Felony Crimes

While facing any criminal charge is very stressful, if you are charged with one or more felony crimes, it can be hard to focus on anything besides your case. Understandably, felony offenses are extremely serious, and they all carry at least the possibility of jail time. However, it’s important not to let your current situation overwhelm you. Just because you’ve been charged with a crime doesn’t mean you’ll be found guilty. No one understands this better than Attorney James Novak. Attorney Novak is a dedicated Phoenix criminal defense attorney with more than 25 years of hands-on experience helping his clients get out from under the crimes they face.

In Arizona, a felony crime is any offense that carries the possibility of a term of imprisonment in the custody of the state department of corrections. Misdemeanors, on the other hand, are those crimes for which any other sentence is allowed, including time in county jail.

Arizona classifies all felony offenses into one of six categories:

• Class 1 felony
• Class 2 felony
• Class 3 felony
• Class 4 felony
• Class 5 felony
• Class 6 felony

A class 1 felony is the most serious type of offense in Arizona and is punishable by a term of 10 years to life imprisonment and, in certain homicide cases, the death penalty. On the other end of the spectrum, class 6 felonies are the least serious type of felony and carry a presumptive sentence of one year in jail for a first-time offender.

There are many felony crimes in Arizona. Some offenses are always considered felonies, while others can be graded as a misdemeanor or a felony, depending on the facts. Below are some of the most common types of felonies in Arizona:

• Aggravated assault,
• Felony DUI,
• Burglary,
• Sexual assault,
• Murder and attempted murder,
• Assault with a deadly weapon,
• Felony Theft (over $3,000), and
• Aggravated domestic violence.

Technically, even drug possession is a felony. However, under Arizona Revised Statutes § 13-3407, in certain situations, the judge has the discretion to convert the felony into a class 1 misdemeanor.

Any felony carries at least one year in prison; however, most felony crimes can result in much longer sentences. Arizona law provides sentencing recommendations for each class of felony. For example, below is a list of the presumptive sentences for first-time offenders

• Class 2 felony – 5 years in prison
• Class 3 felony – 3.5 years in prison
• Class 4 felony – 2.5 years in prison
• Class 5 felony – 1.5 years in prison
• Class 6 felony – 1 year in prison

Notably, class 1 felonies are missing from the list. That’s because there are only two class 1 felonies, first and second-degree murder, and these offenses have special sentencing rules.

Of course, a felony conviction results in more than a potential prison sentence. There are a wide range of collateral consequences convicted felons face, including the inability to purchase a firearm, employment difficulties and the loss of state or federal benefits. Additionally, those who are not U.S. citizens can be deemed removable after being convicted of a felony.

If you were recently arrested and charged with a felony crime in Phoenix, reach out to the Law Office of James E. Novak to get started working on your defense. Attorney Novak has a reputation for thinking outside the box to secure the best possible result for each of his clients. He understands that this is an incredibly stressful time for you and makes himself available to discuss your case whenever you need to reach him. To learn more, and to schedule a free consultation with Attorney Novak, call 480-413-1499 today. You can also connect with us through our online contact form.