Understanding Class 4 Felonies in Arizona
Class 4 felonies are considered mid-level felonies in Arizona’s six-class felony system, with Class 1 being the most serious and Class 6 the least. While not as severe as Class 1 or Class 2 felonies, Class 4 felonies carry significant penalties that can impact your life profoundly.
Common Class 4 Felony Offenses
Arizona recognizes over 90 Class 4 felony offenses, including:
- Aggravated Assault
- Negligent Homicide
- Third-Degree Burglary
- Extortion
- Robbery
- Forgery
- Identity Theft
- Perjury
- Vehicular Homicide
- Child or Vulnerable Adult Abuse
Other less common offenses include altering livestock brands, attempting to influence a juror, theft of protected native plants, and smuggling.
How Class 4 Felonies Fit into Arizona’s Felony System
- Class 1 Felonies: Reserved for the most serious crimes, such as first and second-degree murder, carrying life imprisonment or the death penalty.
- Class 2 Felonies: Include severe offenses like aggravated assault with a deadly weapon, possession of dangerous drugs with intent to sell, and sexual assault of a minor.
- Class 3 Felonies: Encompass crimes like burglary, aggravated identity theft, and serious drug offenses.
- Class 5 Felonies: Cover offenses such as stalking, credit card theft, and aggravated domestic violence.
- Class 6 Felonies: The least severe felonies, sometimes reduced to misdemeanors, known as “wobblers.”
Penalties for Class 4 Felony Convictions
A Class 4 felony conviction can result in:
- Prison Sentence: Ranging from 1 to 15 years, depending on various factors.
- Fines: Up to $150,000, excluding surcharges.
- Restitution: Compensation to victims for losses incurred.
- Probation and Community Service: Additional conditions imposed by the court.
Factors Affecting Sentencing
- Prior Felony Convictions: Previous convictions can increase sentencing ranges.
- Nature of the Offense: Whether the crime is classified as dangerous or non-dangerous.
- Mitigating Factors: Circumstances that may reduce the severity of the sentence.
- Aggravating Factors: Circumstances that may increase the severity of the sentence.
Dangerous vs. Non-Dangerous Class 4 Felonies
Dangerous Offenses
- Definition: Crimes involving the use or threat of a deadly weapon, or causing serious physical injury.
- Sentencing: Not eligible for probation; carry harsher penalties.
- Examples: Aggravated assault with a deadly weapon, armed robbery, sexual exploitation of a minor.
Non-Dangerous Offenses
- Definition: Crimes that do not involve deadly weapons or serious physical injury.
- Sentencing: May be eligible for probation or reduced sentencing.
Sentencing Guidelines for Class 4 Felonies
First-Time Offenders (Non-Dangerous)
- Mitigated Sentence: 1 year
- Minimum Sentence: 1.5 years
- Presumptive Sentence: 2.5 years
- Maximum Sentence: 3 years
- Aggravated Sentence: 3.75 years
Offenders with One Prior Felony (Non-Dangerous)
- Mitigated Sentence: 2.25 years
- Minimum Sentence: 3 years
- Presumptive Sentence: 4.5 years
- Maximum Sentence: 6 years
- Aggravated Sentence: 7.5 years
Offenders with Two or More Prior Felonies (Non-Dangerous)
- Mitigated Sentence: 6 years
- Minimum Sentence: 8 years
- Presumptive Sentence: 10 years
- Maximum Sentence: 12 years
- Aggravated Sentence: 15 years
Sentencing for Dangerous Class 4 Felonies
First-Time Offenders
- Minimum Sentence: 4 years
- Presumptive Sentence: 6 years
- Maximum Sentence: 8 years
One Prior Felony Conviction
- Minimum Sentence: 8 years
- Presumptive Sentence: 10 years
- Maximum Sentence: 12 years
Two or More Prior Felony Convictions
- Minimum Sentence: 12 years
- Presumptive Sentence: 14 years
- Maximum Sentence: 16 years
Class 4 Felonies Involving Crimes Against Children
Convictions involving child victims carry even harsher penalties under Arizona law (ARS § 13-705):
- Minimum Sentence: 10 years
- Maximum Sentence: Up to 35 years
- Note: Sentencing depends on whether the offense is a first-time or repeat offense.
Statute of Limitations for Class 4 Felonies
- Time Limit: 7 years from the date of the alleged offense.
- Tolling: The statute pauses if the defendant is not physically present in Arizona.
Why You Need Experienced Legal Representation
A Class 4 felony conviction can have life-altering consequences, including:
- Loss of Freedom: Significant prison time.
- Financial Hardship: Substantial fines and restitution.
- Permanent Criminal Record: Affecting employment and housing opportunities.
- Loss of Civil Rights: Including the right to vote and possess firearms.
How Attorney Theodore Agnick Can Help
Attorney Theodore Agnick at Ted Law is dedicated to:
- Protecting Your Rights: Ensuring fair treatment throughout the legal process.
- Thorough Case Investigation: Analyzing evidence and identifying weaknesses in the prosecution’s case.
- Strategic Defense Planning: Crafting a defense tailored to your specific circumstances.
- Aggressive Representation: Advocating for reduced charges or dismissal when possible.
Contact Ted Law for a Free Consultation
If you’re facing Class 4 felony charges in Arizona, immediate action is crucial.
Call us 24/7 at (602) 453-3100 for a free, confidential consultation. Let Attorney Theodore Agnick at Ted Law provide the skilled defense you need to navigate this challenging time.
Frequently Asked Questions
What are mitigating factors in sentencing?
- Mitigating factors can include your age, minor role in the offense, acting under duress, or having good character. These can potentially reduce your sentence.
What are aggravating factors?
- Aggravating factors include use of a deadly weapon, premeditation, involvement of an accomplice, or causing serious harm to the victim. These can increase the severity of your sentence.
Can a Class 4 felony be reduced to a misdemeanor?
- In some cases, especially with Class 6 felonies known as “wobblers,” a felony charge can be reduced. However, reducing a Class 4 felony is more challenging and requires skilled legal negotiation.
Protect Your Future with Ted Law
Facing felony charges is overwhelming, but you don’t have to face them alone. Attorney Theodore Agnick is committed to providing aggressive and effective legal representation.
Contact us today at (602) 453-3100 to discuss your case and learn how we can help protect your rights and future.
Disclaimer: The information provided is for general informational purposes and is not legal advice. Every case is unique, and you should consult with an attorney for advice regarding your specific situation.