What Constitutes a Class 2 Felony in Arizona?

Question from Bob, What Constitutes a Class 2 Felony in Arizona?

Answer from AI:

What a Class 2 Felony Means in Arizona

Arizona groups felonies into five classes, with Class 1 being the most serious and Class 5 the least. A Class 2 felony sits just below the top tier and is treated as a very serious crime. The state’s statutes define the range of offenses that fall into this category and prescribe the mandatory minimum and maximum penalties.

Typical Offenses Charged as Class 2 Felonies

While the exact list can change with legislative updates, the following conduct is commonly classified as a Class 2 felony in Arizona:

• Second‑degree murder – intentional killing without premeditation.
• Aggravated assault – assault with a deadly weapon or causing serious bodily injury.
• Burglary in the second degree – unlawful entry into a dwelling or structure with intent to commit a theft or felony.
• Robbery – taking property from a person by force, threat, or intimidation.
• Certain drug offenses – possession with intent to distribute large quantities of controlled substances (e.g., 30 g or more of methamphetamine).

These examples illustrate the range from violent crimes to serious property and drug offenses.

Penalties Imposed

Arizona law sets a mandatory minimum sentence of four years in the state prison system for any Class 2 felony. The statutory range is four to ten years of incarceration, and a judge may also impose:

• Fines up to $50,000 (subject to the court’s discretion).
• Restitution to compensate victims for losses.
• Probation or parole after serving a portion of the prison term, depending on the offender’s record and the specifics of the case.

Because the minimum is mandatory, a defendant cannot receive a sentence shorter than four years unless a successful appeal or a special sentencing alternative (such as a diversion program) is granted.

Factors That Influence the Sentence

Arizona sentencing guidelines require judges to consider both aggravating and mitigating circumstances:

Aggravating factors (which can increase the term)

• Use of a deadly weapon.
• Multiple victims or a pattern of criminal conduct.
• Prior felony convictions, especially for similar offenses.

Mitigating factors (which can reduce the term)

• Lack of prior criminal history.
• Demonstrated remorse or cooperation with law‑enforcement.
• Evidence of mental health issues or duress at the time of the offense.

These factors are weighed during a sentencing hearing, and the judge may adjust the length of imprisonment within the statutory range.

Rights and Practical Steps

Anyone charged with a Class 2 felony has constitutional rights that include:

• The right to counsel—if you cannot afford an attorney, the court will appoint one.
• The right to a pre‑trial hearing to challenge the evidence.
• The right to appeal a conviction or sentence.

Because the stakes are high, navigating the criminal process without professional help is risky. Consulting a licensed criminal defense attorney as soon as possible is essential to protect your rights, evaluate possible defenses, and negotiate any plea agreements.

Where to Find the Law

For the exact statutory language and any recent amendments, see the Arizona Revised Statutes:

• Title 13, Chapter 3 – Criminal Classification – provides the official list of offenses and their class designations.
• Arizona Department of Corrections – Sentencing Guidelines – offers a practical overview of how sentences are calculated.

These resources are publicly available and can be accessed through the Arizona Legislature’s website or the Department of Corrections portal.

---

If you or someone you know is facing a Class 2 felony charge, the information above offers a general framework, but each case has unique facts. A qualified attorney can give personalized guidance tailored to the specific circumstances.