A felony charge in Arizona changes everything. Your freedom, your career, your family, your ability to vote, own a firearm, or pass a background check. Prison sentences measured in years. Fines up to $150,000. A permanent record that follows you for life.
If you are facing a felony charge in Scottsdale or anywhere in the Phoenix metro area, you need a defense attorney who understands both sides of the courtroom. Brad Rideout is a former Arizona prosecutor who spent years building cases against people in your position. Now he uses that same knowledge to tear those cases apart.
This page explains how Arizona’s felony sentencing system works, what you are actually facing, and how an experienced Scottsdale felony defense lawyer fights for the best possible outcome.
How Arizona Classifies Felonies
Arizona organizes all felony offenses into six classes under A.R.S. § 13-601. Class 1 is the most serious. Class 6 is the least. Every felony charge you face falls into one of these categories, and the classification determines the range of prison time a judge can impose.
Class 1 felonies are reserved for first- and second-degree murder. These carry life imprisonment or the death penalty and operate under their own sentencing framework.
Class 2 felonies include armed robbery, sexual assault, manufacturing dangerous drugs, and certain aggravated assault charges.
Class 3 felonies cover aggravated assault with a deadly weapon, second-degree burglary, and theft above $25,000.
Class 4 felonies include forgery, aggravated DUI, identity theft, and possession of narcotic drugs for sale.
Class 5 felonies include criminal damage above $2,000, stalking, and certain drug possession charges.
Class 6 felonies are the lowest classification: unlawful discharge of a firearm, certain theft charges, and drug paraphernalia possession. A Class 6 felony is sometimes called a “wobbler” because a judge can designate it as a misdemeanor in some circumstances.
The classification is the starting point. Whether you have prior convictions, whether the offense involved a dangerous instrument, and whether the victim was a child all shift the sentencing range significantly.
First-Time Felony Sentencing in Arizona
If you have never been convicted of a felony before, your sentencing falls under A.R.S. § 13-702. This statute sets a presumptive sentence for each felony class, along with mitigated and aggravated ranges that the judge can apply based on the specific facts of your case.
The presumptive sentence is the default. The judge starts there. If the prosecution proves aggravating factors beyond a reasonable doubt, the sentence can go up. If your defense attorney demonstrates mitigating factors, it can go down.
First-Time Offender Sentencing Table (Non-Dangerous)
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 5 | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
| Class 6 | 4 months | 6 months | 1 year | 1.5 years | 2 years |
These ranges apply only to non-dangerous, first-time felony offenses. If you qualify, a mitigated sentence requires the court to find at least two mitigating circumstances. An aggravated sentence requires the trier of fact to find at least two aggravating circumstances beyond a reasonable doubt.
For a first-time offender charged with a non-dangerous felony, probation is often on the table. That is one of the most significant differences between a first offense and a repeat offense, and it is a gap in the sentencing framework that a skilled defense attorney can use to your advantage.
Aggravating and Mitigating Factors Under A.R.S. § 13-701
The difference between a mitigated sentence and an aggravated one can be years in prison. A.R.S. § 13-701 lists the factors the court considers.
Aggravating circumstances include infliction of serious physical injury, use of a deadly weapon, the offense being especially heinous or depraved, the victim being over 65 or disabled, the defendant having a prior felony conviction within the preceding ten years, and the offense being committed in the presence of a child. There are over two dozen in total.
Mitigating circumstances include the defendant’s age, impaired capacity to appreciate the wrongfulness of the conduct, unusual or substantial duress, and a minor degree of participation.
The critical difference: aggravating factors must be proven beyond a reasonable doubt by the trier of fact. Mitigating factors only need to be found by the court, on any evidence presented. The burden is lower for mitigation. A good defense attorney builds the mitigation case from day one, not as an afterthought at sentencing.
Repeat Offender Sentencing: The Penalties Escalate Fast
Arizona punishes repeat felony offenders with dramatically longer sentences under A.R.S. § 13-703. The statute creates three categories based on how many “historical prior felony convictions” you carry.
Category 1 applies when multiple felonies are consolidated for trial. Category 2 applies with one historical prior felony conviction, and presumptive sentences nearly double. Category 3 applies with two or more priors, and the sentences are severe.
Category 2 Repeat Offender Sentencing Table
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 4.5 years | 6 years | 9.25 years | 18.5 years | 23 years |
| Class 3 | 3.25 years | 4.5 years | 6.5 years | 13 years | 16.25 years |
| Class 4 | 2.25 years | 3 years | 4.5 years | 6 years | 7.5 years |
| Class 5 | 1 year | 1.5 years | 2.25 years | 3 years | 3.75 years |
| Class 6 | 9 months | 1 year | 1.75 years | 2.25 years | 2.75 years |
Category 3 Repeat Offender Sentencing Table
| Felony Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 | 10.5 years | 14 years | 15.75 years | 28 years | 35 years |
| Class 3 | 7.5 years | 10 years | 11.25 years | 20 years | 25 years |
| Class 4 | 6 years | 8 years | 10 years | 12 years | 15 years |
| Class 5 | 3 years | 4 years | 5 years | 6 years | 7.5 years |
| Class 6 | 2.25 years | 3 years | 3.75 years | 4.5 years | 5.75 years |
Under § 13-703(O), a person sentenced as a repeat offender is not eligible for suspension of sentence, probation, pardon, or release from confinement until the sentence has been served or commuted (with limited statutory exceptions). That means mandatory prison time. No probation. No early release in most cases.
This is why the fight over whether a prior conviction qualifies as a “historical prior” matters so much. If your defense attorney can successfully challenge the validity or applicability of a prior conviction, you may be sentenced under a lower category or even as a first-time offender.
Dangerous vs. Non-Dangerous Felonies: The Distinction Most People Miss
Most law firm websites skip this distinction. They should not. A “dangerous offense” under A.R.S. § 13-704 is any felony involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or that results in serious physical injury. If the state proves your offense was “dangerous,” the entire sentencing table changes. The ranges jump. Probation disappears. You serve the sentence day-for-day.
Dangerous Offense Sentencing Table (First Offense)
| Felony Class | Minimum | Presumptive | Maximum |
|---|---|---|---|
| Class 2 | 7 years | 10.5 years | 21 years |
| Class 3 | 5 years | 7.5 years | 15 years |
| Class 4 | 4 years | 6 years | 8 years |
| Class 5 | 2 years | 3 years | 4 years |
| Class 6 | 1.5 years | 2.25 years | 3 years |
Compare the Class 2 non-dangerous presumptive (5 years) to the dangerous presumptive (10.5 years). It more than doubles. And under § 13-704(G), a person convicted of a dangerous offense is not eligible for suspension of sentence, probation, pardon, or release from confinement until the sentence is served or commuted.
The dangerous offense designation also stacks with repeat offender status. A Category 2 repeat offender convicted of a dangerous Class 2 or 3 felony faces 14 to 28 years. A Category 3 repeat offender faces 21 to 35 years. These are flat sentences. You serve them.
Why does this matter to your defense? Because whether an offense gets classified as “dangerous” is often contested. The state has to prove that a deadly weapon was used, exhibited, or threatened, or that serious physical injury occurred. Your defense attorney can challenge that proof. If the dangerous designation is removed, your sentencing exposure drops dramatically.
Dangerous Crimes Against Children: A.R.S. § 13-705
Arizona reserves its harshest penalties for offenses committed against minors under fifteen. Under A.R.S. § 13-705, “dangerous crimes against children” carry mandatory prison sentences served without eligibility for probation or early release. Qualifying offenses include second-degree murder, aggravated assault, sexual assault, molestation, child abuse, kidnapping, and sexual exploitation. First-degree offenses carry presumptive sentences ranging from 10 to 20 years. Repeat offenders face life imprisonment with no release eligibility for 35 years.
Serious, Violent, or Aggravated Offenders: A.R.S. § 13-706
A.R.S. § 13-706 targets habitual offenders. If you are convicted of a “serious offense” (armed robbery, sexual assault, kidnapping, first-degree burglary, arson of an occupied structure) with two or more prior serious offense convictions, you face life imprisonment with no release eligibility for 25 years. For “violent or aggravated felonies,” two prior convictions trigger life with no commutation eligibility for 35 years.
These are Arizona’s “three strikes” provisions. If you have prior convictions, they should shape every decision your defense attorney makes from the moment charges are filed.
Fines: A.R.S. § 13-801
In addition to imprisonment, Arizona courts can impose fines up to $150,000 for any felony conviction under A.R.S. § 13-801. The fine is set at the court’s discretion and constitutes a lien, just like a civil judgment. Surcharges, assessments, and restitution orders frequently push the total financial obligation well beyond the base fine.
Common Felony Charges in Scottsdale
Drug Felonies
Possession of a narcotic drug (heroin, fentanyl, cocaine) is a Class 4 felony. Possession for sale or manufacturing escalates to Class 2. Methamphetamine offenses carry their own enhanced penalties. Drug cases often hinge on the legality of the search that produced the evidence. Fourth Amendment challenges, warrant problems, confidential informant reliability issues, and chain of custody failures are all active defense strategies. Learn more on our criminal defense overview page.
Violent Felonies
Aggravated assault, armed robbery, kidnapping, and domestic violence offenses involving serious injury or a weapon are charged as violent felonies. Many automatically qualify as “dangerous offenses” under § 13-704, which means mandatory prison and no probation. Self-defense, mistaken identification, and challenges to the severity of the alleged injury are all viable defense approaches.
Property Crimes
Burglary, theft, fraud, and criminal damage are charged as felonies when the property value exceeds statutory thresholds or when the offense involves entry into a residential structure. First-degree burglary is a Class 2 felony and qualifies as a “serious offense” under § 13-706.
White Collar Felonies
Fraud, embezzlement, money laundering, tax evasion, and identity theft are prosecuted aggressively in Scottsdale and the Phoenix metro area. The defense often turns on intent: did you knowingly participate in a scheme, or were you an unwitting participant? These cases are technical and require an attorney who can match the prosecution’s resources.
Defense Strategies That Change Outcomes
Challenging the Evidence
Every prosecution rests on evidence. If that evidence was obtained illegally, if the chain of custody was broken, if witness testimony is unreliable, or if forensic methods were flawed, your defense attorney can file motions to suppress. Suppression of key evidence can collapse a case entirely.
Brad Rideout spent years as a prosecutor building these exact evidence chains. He knows where they break. As a former Arizona prosecutor, he knows what the state needs to win and what happens when it does not have it.
Negotiating Reduced Charges
Not every case goes to trial, and not every case should. The goal is to reduce a felony to a lower class, remove a dangerous designation, avoid a repeat offender enhancement, or reduce a felony to a misdemeanor. A defense attorney who can credibly threaten the state with a trial loss has more negotiating power than one who cannot. Brad Rideout’s prosecutorial background gives him that credibility.
Plea vs. Trial
The decision to take a plea or go to trial is the most consequential choice in a criminal case. It depends on the strength of the evidence, the sentencing exposure, your criminal history, and what the state is offering.
Brad Rideout gives you an honest assessment. If the evidence is weak and the exposure is high, trial may be the right call. If the state has a strong case but is offering a significantly reduced charge, a plea may protect you from a worse outcome. He does not sugarcoat the risks of trial, and he does not pressure you into a plea. The decision is yours.
Why Hire a Former Prosecutor as Your Scottsdale Felony Defense Lawyer
Prosecutors think in patterns. They build cases a certain way, prepare witnesses a certain way, present evidence a certain way. Brad Rideout is a former Arizona District Attorney who has handled felony cases from both sides. That experience means identifying weaknesses that a defense attorney without prosecutorial experience might miss, knowing which charges the state will fight to keep and which ones they will negotiate away, and understanding the internal pressures that shape how a prosecutor approaches a case.
Call Rideout Law Group today for a confidential consultation about your felony charges.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Frequently Asked Questions
What is the difference between a dangerous and non-dangerous felony in Arizona?
A dangerous felony under A.R.S. § 13-704 involves the use or threatened use of a deadly weapon or dangerous instrument, or the infliction of serious physical injury. Dangerous offenses carry mandatory prison time, longer ranges, and no probation eligibility. A non-dangerous Class 4 felony carries a presumptive 2.5 years under § 13-702. The same charge classified as dangerous carries a presumptive 6 years under § 13-704, served without early release.
Can a first-time felony offender get probation in Arizona?
Yes, if the offense is non-dangerous and no statute specifically prohibits it. Under A.R.S. § 13-702, first-time offenders convicted of non-dangerous felonies are eligible for probation at the court’s discretion. This is one of the strongest reasons to fight a dangerous designation or negotiate a charge down to a non-dangerous offense.
What makes someone a “repeat offender” under Arizona law?
Under A.R.S. § 13-703, a repeat offender is someone with one or more “historical prior felony convictions.” The definition is specific and depends on timing and sentence completion. Challenging whether a prior qualifies as “historical” is a common defense strategy that can result in sentencing as a first-time offender.
What are the maximum fines for a felony conviction in Arizona?
Under A.R.S. § 13-801, a court can impose a fine up to $150,000 for any felony conviction. That amount is before surcharges, assessments, and any restitution the court may order. The total financial impact of a felony conviction regularly exceeds the base fine by a significant margin.
What is a “dangerous crime against children” in Arizona?
Under A.R.S. § 13-705, a dangerous crime against children is any of a list of specified offenses committed against a minor under fifteen years of age. These include sexual assault, molestation, kidnapping, child abuse, and sexual exploitation, among others. Convictions carry mandatory prison sentences with no probation eligibility. Presumptive sentences range from 10 to 20 years for first-degree offenses, and repeat offenders face life imprisonment.
Can a Class 6 felony be reduced to a misdemeanor?
In some cases, yes. A Class 6 felony is the lowest felony classification in Arizona, and judges have discretion to designate certain Class 6 felonies as misdemeanors either at sentencing or after successful completion of probation. This is commonly referred to as a “designated misdemeanor.” Not all Class 6 felonies qualify, and the court’s willingness to designate depends on the nature of the offense and your criminal history.
Should I accept a plea deal or go to trial?
There is no universal answer. The right decision depends on the strength of the evidence against you, the charges you face, your criminal history, and what the prosecution is offering. If the state’s evidence is weak and the sentencing exposure is significant, trial may be the better path. If the evidence is strong and the plea significantly reduces your charges or sentencing range, accepting the offer may be the wiser choice. An experienced Scottsdale felony defense lawyer can analyze your case and give you an honest assessment of both options.
Take Action Now: Your Defense Starts Today
Felony charges do not improve with time. Evidence gets harder to preserve. Witnesses become unavailable. The earlier you involve a defense attorney, the more options you have.
Contact Rideout Law Group for a confidential case evaluation.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
You can also learn more about our approach to criminal defense or read about how felony charges intersect with DUI defense when aggravated DUI is charged as a Class 4 felony.
The information on this page is for educational purposes only and does not constitute legal advice. Every case is different, and the outcome of your case depends on its specific facts and circumstances. Reading this page does not create an attorney-client relationship with Rideout Law Group. If you are facing felony charges, contact our office directly for a confidential consultation about your situation.