If you are accused of any type of crime in Arizona, it is important to understand whether you are being charged with a misdemeanor or felony, and what this distinction could mean for your future. The language of criminal law is very specific. It is critical to recognize the difference between a misdemeanor and a felony so you can adequately protect yourself.
If you are being charged with a traffic violation, classified as either a misdemeanor or a felony, contact our Arizona traffic ticket attorney at Corso Law Group. Call (480) 471-4616 today.
What Is a Misdemeanor in Arizona?
In Arizona, there are three main categories of crimes: minor offenses, misdemeanors and felonies. Misdemeanors are right in the middle in terms of crime severity. They are more serious than minor offenses, but less serious than felonies.
Misdemeanors are further categorized into three classes based on the severity of the crime, with a class 1 misdemeanor being the most serious and a class 3 the least serious. A misdemeanor conviction in Arizona could lead to penalties such as:
- 30 days to 6 months in jail
- A fine of $500 to $2,500
- Probation
The penalties for a misdemeanor conviction will depend on the type of crime committed, whether there are any aggravating factors and the defendant’s criminal background. Examples of misdemeanors in Arizona are first-offense driving under the influence (DUI), reckless driving, shoplifting with a value under $1,000, assault, harassment, criminal trespassing and domestic violence.
What Is a Felony in Arizona?
Felonies are serious crimes that often involve the use of weapons, severe injuries or harm inflicted, high-value property losses or substantial threats to public safety. For this reason, felony crimes come with the harshest penalties. This includes consequences that can impact the person for the rest of his or her life.
A sentence for a felony conviction in Arizona could involve:
- One or more years in a state prison
- Life imprisonment
- Thousands of dollars in fines
- The possibility of probation, in some cases
- Permanent loss of certain civil rights, including voting rights and the right to bear arms
- A permanent criminal record
- The death penalty
Like misdemeanors, felonies are broken down into classes. There are six classes of felonies. Class 1 is the most serious type, while class 6 is the least serious. Examples of felony charges in Arizona are aggravated DUI, drug possession and trafficking, burglary, aggravated assault, rape, and murder.
Can Arizona Criminal Charges Change From Misdemeanor to Felony and Vice Versa?
A crime that is typically classified as a misdemeanor in Arizona may be enhanced to a felony if there are aggravating factors, or circumstances that increase the severity of the crime or its consequences.
These may include:
- Using a dangerous instrument or deadly weapon
- Causing serious injury or death
- Involving a child in the crime
- Having a history of prior convictions
Likewise, a felony could be reduced to a misdemeanor if it is the defendant’s first offense or if the defendant’s Phoenix criminal defense attorney negotiates a plea bargain.
Life After a Misdemeanor vs. a Felony
One of the key differences between a misdemeanor and a felony in Arizona is the long-term effects. A misdemeanor will stay on your record, but most employers and landlords will overlook misdemeanors during background checks. Misdemeanors can also be set aside, where the record is not erased but shows that you completed all the requirements of the sentence and the court vacated the conviction.
A felony conviction, on the other hand, can permanently affect your life. You can lose your civil rights, employment and housing opportunities, public benefits, and driving privileges. You may be able to have a felony conviction expunged if you qualify and petition the courts. Even if you are facing a misdemeanor, you could be at risk of significant impacts to your life. Always consult a criminal defense attorney if you get accused of a misdemeanor or felony.
