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Posted on August 27, 2024 in General
Arizona law divides crimes into three main categories: minor offenses, misdemeanors, and felonies. These categories range in severity.
Felonies carry the most severe penalties, including state prison time instead of county jail sentences, longer periods of incarceration, and more costly financial penalties. In fact, the longest prison sentence you might face if convicted is 35 years.
At the AZ Defenders law firm, we represent clients charged with misdemeanors and felonies. If you are being accused of a criminal offense in Arizona, call us at (480) 456-6400. We are available 24 hours a day, every day of the year.
Here, we will cover everything you’ll need to know about Class 2 felony crimes in Arizona, including what you can do if you are accused of a Class 2 felony offense.
Short of murder, a Class 2 felony is the most serious charge you can face in Arizona. To better understand how serious Class 2 felonies are compared to the other five felony classes, we will briefly examine each of the other five felony classes below.
Of the six categories of Arizona felonies, Class 1 is the most serious, and Class 6 is the least. Here is a brief description of each of the other five felony classes.
Class 1 is reserved for first-degree murder and second-degree murder charges. This is the only class of felony in Arizona that can carry the death penalty upon conviction.
A Class 3 felony in Arizona is a mid-level felony. However, it is still a serious charge. Some examples of Class 3 felonies are aggravated robbery, aggravated assault, and kidnapping.
Class 4 felonies include possession of narcotic drugs, forgery, robbery, theft valued between $3,000 – $4,000, and some kinds of aggravated assault.
Class 5 felonies include stalking, credit card theft, criminal damage, credit card fraud over $1,000, and aggravated domestic violence.
This is the least serious kind of felony charge in Arizona. Class 6 felonies are often called “wobblers” because the judge can reduce them to misdemeanor-level charges.You can find a complete list of the classes of felonies under Arizona law here.
Arizona recognizes 56 kinds of Class 2 felony charges. Some examples include:
See this resource for a complete list of Class 2 felony crimes in Arizona.
According to ARS 13-170, the statute of limitations for Class 2 felonies is seven years.
Generally, a conviction for a Class 2 felony can result in a prison sentence of three to 35 years, depending on the circumstances of the offense, whether it was a dangerous offense, and whether the convicted person has prior convictions.
Below, we discuss in more detail the sentencing ranges and factors that determine a Class 2 felony conviction.
Examples of non-dangerous offenses that are Class 2 felonies include first-degree trafficking of stolen property, theft of property valued at $25,000 or more, first-degree money laundering, and owning a “chop shop” for motor vehicles.
The sentencing range for non-dangerous Class 2 felonies ranges from as little as three years in prison up to 35 years, depending on whether the convicted person is a repeat offender (and how many prior offenses there are) and whether mitigating circumstances or aggravating factors exist.
Examples of dangerous Class 2 felonies include manslaughter, armed robbery, sexual assault, aggravated assault, arson of an occupied building, and dangerous crimes that involve children less than 15 years old.
The sentencing range for Dangerous offenses as Class 2 felonies is a minimum sentence of seven years and a maximum sentence of 35 years in prison.
Additionally, you may become ineligible for a suspended sentence, probation, parole, or other opportunities to be released from prison.
Each class of felony offense in Arizona sentences includes a five-step sentencing range. From least to most severe, this sentencing range for criminal offenses is:
The presumptive sentence serves as the “baseline” for sentencing a first-time offender. The court will consider additional factors like the defendant’s criminal history that may increase or decrease the duration of the sentence to within the minimum to maximum range. The court will take into account any aggravating and mitigating circumstances.
Mitigating factors that can reduce the sentence include the defendant’s age, whether the defendant was acting under duress, crimes in which the defendant played only a minor role, and aspects of the defendant’s character.
At least two mitigating factors must be present in the criminal acts charged to factor into the sentencing consideration.
Aggravating factors are circumstances surrounding the event that increase the seriousness of the crime. These factors sometimes suggest that the maximum sentencing range is insufficient and should be increased.
Aggravating factors can include the possession or use of a dangerous weapon or a deadly weapon during the crime, committing a crime with an accomplice, premeditation (for example, “lying in wait” for the victim), and crimes in which the victim dies because of the defendant’s conduct.
At least two aggravating factors must be present in the criminal acts charged to factor into an aggravated sentence.
For repeat offenders, Arizona law uses a classification system based on three categories of prior felony convictions to establish an escalating range of sentences.
Here are the Class 2 felony sentencing ranges you might encounter as a Category One repetitive offender (a person with multiple prior felonies committed on different occasions but which have been consolidated for trial):
For a Class 2 repeat offender in Category 2 (generally meaning having one prior felony conviction), the sentencing range increases:
For a Class 2 repeat offender in Category 3 (two prior historical felony convictions), the sentencing range increases again:
Under Arizona laws, even a minimum sentence for a Class 2 felony can cost you years in prison time, hefty fines, and a criminal record that follows you for the rest of your life. When the stakes are this high, can you afford not to have a defense attorney who is highly experienced in defending cases involving severe felonies?
At AZ Defenders, our experienced felony attorneys can guide you through the court process and help build the strongest possible defense against any criminal charges you may be facing. Our legal team is highly experienced in defending felony criminal cases on behalf of our clients in Phoenix and throughout the entire state of Arizona.If you need legal help with an Arizona Class 2 felony case, contact AZ Defenders today for a free consultation with a criminal defense attorney by calling (480) 456-6400.