A felony is a crime that typically carries more severe penalties than misdemeanors, often resulting in imprisonment for more than one year or even the death sentence in extreme cases. Felonies include a wide range of offenses, including violent crimes, property crimes, and various drug-related offenses.
For defendants facing criminal charges, it’s important to understand what types of crimes are charged as felonies, the penalties they carry, and how to defend against these crimes.
Common Felony Charges in Arizona
There are many different felony charges in Arizona, with some of the most common including:
First-Degree Murder
First-degree murder is the unlawful killing of another individual with premeditation, demonstrating a clear intent to commit the crime prior to its execution. This charge is the most serious form of homicide and carries severe penalties.
Second-Degree Murder
Second-degree murder involves the unlawful killing of another person that is intentional but lacks the premeditated aspect found in first-degree murder. This means that while the offender may have had the intention to cause serious harm or death, the act was not planned in advance.
Sexual Assault
Sexual assault is defined as the intentional or knowing engagement in sexual intercourse or oral sexual contact with another person without their consent. This crime carries serious consequences.
Burglary
Burglary is committed when an individual unlawfully enters or remains on a property with the intent to commit theft or another felony therein. In Arizona, burglary charges can vary in severity based on factors such as whether the premises were occupied or the nature of the intended crime, leading to different felony classifications with corresponding penalties.
Aggravated Assault
Aggravated assault entails causing serious injury to another person or using a deadly weapon during the act of assault.
Indecent Exposure
Indecent exposure involves deliberately showing private body parts to others in a public setting, where the individual demonstrates a disregard for the potential distress or offense that such actions may cause. This crime is considered a felony in certain circumstances.
Understanding the definitions and implications of these felony charges is essential for individuals navigating the Arizona criminal justice system.
Felony Penalties in Arizona
In Arizona, felonies are classified into different categories, each with mitigated and aggravated prison terms. The classification determines the severity of the punishment.
Class 1 Felony
A Class 1 felony in Arizona represents the most severe category of crime, such as first-degree and second-degree murder. For first-degree murder, the consequences of a conviction can include a life sentence in state prison or, in some cases, the death penalty.
For second-degree murder, first-time offenders may face a range of sentences, which can vary from a mitigated sentence of 10 years to a presumptive term of 16 years or an aggravated sentence that could extend to 25 years.
Class 2 Felony
Class 2 felonies are serious offenses that bring significant penalties. The mitigated sentence is 3 years in prison, and the aggravated prison term is 12.5 years. Examples include sexual assault and aggravated assault leading to serious injury.
Class 3 Felony
Class 3 felonies have a mitigated jail term of 2 years and aggravated terms reaching up to 8 years and 9 months. Examples of Class 3 felonies include certain forms of burglary and some cases of aggravated assault.
Class 4 Felony
In Arizona, the mitigated jail term for a Class 4 felony is 1 year, while the aggravated term can extend to 3 years and 9 months. Common offenses classified as Class 4 felonies include robbery, forgery, and some types of burglary.
Class 5 Felony
The mitigated jail term for a Class 5 felony is 6 months, and the aggravated term is up to 2 years and 6 months. Examples of crimes falling under this category include aggravated domestic violence and theft of property valued between $2,000 and $3,000.
Class 6 Felony
Class 6 felonies are considered the lowest classification of felony offenses in Arizona. The penalties for a Class 6 felony may involve a mitigated sentence of 4 months and an aggravated term of up to 2 years.
Class 6 felonies include crimes such as indecent exposure to a minor under 15 and criminal damage involving losses valued between $250 and $2,000.
Understanding these classifications and their corresponding penalties is crucial for individuals facing felony charges in Arizona, as it directly impacts sentencing and potential legal outcomes.
Legal Defenses to Felony Charges in Arizona
The legal defenses available to individuals facing felony charges in Arizona can vary significantly based on the circumstances surrounding the offense. However, there are several common defenses that may be applicable in many situations:
- Self-Defense: Self-defense claims that the defendant acted to protect themselves or others from imminent harm.
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed the felony offense. If there is insufficient evidence, it may be possible for a skilled criminal defense attorney to obtain a not guilty verdict.
- Mistaken Identity: This defense asserts that the defendant was mistakenly identified as the perpetrator of the crime.
- Entrapment: This defense argues that law enforcement officers or government agents coerced or enticed an individual into committing a crime they would not have otherwise committed.
It is helpful for individuals charged with a felony to understand the potential defenses available to them, as these can significantly affect the outcome of their case. Consulting with a qualified attorney who specializes in criminal law is the first step you should take after being arrested. Contact us today at 520-510-0439 to schedule a free consultation with a Tucson criminal defense lawyer.