No one ever expects to be involved in a crime that results in a felony conviction. However, when these incidents happen, it\u2019s important to react appropriately by contacting an experienced criminal defense attorney who will explain your rights and fight on your behalf.<\/p>\n
In Arizona, felonies are divided into six classes, ranging from 1 to 6. Class 1 is the most serious type of felony and includes crimes like first-degree and second-degree murder. Class 6 is the least serious type of felony and includes crimes like theft of a firearm and witness tampering.<\/p>\n
If you have been charged with a class 6 felony in Arizona, don\u2019t wait to get the legal help you need. Learn more about class 6 felonies, the penalties of these crimes, and how the experienced legal team at JacksonWhite Law can assist you with your case.<\/p>\n
A class 6 felony is the least severe type in Arizona, typically resulting in fines, probation, and\/or a jail sentence of between 4 months and 5.75 years. What makes a class 6 felony unique is that a prosecutor has the option to change the charge to a misdemeanor. Misdemeanors are less serious and unlike felonies, do not result in prison time.<\/p>\n
While misdemeanors are the least severe out of all the classes, penalties can increase in certain scenarios. For example, a defendant may face a harsher penalty if the crime is deemed a \u201cdangerous\u201d offense, if the crime was against a child, if there were aggravating factors, if it was a repeat offense, or if the defendant has a criminal history.<\/p>\n
Class 6 felonies are also referred to as \u201cwobblers\u201d as prosecutors have the option to pursue them as misdemeanors or felony-level offenses. There are more than 200 crimes that fall under class 6 felonies in Arizona. Some of these crimes include:<\/p>\n
The consequences of a class 6 felony conviction can range based on several factors, such as the nature of the crime, whether the crime is deemed dangerous or non-dangerous, and if the defendant has one or more prior felonies.<\/p>\n
With no prior felonies, a class 6 felony could result in a sentence of 4 months to 2 years. The defendant may also be eligible for probation. With one prior felony, the sentence could range from 9 months to 2.75 years, and with two or more felonies, the sentence could range from 2.25 to 5.75 years.<\/p>\n
A defendant may face a more severe punishment if the crime is a \u201cdangerous\u201d offense or if the victim was a child under the age of 15.<\/p>\n
In Arizona, a non-dangerous offense typically comes with a lighter sentence, compared to a dangerous offense that involves violence or the use of a deadly weapon. Some examples of non-dangerous class 6 felony offenses include theft, shoplifting, and possession of drug paraphernalia.<\/p>\n
If you have been charged with a class 6 non-dangerous offense, you could face between 4 months and 2 years if you have no prior felony convictions, between 9 months and 2.9 years if you have one prior felony conviction, or between 2.3 years and 5.9 years if you have two or more prior felony convictions. If you are a repeat offender, the punishment may be considerably more severe.<\/p>\n
For a crime to be considered \u201cdangerous\u201d under Arizona law, the defendant must have knowingly caused serious physical harm to another person, or used, threatened with, or discharged a deadly weapon or another dangerous instrument. Due to the seriousness of these crimes, they often come with harsher penalties.<\/p>\n
If you have no history of felony-level dangerous offenses, you could face a 1.6-to-3-year sentence. The sentence for defendants with one prior felony-level dangerous offense is between 3 and 4.6 years, and for defendants with two or more felony-level dangerous offenses, the sentence is 4.6 to 6 years. Repeat offenders may face stiffer penalties.<\/p>\n
Many factors can influence penalties for a class 6 felony, including the age of the victim. In Arizona, a class 6 felony is considered a dangerous crime against a child if the victim involved is under the age of 15.<\/p>\n
Dangerous crimes against children are considered especially heinous in Arizona and come with their own sentencing range, often with longer prison sentences. For example, sexual conduct with a minor as a first-time offender may come with a sentence of 4 months to 2 years; however, if the victim is under 15 years old, the defendant could face a lengthier prison sentence of between 13 and 27 years.<\/p>\n
In Arizona, a class 6 felony is typically the only type of felony that can be reduced to a misdemeanor. According to ARS 13-604, if a person is convicted of a class 6 felony and the associated crime is not a dangerous offense, the court could potentially designate the crime as a class 1 misdemeanor.<\/p>\n
This can occur if the judge believes that a felony ruling would be unduly harsh, such as in the case of a first-time offender. However, if a defendant has been convicted of two or more felonies, the crime cannot be reduced to a misdemeanor. Working with an experienced criminal defense attorney can greatly increase your odds of having your class 6 felony reduced at sentencing.<\/p>\n
The statute of limitations refers to a law that specifies the maximum amount of time that legal proceedings, whether criminal or civil, can begin after an alleged crime.<\/p>\n
In Arizona, the statute of limitations for class 6 felonies is 7 years, meaning a prosecutor has 7 years to file a felony charge after an offense has been committed. If a prosecutor does not file within this time frame, then a criminal defense attorney can use the statute of limitations as a defense in court. If the defense is successful, the court could dismiss the charges.<\/p>\n
Class 6 felonies can also be charged as misdemeanors, which have a statute of limitations in Arizona of one year. However, even if a class 6 felony is charged as a misdemeanor, the prosecution still has up to 7 years to file a charge against the defendant. This timeframe pauses when the defendant is absent from the state.<\/p>\n
It\u2019s never easy to hear that you\u2019ve been charged with a felony but you do have options. If you are facing a class 6 felony charge, it\u2019s imperative to speak with a criminal defense attorney<\/a> to discuss your case and build a strong defense. The legal experts at JacksonWhite have decades of experience handling felony cases and can assist you with your class 6 felony charge.<\/p>\n