Property Crime Punishment & Penalties in Arizona
In Arizona, if charged with a criminal offense, you will be charged with either a misdemeanor or a felony. Arizona has three classes of misdemeanors and six classes of felonies. Regardless of which class of misdemeanor or felony you are charged with, a criminal charge is a serious matter that should not be taken lightly:
Class 3 Misdemeanor: a class 3 misdemeanor is the “least” severe classification of a misdemeanor. The maximum penalties for this class of misdemeanors are: 30 days in jail and a $500 fine plus surcharges. If you are convicted of 3rd-degree criminal trespass, this is the class of misdemeanor you will be facing.
Class 2 Misdemeanor: class 2 misdemeanors are a step up from class 3 misdemeanors in severity. Class two misdemeanors are punishable by up to 4 months in jail, a $750 fine plus surcharges, and 2 years of probation. If you are charged with 2nd-degree criminal trespass or criminal damage, in certain circumstances, this is the type of misdemeanor you are facing.
Class 1 Misdemeanor: class 1 misdemeanors are the most severe classification of misdemeanors and carry hefty penalties. This class of misdemeanor is punishable of up to 6 months in jail, a $2,500 fine plus surcharges, and 3 years probation. If you are charged with reckless burning, 1st-degree criminal trespass under certain circumstances, criminal damage under certain circumstances, or Arson of a Structure or Property under certain circumstances, this is the type of misdemeanor you are facing. Our Phoenix Arson Defense Attorneys have the know how to help clients in these special types of cases and work to protect their rights.
Class 6 Felony: class 6 felonies are the least severe type of felony. However, this does not diminish in any way the seriousness of the charge or lifetime consequences of having a felony conviction. A class 6 felony is punishable by up to 2 years in the department of corrections (DOC), 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, or criminal damage under certain circumstances, this is the class of felony you are facing.
Class 5 Felony: class 5 felonies carry very serious consequences. Class 5 penalties are punishable for up to 2.5 years in DOC, 3 years probation, and a $150,000 fine. If you are charged with 1st-degree criminal trespass under certain circumstances, Arson of a Structure under certain circumstances, or Criminal Damage under certain circumstances, this is the class of felony you are facing.
Class 4 Felony: class 4 felonies carry even more severe penalties than that of class 6 and class 5 felonies. A class 4 felony is punishable by up to 3.75 years (45 months) DOC, 4 years probation, and a $150,000 fine. If you are charged with criminal damage under certain circumstances, or Arson of a Structure under certain circumstances, this is the class of felony you are facing.
Class 3 Felony: class 3 felonies have even more severe penalties. This class of felony is punishable by up to 8.75 years (105 months) DOC, 5 years probation, and a $150,000 fine. If you are charged with 2nd Degree Trafficking Stolen Property this is the type of felony you are facing.
Class 2 Felony: class 2 felonies are the most serious class of felonies for non-homicide offenses. Class 2 felonies are punishable by up 12.5 years DOC, 7 years probation, and a $150,000 fine. If you are charged with 1st Degree Trafficking Stolen Property or Arson of an Occupied Structure, this is the class of felony you are facing.
The above penalties may not be the only penalties you will are facing for the specific charge. The Judge may also impose restitution, community service, or a no-contact order amongst many other sentence additions. The penalties may be enhanced if you have a prior felony conviction.
The offense may have its penalties enhanced furthered if the State can prove the offense should be classified as a “dangerous offense”. An offense is classified as dangerous if the offense involved the discharge, use or threatening display of a deadly weapon or the intentional knowing infliction of serious physical injury on another. With the above property crimes, it is common to see criminal damage and arson both classified as dangerous offenses.