Class 5 Felony in Arizona
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Understanding Class 5 Felonies in Arizona
A class 5 felony is a step more serious than a class 6 felony, which is the least severe. The typical sentence for a first offense of a class 5 felony ranges from 6 months to 2.5 years in prison. However, if the defendant has prior convictions, the judge can impose a prison term of up to 7.5 years. Fines can also be imposed upon conviction. For a first felony offense, probation is a possible outcome.
Although the sentencing range is slightly higher than for a class 6 felony, a class 5 felony cannot be charged or converted to a misdemeanor. This means that a conviction carries the full consequences of having a felony on your record, including the loss of voting rights and the right to possess weapons.
In Arizona, a “felony” is a serious type of crime.
The legal system in Arizona splits crimes into two main groups: “felonies” and “misdemeanors”
“Misdemeanors” are less serious crimes and could lead to up to six months in jail. On the other hand, “felonies” can result in prison time. How long someone goes to prison depends on how serious the felony is and if they have been convicted of felonies before. People convicted of felonies also can’t vote or have guns.
“Felony crimes” are put into six different groups, or “felony classes,” based on how serious they are.
- Class 1 Felonies
- Class 2 Felonies
- Class 3 Felonies
- Class 4 Felonies
- Class 5 Felonies
- Class 6 Felonies
Each of the felony classes comes with its own set of possible penalties, with class 6 felonies being the mildest and class 1 felonies being the most severe. Class 5 felonies are the fifth most strongly punished crimes.
Types of Class 5 Felonies in Arizona
There are more than 150 crimes in Arizona that fall under the category of class 5 felonies. Some common examples of class 5 felony crimes include:
- Animal cruelty
- Theft of property valued between $2,000 and $3,000
- Aggravated domestic violence
- Aggravated assault on a police officer
- Obstructing a criminal investigation
- Failure to appear for court
- Public sexual indecency involving a minor
- Unlawful use of means of transportation
- Sexual abuse
- Criminal damage of between $2,000 and $10,000
Click here for a full list of Class 5 Felonies in Arizona.
Punishments and Sentencing For a Class 5 Felony
The consequences for class 5 felonies are contingent upon whether the offense is deemed “dangerous” and the individual’s previous felony convictions. In the absence of dangerous classification, the sentencing spectrum is outlined as follows:
No prior felonies: Probation eligible, or imprisonment ranging from 6 months to 2.5 years in prison.
One prior felony: Incarceration between 1 and 3.75 years in prison.
Two or more prior felonies: Prison term ranging from 3 to 7.5 years in prison.
The determination of a defendant’s sentence within these ranges rests with the judge, taking into account various factors, elaborated upon in the comprehensive guide on Arizona’s felony sentencing guidelines.
For a first-time dangerous offense involving a deadly weapon or dangerous instrument, imprisonment is mandatory. The penalty for a maiden class 5 dangerous felony is 2 to 4 years. Notably, probation is not available upon conviction for a dangerous crime.
Creating Customized Defense Strategies for Class 5 Felonies in Arizona
In the realm of Class 5 felony cases, the creation of tailored defense strategies holds great significance. These strategies serve as crucial tools when navigating the intricacies of Arizona’s felony classifications. Each Class 5 felony case is uniquely shaped by the framework of Arizona laws.
Within the scope of Class 5 felony charges, each case presents its own set of circumstances, evidence, and legal complexities, all defined by Arizona laws. Constructing a strong defense strategy requires a meticulous case analysis, coupled with a strategic plan tailored to the specific circumstances. This personalized strategy aligns with the individual case, taking into account various factors.
These factors encompass the evidence against the defendant, a deep comprehension of legal precedents within Arizona’s Class 5 felony cases, and the identification of potential mitigating elements. By adeptly weaving together these components, the defense strategy transforms into a custom-tailored approach that precisely suits the case. This approach guarantees the protection of the defendant’s rights and ensures a compelling case presentation. It harnesses the full array of legal nuances and defense tactics provided by Arizona laws to offer a robust and effective defense.
Class 5 Felony Statute of Limitations
The term “statute of limitations” pertains to the time frame within which prosecutors can file charges. If you’re under investigation for a crime but haven’t been charged yet, the state must bring the charges within a specific period to retain that right. As per ARS 13-170, the statute of limitations for class 5 felonies in Arizona is seven years. These time limits only apply when the defendant is physically present within Arizona. If the defendant is outside the state, the clock stops, and the time spent away does not count towards the 7-year statute of limitations.
Board Certified Criminal Law Specialization
As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 56 Criminal Law Specialists in the entire state. Of these 56, only 39 are located in Maricopa County and are allowed to handle private cases.
DM Cantor has 3 Criminal Law Specialists, the most of any firm in Arizona.
When defending allegations, it is critical to have as many Board Certified Criminal Law Specialists on your legal team as possible.
The specialization process is so rigorous that only 23 current Criminal Law Specialists have been certified this century.
In addition, all specialists must be approved for re-certification every 5 years.
At DM Cantor, our attorneys have conducted Jury Trials on hundreds of criminal cases.
Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.
We wouldn’t have it any other way.
Why Choose Board Certified Criminal Law Specialists?
When facing the formidable challenges of Class 1 felony charges in Arizona, the decision to rely on the expertise of Board Certified Criminal Law Specialists becomes paramount. This choice gains even more significance within the scope of the Arizona legal system, where the nuances of felony cases are meticulously defined. Particularly, when working with the highly respected professionals at DM Cantor, the assurance of having seasoned specialists by your side is unparalleled.
These specialists have amassed extensive experience, honing their skills through a rigorous certification process that underscores their proficiency in handling complex felony cases. Their proven ability to strategize successful defense tactics is a beacon of confidence when maneuvering the intricate labyrinth of Class 1 felony charges. Notably, their expertise transcends conventional legal prowess, encompassing an intricate understanding of Arizona’s distinct felony laws.
What sets Board Certified Criminal Law Specialists apart is their commitment to tailoring defense strategies to suit the unique circumstances of each case, effectively integrating the subtle nuances of Arizona’s legal landscape. This personalized approach is rooted in their comprehensive grasp of the intricacies of felony cases and their implications under Arizona Law. By partnering with these specialists, individuals facing Class 1 felony charges equip themselves with an arsenal of knowledge, experience, and insight. In the ever-evolving realm of Arizona’s felony laws, their guidance becomes an invaluable asset, ensuring a comprehensive and tailored defense strategy that maximizes the chances of a favorable outcome.
Contact DM Cantor and speak to a Criminal Defense Attorney. We will assist you is you are facing a felony in Arizona and help minimize your penalties.