Introduction
Facing a criminal charge can be a stressful experience and have a lasting impact on your life. A felony on your record poses a risk to your finances, security clearance, liberty, employability, and student opportunities. This type of serious conviction can also devastate family members and create turmoil in relationships.
If you have been charged with a class 4 felony, you could potentially be looking at hefty fines and possible jail or prison time.
How you react to a felony charge can make all the difference. If you or a loved one is facing a class 4 felony in Arizona, it’s important to speak with a reputable criminal defense attorney immediately. Learn more about class 4 felonies in Arizona, what penalties could result from a conviction, and how JacksonWhite Law can help.
What Is a Class 4 Felony in Arizona?
In Arizona, felonies fall into six main categories with a class 1 felony being the most serious and a class 6 felony being the least. A class 4 felony falls in the middle range of felony crimes and while not the most severe, can have serious consequences.
If you are convicted of a class 4 felony, you could face possible fines and up to 3.75 years in prison if it’s your first offense. If you have multiple prior felony convictions, your sentence could be much stricter. However, a person may be eligible for probation if charged with a class 4 felony if it is his or her first felony offense.
Examples of a Class 4 Felony in Arizona
Due to the complexity of Arizona criminal law, it can be difficult to determine where a crime falls regarding classes. There are approximately 100 crimes in Arizona that have been categorized as class 4 felonies, including:
- Burglary in the third degree
- Certain types of aggravated assault
- Forgery
- Robbery
- Criminal damage (for items of value over $10,000)
- Possession of narcotic or dangerous drugs
- Misconduct involving weapons
A felony crime is far more serious than a misdemeanor conviction, which typically involves no jail time or a sentence of less than a year.
Penalties for a Class 4 Felony
The penalty for a class 4 felony can range depending on several factors, such as whether it’s the defendant’s first offense and whether the crime is deemed “dangerous” or not. A dangerous crime is one that involves the use of a deadly weapon or another dangerous instrument.
If a class 4 felony is not charged as a dangerous offense, a defendant could face between 1 and 3.75 years in prison if they have no prior felonies, between 2.25 and 7.5 years if they have one prior felony, and between 6 and 15 years if they have two or more prior felonies.
If the defendant committed a dangerous class 4 felony, the punishment is usually much harsher. Probation is not an option for a dangerous class 4 felony and first-time offenders could be sentenced to 4 to 8 years in prison.
Class 4 Felonies: Non-Dangerous Offenses
Non-dangerous class 4 felonies in Arizona include crimes like forgery, criminal damage, falsifying a public record, third-degree burglary, perjury, failing to register as a sex offender, selling unregistered securities, or theft of between $3,000 and $4,000.
Class 4 felonies that are not dangerous crimes generally have conviction ranges that are based on the defendant’s criminal history. If the defendant has no prior felony convictions, he or she could face between 1 and 3.75 years and be eligible for probation.
If the defendant has one prior felony conviction, he or she may be sentenced to between 2.3 and 7.6 years in prison, and if they have two or more previous felony convictions, the sentence could range from 6 to 15 years.
Class 4 Felonies: Dangerous Offenses
A dangerous class 4 felony is a crime that involves the use, charge, or threat of a person with a deadly weapon or another dangerous instrument that could knowingly cause serious physical harm. Examples of dangerous class 4 felonies include robbery, kidnapping, misconduct using weapons, or aggravated driving under the influence of alcohol or drugs.
Sentencing ranges for a defendant who commits a dangerous class 4 felony are between 4 and 8 years with no prior dangerous felony convictions, between 8 and 12 years with one prior conviction, and between 12 and 16 years for two or more prior convictions.
Class 4 Felonies: Dangerous Crimes Against Children
Defendants who commit class 4 felonies against a person under the age of 15 may receive much harsher punishments. A dangerous crime against a child has its own sentencing range that comes with more prison time.
For example, a typical class 4 aggravated assault may carry a sentence of between 4 and 8 years for a first-time offender, but if the victim is under 15, the defendant may be sentenced to 10 to 24 years.
Due to the nature of this type of crime, the defendant would not be eligible for probation. Repeat offenders may face higher fines and more time in prison.
Can a Class 4 Felony Be Reduced to a Misdemeanor?
Getting a felony reduced to a misdemeanor is no easy feat. There are four main ways to achieve a felony reduction, including through a plea bargain, showing that the felony elements of a crime are not present, or through the completion of a diversion program or probation.
In addition, only certain types of felonies can potentially be reduced to misdemeanors, such as hit and runs, DUIs, driving with a suspended license, or possession of a stolen vehicle. If you have been charged with a felony and want to know the odds of getting your felony reduced to a misdemeanor, it is essential to speak with a knowledgeable attorney about your case.
Statute of Limitations for Class 4 Felonies in Arizona
A statute of limitations refers to the amount of time that a person has to prosecute a crime. In Arizona, the legal statute of limitations for a class 4 felony is seven years, with the exception of serious criminal cases. Some examples of class 4 felonies that are deemed serious offenses under the Arizona statute of limitations include the fabrication of official documents and improper use of public funds.
It is important to note that the statute of limitations in Arizona only applies when the defendant is actively in the state. If the defendant leaves the state, the clock essentially stops until they return, meaning time spent outside of Arizona does not count towards the statute of limitations.
How JacksonWhite Can Help
Arizona takes both dangerous and non-dangerous felony crimes very seriously. If convicted, you could face jail or prison time, as well as financial repercussions resulting from fines, penalties, and probation costs. Due to the complexities of Arizona criminal law, it’s easy to make mistakes and say the wrong thing. That is why you need an experienced criminal defense attorney on your side.
At JacksonWhite Attorneys at Law, our team has decades of experience handling felony cases. We are a full-service law firm that serves clients throughout Arizona and are prepared to assist you with your legal troubles. Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.