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Posted on July 18, 2024 in General
Arizona has many kinds of criminal laws: petty offenses, misdemeanors, felony offenses, and even additional classes of laws within felonies and misdemeanor offenses. If you are not an experienced Arizona criminal defense lawyer, it can be confusing to sort them all out.
On this page, we simplify how to understand Arizona’s criminal laws by closely examining one class of the state’s misdemeanor laws: Class 2 misdemeanors.
Have you been charged with a misdemeanor in Arizona? Our criminal defense experts at the AZ Defenders can help. We have represented clients accused of Class 2 misdemeanor charges in Arizona, as well as all other kinds of petty offense, felony, and misdemeanor cases.
Call us at (480) 933-1286 to discuss your case with an Arizona criminal law attorneys. We are available 24 hours a day to take your call every day.
Before we analyze Class 2 misdemeanors in detail, let’s first step back and see where these crimes fit into the overall criminal offense structure of Arizona’s statutes.
The Arizona legislature has written the state’s criminal laws according to the principle, “Let the punishment fit the crime.” Crimes and their penalties become harsher in a three-step progression that begins with petty offenses (the least serious infractions) and ends with felony crimes like murder, which carry penalties up to and including a death sentence.
A middle range of crimes, also known as misdemeanor offenses, exists between low-end petty offenses and high-end felonies.
Let’s now look at how Arizona’s criminal law further divides misdemeanors into three classes (felonies are also divided into six classes, but we discuss felonies separately).
The Arizona legislature has fine-tuned misdemeanors into classes to allow for more flexibility in sentencing options. A Class 1 misdemeanor is the most severe, and a Class 3 is the least severe.
Most criminal law statutes will identify where they fit into the overall structure of Arizona crimes. Misdemeanor offenses that do not identify what class they belong to are treated as a Class 2 misdemeanor by default.
There are more than 300 Class 2 misdemeanor statutes in Arizona. Here are some specific offenses:
Under Arizona law (ARS 13-1307), the state has one year within which to charge you with a Class 2 misdemeanor. If it fails to do so within this time limit, the state loses the right to prosecute you for the alleged criminal conduct.
Note: if someone accused of a crime in Arizona is absent from the state, then the one-year statute of limitations pauses during that absence.
One of the main factors that will determine the sentence a judge sets for a Class 2 misdemeanor conviction is whether or not it is a first-time offense.
For a Class 2 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 2 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 example, Arizona requires a mandatory minimum sentence for DUI convictions, including driver’s license suspension and the installation of an ignition interlock device in your car.
The law can also impose a mandatory counseling requirement for Class 2 misdemeanor sentences that involve domestic violence.
Prior convictions on your record within two years of being convicted for a Class 2 misdemeanor are considered aggravating factors. This means that your maximum potential penalties go up:
Depending on the nature of the underlying offense, other collateral consequences of Class 2 misdemeanor crimes you might be subject to include:
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 professional licensing, 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.
Expunging 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, however, expungement is not available for Arizona convictions.
Depending on your circumstances, you may seek to have a Class 2 misdemeanor sentence set aside or to have your record sealed so that members of the public cannot see it.
A knowledgeable attorney, like ours at AZ Defenders, can help you to know if a set-aside or record sealing is available for you if you have a prior conviction on your record, Class 2 misdemeanor or otherwise.
The minimum sentence for a Class 2 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, then you need a highly experienced criminal defense attorney on your side.
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 the state of Arizona.If you need legal help facing criminal charges in Arizona, don’t take on the court process alone. Contact AZ Defenders today for a free consultation with an experienced criminal defense attorney by calling (480) 456-6400.