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Posted on May 31, 2024 in General
Arizona laws cover a wide range of potential crimes and subsequent punishments. Crimes can vary in severity and are considered either felonies or misdemeanors. Within each of these two main categories, further subcategories exist. Here, we will discuss what a Class 5 felony crime in Arizona is.
No matter what level of crime you might be charged with in Arizona, having a criminal defense attorney like the one you will find at the AZ Defenders law firm can help you understand the charges and your legal rights to defend yourself. To speak with an experienced criminal defense lawyer, call our office at (480) 248-7666.
Arizona law has six felony classes. Class 1 is the most serious kind of felony, including crimes like first-degree murder. Class 6 felonies are the least serious and can be considered borderline misdemeanors.
Compared to less serious crimes like misdemeanor offenses, Class 5 felony crimes in Arizona have the following common characteristics with all other classes of felonies:
Arizona statutes include more than 150 specific Class 5 felonies. Some of the more common Class 5 felony examples include:
Other Class 5 offenses that may surprise you include human trafficking, maintaining private armed troops, bigamy, promoting gambling, and pandering.
Each felony class in Arizona has multiple sentencing ranges based on the nature and circumstances of the underlying offense. Generally, a felony conviction sentence has a middle or “presumptive” prison term, along with possible minimum and maximum terms.
When determining what sentence to impose, the court may consider mitigating factors that improve a circumstance and aggravating factors that make the circumstances worse. This will inform whether a minimum or maximum sentence is applied.
A presumptive sentence usually means that you have no past convictions. For a Class 5 felony, the presumptive sentence includes a prison term of one and one-half to two years. The sentencing court judge can impose a minimum term of as few as six months or a maximum term of three and a half years.
Mitigation refers to considerations in the offender’s conduct that weigh in favor of a less severe sentence. Examples of mitigation factors can be:
Aggravating factors weigh in favor of a harsher sentence and can lead to a prison term of up to eight years.
Aggravating factors like the use of a deadly weapon or dangerous instrument in the commission of the crime or if someone was seriously injured also determine whether a Class 5 felony is considered to be a dangerous crime under Arizona law. Dangerous crimes carry mandatory prison terms and no parole.
Other aggravating factors in a Class 5 felony conviction can be the existence of a conspiracy with others in planning or carrying out the crime and whether the criminal act took place during the commission of another, separate crime.
The number of past felony convictions you might have can affect the length of your sentence. Here are some guidelines:
Aside from time spent in prison, the next most direct effect a Class 5 felony conviction can have on you is financial. When you add together possible financial penalties, court costs and fees, you can find yourself owing as much as $150,000 to the state of Arizona if you are sentenced.
Money problems are not the only non-incarceration consequences you can anticipate in the aftermath of a felony conviction. Here are some other long-term issues convicted felons can be encumbered with through a Class 5 felony on their records:
A statute of limitations describes the time limit the state of Arizona has to decide whether to charge you with a crime.
For a Class 5 felony, the statute of limitations is seven years from the date of the commission of the alleged criminal act. This time limit can be extended or “tolled” for periods the person suspected of the crime is outside the state of Arizona.
Every criminal offense in Arizona has its own elements that the prosecution must prove to obtain a conviction. There are no defense strategies that are unique to Class 5 felony charges.
When looking for a defense law firm to hire, look for experience and expertise in negotiation and defending clients in trial.
A skillful criminal defense attorney will pursue every possible legal avenue to obtain dismissal of the charges against you or a lessening of charges in plea negotiations. They should always be alert for opportunities to raise objections to the prosecution’s legal theory or trial court tactics to preserve them for an appeal.
If a trial defense becomes necessary, your attorney must do everything possible to secure your acquittal, including presenting an aggressive defense.
At AZ Defenders law offices, we understand that facing Class 5 Felony charges can be unsettling and frustrating. That is why we give our clients high-caliber legal representation.
Here is what you can expect when our law firm is representing you:
The attorneys and staff at AZ Defenders take our duty to clients seriously and treat all our clients facing criminal charges with respect and compassion.
Call our Phoenix criminal defense attorneys today at (480) 248-7666 if you are accused of criminal law charges for a Class 5 felony or any other criminal offense in Arizona.Or, if you prefer, you can reach us online to contact an experienced Arizona criminal defense lawyer and to set up an initial consultation to review the charges against you and your options in defense.