Arizona Criminal Laws

Arizona’s criminal code (ARS Title 13) defines the criminal offenses and punishments for Arizona. Arizona’s penal code covers everything from homicide (ARS 13-1105) to operating a motor vehicle chop shop (ARS 13-4702).

Arizona’s criminal code defines criminal liability as well as the types of offenses. In Arizona, the minimum requirement to commit a crime is performing the voluntary act, or failing to perform a required act one is capable of performing (ARS 13-201).

In 2019, Arizona abolished common law offenses and affirmative defenses (ARS 13-103). In an affirmative defense the defendant claims there are valid reasons they are not liable for their acts. Common law crimes are those not codified into law.

Arizona’s Criminal Justice System

In Arizona, as in most states, classifies criminal cases into felonies and misdemeanors. Each classification has several levels, depending on the nature of the crime and other factors. In general, the lower the class, the more serious the crime, and the more severe the penalties.

Felonies have six classes.

• Class one felonies are only first- and second-degree murder. Punishment for first-degree murder includes life imprisonment (possibility of parole), natural life imprisonment (no possibility of parole), or the death penalty. In 2023, Gov. Katie Hobbs suspended state executions pending a review of the Arizona Department of Corrections’ methods.
• Class two felonies are serious, but not always violent crimes. They include manslaughter and armed robbery; and also burglary and arson. Sexual offenses against children may fall into this category.
• Class three and four felonies are crimes that are serious but can be worse if the offender uses a weapon or has prior felonies. They include sexual assault, vehicle theft, and some drug offenses.
• Class five and six felonies could be misdemeanors under some circumstances. They include sexual conduct with a minor if the victim is over 15, shoplifting, possession of burglary tools, and credit card fraud.
• Misdemeanors have three levels, Class 1, 2, and 3. All misdemeanors are punishable with jail time of less than a year in jail, fines, and other penalties such as community service. Misdemeanors include:
• DUI. Driving under the influence has a mandatory minimum sentence in Arizona. It may have other penalties like mandatory alcohol rehab and an ignition interlock device.
• Theft or vandalism below $1,000
• Assault

Get Legal Advice From an Arizona Criminal Defense Attorney

Arizona’s sentencing guidelines are complex even for attorneys. If you’re facing criminal charges, you need legal advice from an experienced Arizona criminal defense attorney to protect your rights and get a speedy trial.