Misdemeanors result in short-term incarceration and small fines, while felony convictions result in incarceration for long periods in state prison and bigger fines. There are roughly 100 class 4 felonies in Arizona, which are more serious than some but less serious than other felonies. Don’t forget a felony conviction of any class can cause the perpetrator to be denied firearm possession and other rights. This is why you need a hard-working, smart Arizona criminal defense attorney fighting for you.
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What Is a Class 4 Felony in Arizona?
In Arizona, crimes are classified into different levels of severity based on their seriousness. There are six levels in total. A mid-range class 4 felony is one of the categories used in Arizona to classify serious crimes. It represents offenses that are considered more serious than misdemeanors and class 5 and 6 felonies but less severe than class 1 (the most serious), class 2, or class 3 felonies.
What Is the Penalty for a Class 4 Felony in Arizona?
In Arizona, the penalties for a class 4 felony can vary depending on the specific offense and if there were any aggravating factors involved. Generally speaking, class 4 felonies carry a sentence of 2.5 years to 3.75 years in prison and fines of up to $150,000. When determining the appropriate punishment, judges have discretion in sentencing and are free to consider the defendant’s criminal history, the circumstances of the offense, and any mitigating factors. If you have prior convictions, there are, however, some guidelines that the court must follow:
- Two or more prior felonies: 6 to 15 years
- One prior felony: 2.25 to 7.5 years
- No prior felonies: 1 to 3.75 years in prison or just probation
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Types of Class 4 Felonies in Arizona
Dangerous Offenses
Dangerous offenses involve crimes that have a higher likelihood of causing physical harm to others or involve the use of a deadly weapon. In other words, a dangerous class 4 felony involves the use, charge, or threat of a person with a deadly weapon or otherwise dangerous instrument. Aggravated driving under the influence, kidnapping, robbery, and misconduct using weapons are examples of dangerous class 4 felonies. Here are more examples of dangerous class 4 felonies:
- Arizona Revised Statutes §13-1204: Aggravated assault
- Arizona Revised Statutes §13-1302: Custodial interference
Punishments for dangerous class 4 felonies include a 4-8 year jail sentence (no prior dangerous felony convictions), an 8-12 year jail sentence with one prior conviction, or a 12-16 year jail sentence for two or more prior convictions.
Dangerous Crimes Against Children
Certain class 4 felonies in Arizona are classified as dangerous crimes against children. Defendants who commit dangerous class 4 felonies against people under age 15 will receive harsher punishments. Examples of dangerous crimes against children that are categorized as class 4 include:
- Arizona Revised Statutes §13-1304: Kidnapping
- Arizona Revised Statutes §13-130: Unlawfully obtaining labor or services
As you may have guessed, a dangerous crime against a child comes with additional prison time. For example, a typical class 4 aggravated assault carries a 4-8 year jail term for a first-time offender, but if the victim of that crime was under 15, the perpetrator can be sentenced to 10-24 years in prison.
Additionally, defendants in cases like these with child victims would not be eligible for probation. Again, repeat child victim offenders should expect higher fines and more prison time.
Non-Dangerous Offenses
Some class 4 felonies in Arizona are considered non-dangerous offenses. Non-dangerous offenses generally involve crimes that do not involve the use or threat of physical force and are less likely to cause significant harm or injury to others. Falsifying a public record, forgery, perjury, failing to register as a sex offender, selling unregistered securities, third-degree burglary, or theft up to $4,000 are considered non-dangerous class 4 felonies. More examples of non-dangerous class 4 felonies include:
- Arizona Revised Statutes §3-932: Theft of protected native plants
- Arizona Revised Statutes §3-1305: Obliterating or changing brand or mark
- Arizona Revised Statutes §5-115: Certain racing violations
- Arizona Revised Statutes §10-1632: Interrogatory or signature violations; corporate records
- Arizona Revised Statutes §10-11632: Interrogatory or signature violations; corporate records
The penalty ranges for class 4 felonies are typically based on the defendant’s criminal history. If there are two or more priors, the jail term ranges from 6-15 years. If the defendant has just one prior, he or she can be sentenced from 2.3-7.6 years in prison. With no priors, he or she could face probation or a jail term up to 3.75 years. These penalties are typically less severe than other class 4 felonies.
Other Examples of Class 4 Felonies
Here are some examples of felonies categorized as “class 4” by the state of Arizona:
- Arizona Revised Statutes §13-1102: Negligent homicide
- Arizona Revised Statutes §13-1002: Solicitation of a class 2 felony
- Arizona Revised Statutes §13-1001: Attempt of a class 3 felony
- Arizona Revised Statutes §10-11632: Interrogatory or signature violations; corporate records
- Arizona Revised Statutes §10-1632: Interrogatory or signature violations; corporate records
- Arizona Revised Statutes §5-396: Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs
- Arizona Revised Statutes §3-1305: Obliterating or changing brand or mark
- Arizona Revised Statutes §3-1304: Branding or altering the brand of an animal of another
- Arizona Revised Statutes §3-932: Theft of protected native plants
- Arizona Revised Statutes §3-109: Unlawful influence of officer, inspector, or other state employee
Can a Class 4 Felony Be Reduced to a Misdemeanor?
Yes, this is possible, especially if the defendant has no criminal history. Working with a competent, accomplished Arizona criminal defense attorney can significantly improve your chances of having the charges reduced or even dismissed.
John Allen Phebus – Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
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Statute of Limitations for Class 4 Felonies in Arizona
According to Arizona Revised Statutes §13-170, the statute of limitations for class 4 felonies is seven years. Note that this seven-year statute only runs when the defendant is physically in the state. So if he or she leaves the state, the statutory countdown period clock pauses.
Looking for the Right Arizona Criminal Defense Lawyer?
If you are facing class 4 felony charges in Arizona, you need the best Arizona criminal defense lawyer you can find. The Law Offices of John Phebus are dedicated to providing vigorous, methodical legal representation and advice to people arrested for felonies.
To speak to one of our lawyers now, contact our office for a free consultation.
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If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer today and connect with one of our highly experienced Glendale criminal defense attorneys.
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