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Posted on July 18, 2024 in General
Arizona criminal law statutes group crimes into three broad categories of severity: petty offenses, misdemeanor offenses, and felony crimes.
Here, we take an in-depth look at what a Class 1 Arizona misdemeanor is, what it can mean to you to be convicted of one, and how having the right criminal defense attorney on your side can help you if you are charged with a Class 1 misdemeanor.
Have you been charged with a felony or misdemeanor criminal offense in Arizona? If so, contact us at the AZ Defenders as soon as possible. We are experienced criminal defense attorneys who have successfully represented clients accused of Class 1 misdemeanor charges in Arizona.
Call us at (480) 660-9483 to discuss your case with an Arizona criminal law attorney. We are available 24 hours a day to take your call every day of the year.
A misdemeanor crime is in the middle range of Arizona criminal offenses, between a petty offense and a felony. Felonies are the most severe category, and petty offenses are the least severe.
Arizona law further divides misdemeanors into three classes, from Class 3 (the least severe) to Class 1 (the most severe). A Class 1 misdemeanor is the boundary between a misdemeanor and a felony crime.
There are about 300 kinds of specific Class 1 misdemeanor statutes in Arizona. Here are just a few representative examples:
Under Arizona law (ARS 13-1307), the state must bring charges for a Class 1 misdemeanor within one year. Failure to meet this deadline means the state loses the right to prosecute you.
However, it should be noted that the one-year statute of limitations pauses if the person accused of a crime in Arizona is absent from the state.
A main differentiating factor a judge will consider when determining a sentence is whether the conviction is a first-time offense or if the defendant has a prior conviction.
For a Class 1 misdemeanor conviction in Arizona, a sentence can include any or all of three parts: jail time, fines, and probation.
Generally, the judge in a Class 1 misdemeanor sentencing has some discretion to reduce or suspend the jail sentence in favor of probation.
However, Arizona law can limit the judge’s flexibility in sentencing for certain offenses. For DUI convictions, for example, Arizona requires a mandatory minimum sentence and installation of an ignition interlock device in the car.
Or, for Class 1 misdemeanor sentences that involve domestic violence, the law can impose a mandatory counseling requirement.
Prior convictions on your record are considered aggravating factors. This means that when a judge considers the sentence for a Class 1 misdemeanor, you may see an increase in your max penalties:
Aside from making for a longer sentence and harsher fines, the existence of one or more Arizona previous convictions on your public record is a long-term consequence that follows any kind of criminal sentence.
For example, if you are seeking employment, looking for a place to live, applying for a loan, or seeking a professional license, the existence of a conviction in a background check on you can hurt your chances of a favorable outcome.
If you are a nonresident alien in the United States, a previous conviction can adversely affect your ability to apply for permanent nonresident status or citizenship.
Depending on the nature of the underlying offense, other Class 1 misdemeanor collateral consequences you might see include:
Expungement of a criminal conviction in Arizona is possible for certain marijuana possession crimes that predate the state’s legalization of that drug for recreational use. Otherwise, expungement is not available for Arizona convictions.
Depending on your circumstances, though, you might sometimes seek to have a Class 1 misdemeanor sentence set aside or to have your record sealed so that members of the public cannot see it.
An experienced Arizona criminal defense attorney, like ours at AZ Defenders, can help you learn whether a set-aside or record sealing is available for you if you have a prior conviction, whether a Class 1 misdemeanor or otherwise.
Under Arizona law, even a minimum sentence for a Class 1 misdemeanor can cost you time in jail, hefty fines, a criminal record, and additional penalties. If you want to avoid or at least have a better chance to reduce these consequences, you need a highly experienced criminal defense attorney.
At AZ Defenders, our experienced Arizona criminal attorneys can guide you through the legal process and ensure a fair trial by building the strongest possible defense against any criminal charges you are facing.
Our legal team is highly experienced in defending misdemeanor criminal cases for our clients in Phoenix and throughout Arizona.
If you need legal help facing criminal charges in Arizona, contact AZ Defenders today for a free consultation with an experienced criminal defense attorney by calling (480) 456-6400.