Felony FAQs

In Arizona, a felony is a more serious criminal offense than a misdemeanor. Felonies are classified into six classes, with Class 1 being the most severe. Crimes such as murder, armed robbery, aggravated assault, and drug trafficking typically fall under felony charges. Unlike misdemeanors, felonies often carry prison sentences longer than one year and can have lifelong consequences.

The Law Office of James Novak represents individuals accused of felonies throughout Phoenix and Maricopa County. Whether you are facing charges for a violent crime, a property crime, or a drug-related offense, understanding what you are up against is key to building your defense.

What Are the Different Classes of Felonies in Arizona?

Felonies in Arizona are classified from Class 1 to Class 6:

• Class 1 Felonies: The most serious offenses, including first-degree and second-degree murder. These carry the possibility of life imprisonment or the death penalty.
• Class 2 Felonies: Crimes like sexual assault, armed robbery, and some drug trafficking charges.
• Class 3 Felonies: Aggravated assault and certain theft offenses.
• Class 4 Felonies: Forgery, some types of fraud, and aggravated DUI.
• Class 5 Felonies: Often include repeat offenses or lower-level drug possession.
• Class 6 Felonies: The least severe felony classification, sometimes eligible for misdemeanor treatment depending on the circumstances.

Your Phoenix felony defense attorney can help you determine the classification and sentencing range for your charge.

What Are the Potential Penalties for a Felony Conviction?

The consequences of a felony conviction can include:

• Significant prison time (ranging from 6 months to life depending on the class and aggravating factors)
• Fines and restitution
• Probation or supervised release
• Loss of voting and firearm rights
• A permanent criminal record

Arizona uses sentencing ranges that consider mitigating and aggravating factors. Prior convictions, the use of a weapon, and the presence of victims can all increase your sentence.

Can a Felony Be Reduced to a Misdemeanor?

In some situations, a Class 6 felony may be designated as a misdemeanor. This typically depends on the type of crime, your criminal history, and the terms of any plea deal. Judges have discretion to consider the facts of the case and recommendations from your attorney and the prosecution.

If you successfully complete probation, your Phoenix felony defense lawyer can petition the court to redesignate the offense as a misdemeanor. This can have a major impact on your ability to find employment and housing.

What Are Common Defenses to Felony Charges?

Defenses vary depending on the nature of the alleged offense, but some of the most common include:

• Lack of intent: You did not mean to commit the crime.
• Mistaken identity: You were misidentified by a witness or victim.
• Constitutional violations: Your rights were violated during a search, arrest, or interrogation.
• Self-defense: Your actions were justified under Arizona law.

Your defense attorney can challenge the prosecution’s case by questioning the evidence, calling expert witnesses, and filing motions to suppress unlawfully obtained evidence.

How Can a Felony Conviction Affect My Future?

A felony conviction can limit job opportunities, access to housing, and professional licensing. If you are not a U.S. citizen, it can also affect immigration status, including the possibility of removal or denial of naturalization.

In some cases, you may be able to restore your civil rights or set aside your conviction after completing your sentence. However, certain crimes may permanently bar you from possessing firearms or holding public office.

What Should I Do If I Am Charged with a Felony?

If you are facing a felony charge, you need legal representation as soon as possible. Do not speak to police or prosecutors without a lawyer. Early legal intervention can help protect your rights and potentially limit the consequences of your case.

Keep records of any communication with law enforcement, avoid posting about the case on social media, and follow all court orders.

Get Trusted Legal Guidance from a Phoenix Felony Defense Attorney

The Law Office of James Novak is committed to providing aggressive, informed, and strategic defense for those facing felony charges in Phoenix and surrounding areas. Attorney Novak is a former prosecutor who understands the system from both sides and is prepared to fight for the best possible outcome in your case.

Call (480) 413-1499 today to schedule a confidential consultation and discuss your next steps.