Facing criminal charges in Arizona can turn your world upside down. Your freedom, your career, your reputation, and your peace of mind are all on the line. If you or someone you love is navigating the Arizona criminal justice system, one of the first things you need to understand is how your charge is classified.
Arizona divides crimes into two main categories: misdemeanors and felonies. Both are formal criminal charges, but they carry vastly different penalties, court processes, and long-term consequences. Knowing the difference, and knowing what can push a charge from one category into the other, is the first step toward protecting your future.
At Canyon State Law, led by Principal Attorney Thomas Hogle, we provide aggressive, strategic representation for people facing both felony and misdemeanor charges across the Phoenix Valley. Here is what you need to know.
Misdemeanors are considered less severe offenses, but they should never be taken lightly. A misdemeanor conviction still results in a permanent criminal record, and it can still mean jail time, steep fines, and mandatory probation.
Arizona breaks misdemeanors into three classes, with Class 1 being the most serious.
Punishable by up to 6 months in jail and substantial fines. Common examples include simple assault, shoplifting property valued under $1,000, DUI and certain domestic violence offenses.
Punishable by up to 4 months in jail and fines. An example is Reckless Driving, nuisance, and certain assaults or criminal damage.
The lowest misdemeanor level, covering offenses such as certain criminal trespassing charges and assault.
Even criminal speeding, something many drivers assume is a simple traffic ticket, is actually a criminal misdemeanor in Arizona. A conviction can mean up to 30 days in jail, fines up to $500 plus surcharges, and 3 points on your driving record.
Felonies are the most serious charges in the state. If you are charged with a felony, your case is heard in Superior Court, and a conviction can carry significant prison time in a state facility rather than a county jail.
Arizona divides felonies into six classes, with Class 1 being the most severe, covering crimes like homicide, and Class 6 being the least severe.
Aggravated DUI. Unlike a standard DUI, which is typically a misdemeanor, an Aggravated DUI is a felony. It is often charged when a driver has multiple prior DUI convictions, was driving the wrong way on the road, causes a serious injury, is driving on a suspended license, or had a child under 15 in the vehicle.
Aggravated Assault. Aggravated assault is a felony involving significant physical injury, the use of a deadly weapon, or an assault against a protected individual, such as a police officer.
Felony Drug Crimes. Possession of small amounts of certain substances may sometimes be treated with leniency, but transporting, smuggling, or possessing drugs for sale are heavily prosecuted felony offenses.
Felony penalties are life altering. A domestic violence felony charge on a first offense, for example, can carry a prison sentence ranging from 1 year to as much as 12.5 years.
In many cases, the exact same act can be charged as either a misdemeanor or a felony depending on specific aggravating factors. Two of the most common factors are the dollar value of the property involved and the person’s prior criminal record.
For property and theft crimes, Arizona law sets strict monetary thresholds that determine the charge.
Shoplifting (A.R.S. § 13-1805). Shoplifting merchandise worth less than $1,000 is a Class 1 misdemeanor. If the value is between $1,000 and $2,000, or if the item stolen is a firearm, the charge becomes a Class 6 felony. Shoplifting items worth $2,000 or more is a Class 5 felony. Using a concealment device, or having two or more prior theft convictions within the past five years, automatically elevates the charge to a Class 4 felony, regardless of the item’s value.
Criminal Damage. Damaging property worth less than $250 is a Class 2 misdemeanor. Damage between $250 and $1,000 is a Class 1 misdemeanor. Once the damage exceeds $1,000, you are facing a felony: a Class 6 felony for $1,000 to $2,000, a Class 5 felony for $2,000 to $10,000, or a Class 4 felony for damage over $10,000 or damage to utility property.
Arizona law is unforgiving toward repeat offenders. Charges that might otherwise stay at the misdemeanor level, such as a standard DUI or a domestic violence offense, can be elevated to felonies if the accused has prior convictions on their record. A second or third DUI within a set period, for instance, can move a case out of misdemeanor territory entirely.
This is one of the biggest reasons an early, thorough case review matters. An attorney who understands how prior convictions are counted, and which ones may not legally apply, can sometimes keep a case from being charged at a higher level than it should be.
The gap between a misdemeanor and a felony extends far beyond the immediate jail or prison sentence. A conviction carries collateral consequences that can follow you for years, sometimes for life.
Employment and career. A felony conviction shows up on background checks and can make it extremely difficult to find work or hold a professional license in fields like healthcare, education, or real estate. Even a misdemeanor theft conviction can damage your credibility during a job search.
Civil rights. A felony conviction strips you of fundamental civil rights, including your right to vote and your constitutional right to own or possess a firearm.
Housing and lending. Many landlords and property management companies reject applicants with a criminal record, particularly a felony record. Personal and business loan applications can also become harder to secure.
Family law and custody. Felony convictions, especially those involving domestic violence, are often used against a parent in child custody and divorce proceedings.
If you are facing misdemeanor or felony charges, do not try to navigate the legal system on your own. Early legal intervention gives you the best chance at a favorable outcome, whether that means a dismissal, a reduced charge, or a resolution that keeps you out of custody.
At Canyon State Law, we meticulously review police reports, challenge evidence collection procedures, and look for constitutional violations in how your case was investigated and charged. Whether we are negotiating with prosecutors to reduce a felony down to a misdemeanor, working to secure a diversion program, or preparing your case for trial, our goal is the same: minimize the impact these charges have on your life.
Our criminal defense team represents clients facing the full range of charges discussed here, from criminal speeding and shoplifting to aggravated assault and felony drug crimes.
Don’t let one mistake define your future. Contact Canyon State Law today to schedule a free, confidential consultation. We serve clients across the Phoenix Valley, including Mesa, Gilbert, Chandler, Glendale, Scottsdale, Peoria, Tempe, Queen Creek, and Surprise.
