FELONY DEFENSE

Charged with a felony in Maricopa County?

A felony charge changes the arithmetic of your life. It is not just the possibility of prison. It is the loss of the right to vote and to possess a firearm, the professional license that gets reviewed, the apartment application that gets denied, the job that goes to someone else, and the immigration consequences that can follow a non-citizen for the rest of their life.

Arizona’s sentencing code is unusually rigid. Judges here have far less discretion than in many states, because the legislature wrote the ranges into statute and attached mandatory consequences to specific allegations. That cuts both ways. It means a bad outcome can be locked in early — and it means that fighting the right allegation at the right moment can move a case from mandatory prison to probation-eligible.

Understanding exactly what you are charged with, and which allegations the State has attached to it, is the first real step. Here is how the system works.

How Arizona classifies felonies

Arizona sorts felonies into six classes. Class 1 is reserved for first and second degree murder and is sentenced under its own separate provisions. Classes 2 through 6 cover everything else, with class 2 the most serious and class 6 the least.

Class 6 is a special case worth knowing about: under A.R.S. § 13-604, a court may in some circumstances designate a class 6 felony as a class 1 misdemeanor. That single ruling can preserve firearm rights, voting rights, and a professional license. It is one of the most valuable outcomes available in Arizona criminal defense, and it is worth structuring a case around from day one.

First felony offense, non-dangerous — A.R.S. § 13-702

Class	Mitigated	Minimum	Presumptive	Maximum	Aggravated
Class 2	3 yrs	4	5	10	12.5
Class 3	2 yrs	2.5	3.5	7	8.75
Class 4	1 yr	1.5	2.5	3	3.75
Class 5	.5 yr	.75	1.5	2	2.5
Class 6	.33 yr	.5	1	1.5	2

The presumptive term applies unless the court finds aggravating or mitigating factors under § 13-701. Building the mitigation record — employment, treatment, family circumstances, restitution, the defendant’s actual role — is real work that changes real numbers, and it starts long before sentencing day.

Prior convictions change everything — A.R.S. § 13-703

Arizona’s repetitive offender statute is where sentences escalate sharply. With one historical prior felony conviction, a class 3 felony moves from a 3.5-year presumptive to a 6.5-year presumptive. With two or more, it becomes 11.25 years presumptive, with a maximum of 20 and an aggravated term of 25.

Whether a prior counts as “historical” is a legal question worth fighting. Under A.R.S. § 13-105(22), a class 2 or 3 felony counts if committed within 10 years; a class 4, 5, or 6 counts if committed within 5 years. There is no lookback limit at all for felonies mandating imprisonment, dangerous offenses, criminal enterprise offenses, dangerous crimes against children, or any third-or-subsequent prior. Time spent incarcerated, on escape status, or as an absconder is excluded from the lookback calculation — which means a prior that looks too old on paper sometimes is not, and one that looks current sometimes has aged out.

Dangerous offenses — A.R.S. § 13-704

A “dangerous offense” allegation is the single most consequential thing the State can attach to a felony. It generally means the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury.

Class	First dangerous offense (min / presumptive / max)
Class 2	7 / 10.5 / 21 years
Class 3	5 / 7.5 / 15 years
Class 4	4 / 6 / 8 years
Class 5	2 / 3 / 4 years
Class 6	1.5 / 2.25 / 3 years

Under § 13-704 there is no probation. No suspended sentence, no pardon, and no release from confinement except as specifically authorized by statute. Prior dangerous convictions push these numbers substantially higher again. If a dangerous allegation is on your case, contesting it is usually the highest-value thing a defense lawyer can do.

Fines, surcharges, and probation length

The felony fine maximum is $150,000 under A.R.S. § 13-801. Arizona then adds a 68% consolidated surcharge under §§ 12-116.01 and 12-116.02, calculated on the base fine after mitigation, plus separate non-mitigable 10% and 1% surcharges. Restitution is separate from all of it and is not capped.

Probation maximums under § 13-902 are 7 years for a class 2 felony, 5 for a class 3, 4 for a class 4, and 3 for a class 5 or 6.

What actually happens in a Maricopa felony case

Initial appearance. Rule 4.1 requires it within 24 hours of arrest or you must be released. Release conditions and probable cause are addressed here. If no complaint is filed within 48 hours of the initial appearance, release is required.

Preliminary hearing or grand jury. Rule 5.1 sets a preliminary hearing no later than 10 days after the initial appearance if you are in custody, 20 days if you are not. In practice many Maricopa felonies go to a grand jury instead, and when an indictment comes back first, the preliminary hearing is vacated. A grand jury sits with at least nine citizens and hears only what the prosecutor presents.

Arraignment. Rule 14.2 — within 10 days of the charging document if you are in custody, 30 days if you are not.

Pretrial. An initial pretrial conference generally follows within 45 days of arraignment. This is where disclosure, motions to suppress, and plea negotiation happen. A final trial management conference is set roughly 7 days before trial.

Trial. Rule 8.2 — within 150 days of arraignment in custody, 180 days if released, longer for complex cases. Verdicts must be unanimous. Roughly two percent of Maricopa cases actually reach trial, which is precisely why it matters whether the State believes yours might.

A recent change worth knowing: Maricopa County Attorney’s Office policy revised in August 2025 requires every plea offer to carry a specific deadline, and establishes a presumption that any offer following a rejected or expired one will be harsher. Delay now has a price attached to it.

How we defend felony cases

Attack the allegations, not just the charge. Dangerous-offense allegations, historical prior allegations, and aggravating-factor allegations each have their own proof requirements. Knocking one out can change the sentencing floor by years without touching the underlying charge.

Suppression. Unlawful stops, warrantless searches, defective warrants, and statements taken without proper advisement produce evidence that can be excluded. A granted motion to suppress frequently ends a case.

Grand jury challenges. Grand jury proceedings are one-sided by design. Where the presentation was legally deficient or the State failed to present clearly exculpatory evidence, a remand for a new determination of probable cause is available.

The State’s proof. Forensic testing has error rates. Witnesses have motives, prior statements, and memories that shift. Digital evidence has chain-of-custody requirements. Cases that look solid in a police report frequently are not solid in a courtroom.

Designation and mitigation. Where conviction is realistic, the fight moves to class 6 designation under § 13-604, probation eligibility, and the mitigation record. These are not consolation prizes — they are the difference between a felony record and a misdemeanor one, and between prison and staying employed.

Frequently asked questions

Can a felony be reduced to a misdemeanor in Arizona?

Sometimes. Under A.R.S. § 13-604 a court may designate a class 6 felony as a class 1 misdemeanor in appropriate circumstances. This applies only to class 6 offenses and is not automatic, but it is one of the most valuable outcomes available and is worth building a case around.

Will I definitely go to prison for a felony?

No. Many first-time, non-dangerous felonies are probation-eligible. Prison becomes mandatory when the offense is designated dangerous under A.R.S. § 13-704, when certain statutes specifically bar probation, or when prior convictions place the case in the repetitive-offender ranges under § 13-703.

What counts as a historical prior felony conviction?

Under A.R.S. § 13-105(22), a class 2 or 3 felony committed within 10 years, or a class 4, 5, or 6 committed within 5 years. There is no time limit for felonies mandating imprisonment, dangerous offenses, criminal enterprise offenses, dangerous crimes against children, or any third-or-subsequent prior. Time incarcerated or on absconder status does not count toward the lookback.

How long does a felony case take in Maricopa County?

Rule 8.2 requires trial within 150 days of arraignment for in-custody defendants and 180 days for those released, with 270 days for complex cases. Many cases resolve sooner, and continuances are common where the defense needs time to investigate. Faster is not always better.

Do I lose my gun rights and voting rights?

A felony conviction suspends both. Arizona restores civil rights automatically for many first-time felony offenders on completion of probation and payment of restitution, but firearm rights require a separate application under A.R.S. § 13-910 and are not restored automatically.

Should I take the first plea offer?

Not without an independent review of the evidence. An offer made before disclosure is complete is an offer made before anyone knows what the case is worth. That said, under current Maricopa County Attorney policy, offers carry deadlines and later offers are presumed to be worse — so this is a decision to make deliberately and quickly, with counsel, not to leave sitting.

Talk to a Maricopa County felony defense lawyer

Nova Law Group defends felony cases in Maricopa County Superior Court across the full range of charges — violent offenses, drug offenses, property and theft offenses, white collar allegations, and probation violations. We prepare cases for trial, which is what gives negotiation any leverage at all.

Call (480) 405-6767 or request a confidential consultation.

Related charges we defend

Arizona cases rarely arrive alone. If any of these apply to your situation, or you are not sure which charge you are actually facing, these pages explain what to expect:

• Arizona Misdemeanor Defense
• Probation Violation
• Federal Criminal Charges
• White Collar Crimes
• Assault & Aggravated Assault
• Criminal Defense in Maricopa County

This page describes Arizona law in general terms as of July 2026 and is not legal advice. Every case turns on its own facts. No result is guaranteed, and past outcomes do not predict future ones. Reading this page does not create an attorney-client relationship.