offense, non-dangerous felony are eligible for probation.
In Arizona, the only crimes charged as class 1 felonies are first and second degree murder. First degree murder is punishable by life imprisonment or death. Second degree murder conviction sentences range from 16 years to life in prison.
For other dangerous felonies, sentencing depends on whether it is a first or repeat offense. In addition, Arizona includes a second set of sentencing guidelines for offenders accused of multiple offenses that occurred at different times, but were tried together. These are referred to as repetitive offenses. For example, a single trial for a person accused of committing a string of armed robberies on different dates may result in an increased maximum sentence.
Arizona Dangerous Felony Charges
Dangerous felonies include "serious" and "violent or aggravated" offenses. Charges include, but are not limited to:
- Murder (first and second degree)
- Manslaughter
- Aggravated assault resulting in serious injury
- Sexual assault
- Sexual conduct with a child under age 15
- Dangerous crimes against children
- Arson of an occupied structure
- Armed robbery and burglary in the first degree
- Kidnapping
- Child prostitution
Dangerous Offenses, First Offense
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| 2 | 7 years | 10.5 years | 21 years |
| 3 | 5 years | 7.5 years | 15 years |
| 4 | 4 years | 6 years | 8 years |
| 5 | 2 years | 3 years | 4 years |
| 6 | 1.5 years | 2.25 years | 3 years |
Dangerous Offenses, One Historical Prior
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| 2 | 14 years | 15.75 years | 28 years |
| 3 | 10 years | 11.25 years | 20 years |
| 4 | 8 years | 10 years | 12 years |
| 5 | 4 years | 5 years | 6 years |
| 6 | 3 years | 3.75 years | 4.5 years |
Dangerous Offenses, Two Historical Priors
| Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| 2 | 21 years | 28 years | 35 years |
| 3 | 15 years | 20 years | 25 years |
| 4 | 12 years | 14 years | 16 years |
| 5 | 6 years | 7 years | 8 years |
| 6 | 4.5 years | 5.25 years | 6 years |
Dangerous Offenses Repetitive Offenses (Second Offense)
| Class | Minimum | Maximum | Increased Maximum |
|---|---|---|---|
| 2 | 10.5 years | 21 years | 26.25 years |
| 3 | 7.5 years | 15 years | 18.75 years |
| 4 | 6 years | 8 years | 10 years |
| 5 | 3 years | 4 years | 5 years |
| 6 | 2.25 years | 3 years | 3.75 years |
Dangerous Offenses Repetitive Offenses (Third & Subsequent Offense)
| Class | Minimum | Maximum | Increased Maximum |
|---|---|---|---|
| 2 | 15.75 years | 28 years | 35 years |
| 3 | 11.25 years | 20 years | 25 years |
| 4 | 10 years | 12 years | 15 years |
| 5 | 5 years | 6 years | 7.5 years |
| 6 | 3.75 years | 4.5 years | 5.6 years |
Dangerous Crimes Against Children
Arizona punishes felonies committed against minors more harshly than most other felonies, and has a different set of sentencing guidelines for these convictions. These crimes include, but are not limited to, the following:
- Attempted first or second degree murder of a minor under 12 years of age
- Commercial sexual exploitation of a minor (knowingly causing a minor to engage in sexual acts or behaviors, including prostitution and pornography)
- Furnishing harmful items to minors
- Luring a minor for sexual exploitation
- Sexual assault of a minor
- Sexual exploitation of a minor (knowingly creating, possessing, selling, buying, storing, or transporting child pornography)
Two items not listed above are sexual assault of a minor and attempted murder of a minor under age 12. These are classified under Subsection A and Subsection B respectively. Conviction under Subjection A results in life in prison. Subsection B convictions all carry a possible life sentence with a minimum 13 years, presumptive 20, and maximum 27 years.
Dangerous Offenses Against Children, First Offense
| Subsection | Minimum | Presumptive | Maximum |
|---|---|---|---|
| C | 13 years | 20 years | 27 years |
| D | 10 years | 17 years | 24 years |
| E | 5 years | 10 years | 15 years |
| F | 2.5 years | 5 years | 7.5 years |
Dangerous Offenses Against Children, One Historical Prior
| Subsection | Minimum | Presumptive | Maximum |
|---|---|---|---|
| C | 23 years | 30 years | 37 years |
| D | 21 years | 28 years | 35 years |
| E | 8 years | 15 years | 22 years |
| F | 8 years | 15 years | 22 years |
Dangerous Offenses Against Children, Two Historical Priors
| Subsection | Minimum | Presumptive | Maximum |
|---|---|---|---|
| C | LIFE | ||
| D | LIFE | ||
| E | N/A | ||
| F | N/A |
Misdemeanors
Misdemeanor convictions have a presumptive penalty in the median range for sentencing and fines. Those convicted may also be ordered to perform community restitution, particularly if the defendant is unable to pay the cost of incarceration or fines (excluding the surcharge). If the court orders community restitution, the defendant receives a $10 per hour credit toward his or her obligation. So, if the fine is $100, the defendant must perform 10 hours of community restitution.
| Class | Max Jail Time | Max Fine (Person) | Max Fine (Enterprise) |
|---|---|---|---|
| 1 | 6 months | $2,500 | $20,000 |
| 2 | 4 months | $750 | $10,000 |
| 3 | 30 days | $500 | $2,000 |
| Petty Offense | No jail time | $300 | $1,000 |
Arizona Sentencing FAQs
With so many variables, there are always numerous questions surrounding Arizona's sentencing guidelines.
What is a mitigated sentence?
A mitigated sentence is one that is shorter than the minimum due to the presence of two or mitigating factors. Arizona judges may consider a variety of mitigating factors, including:
- The defendant's age
- Did the defendant play a minor role in committing the crime
- The defendant's capacity to understand what he or she did was wrong
- Whether the defendant was under duress
- Support from the defendant's family, church, or community
What is an aggravated sentence?
An aggravated sentence is one that is longer than the maximum due to the presence of two or more aggravating factors. Arizona judges may consider a variety of aggravating factors, including:
- Did the defendant have an accomplice
- Did the defendant take or damage any property
- Did the defendant use or threaten to use a deadly weapon in commission of the crime
- Does the defendant have a past felony history
- Was the crime committed in a heinous, cruel, or depraved manner
- Was the motivation of the crime financial gain or to acquire something of value
What is the minimum amount of jail time for a felony conviction?
The minimum sentence possible for a felony conviction is 90 days. All first offense, non-dangerous felony convictions are eligible for probation instead of jail time.
What is a class 6 felony?
Class 6 felonies include possession of marijuana (personal use amount and non-medical), possession of drug paraphernalia, unlawful use of means of transportation (passenger), and theft of property valued over $1,000.
What is a class 5 felony?
Class 5 felonies include theft of property valued over $2,000, unlawful use of means of transportation (driver), personal use possession of marijuana (over 2 pounds), and possession of marijuana for sale (under two pounds).
What is a class 4 felony?
Class 4 felonies include theft of property valued over $3,000, simple possession of dangerous drugs (methamphetamine), and growing marijuana (non-medical).
What is a class 3 felony?
Class 3 felonies include theft of property valued over $4,000, second degree burglary, and theft of means of transportation.
What is a class 2 felony?
Class 2 felonies include theft of property valued over $25,000, trafficking stolen property, first degree burglary, sexual molestation of a child, and possession of danger drugs (for sale).
What is a class 1 felony?
There are only two class 1 felonies in Arizona: first degree murder and second degree murder.
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