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Misdemeanors in Arizona: A Quick Guide

By:
Armando Nava

A misdemeanor arrest can be a terrifying experience, especially if you’ve never been arrested before. Almost every client I speak to wants to know exactly what it means to be charged with a misdemeanor. While some misdemeanors carry their own unique penalties, such as DUI, there are some basics we can easily cover here. There are three levels of misdemeanors – class 1, 2, and 3. Class 1 is the highest level and class 3 is lowest.

Class 1 Misdemeanors

As the highest level of misdemeanor, crimes classified as class 1 misdemeanors come with the highest penalties. Many clients will come to see after arraignment and tell me the Judge told them they were going to get six months in jail. This is a common misunderstanding. In truth, the maximum amount of jail time you can ever receive for a class 1 misdemeanor is six months in jail. This does not mean, however, that you will receive six months – it is just the maximum level of jail time available. The Judge can sentence you to anywhere from no time in jail all the way up to the maximum and anywhere in between. You can also be sentenced to a maximum fine of $2,500.00 plus any surcharges and up to three years of probation. Some class 1 misdemeanors, such as DUI, come with mandatory minimum penalties, but the maximum exposure remains the same.

Class 2 Misdemeanors

As the second highest level of misdemeanor, the penalties are a little lower than a class 1 misdemeanor. The maximum amount of jail time you can receive is four months, but again, you can receive no jail time at all. You can also be ordered to pay a maximum fine of $750.00 and serve two years of probation. Some common class 2 misdemeanors are Reckless Driving and Criminal Damage where the property damaged is less than $250.00.

Class 3 Misdemeanors

The lowest misdemeanor naturally comes with the lowest possible penalties. If you’re facing a class 3 misdemeanor then you’re looking at up to 30 days of jail, a maximum fine of $500.00, and one year of probation. It is rare to get jail time for a class 3 misdemeanor, but still very possible. A common class misdemeanor is Assault pursuant to A.R.S. Section 13-1203A(3). If you knowingly touch another person with the intent to injure, insult or provoke such person, then you can be charged with Assault as a class 3 misdemeanor.

It’s important to remember that you only face these penalties if you are convicted of the misdemeanor charge. If you’re case is dismissed, or you’re found not guilty after trial then you won’t face any penalties whatsoever. The best way to get that result is to hire an attorney experienced in defending misdemeanor crimes. At The Nava Law Firm, we’ve successfully handled thousands of misdemeanors. Contact us today for a free consultation.

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PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Actuation:
Second in time DUI
Arizona desert outside phoenix, Sonoran Desert
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Actuation:
Aggravated Assault with a Deadly Weapon
Case Result:
Reduced to a misdemeanor

Short Description: A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of out client’s case and, eventually, all cases connected to the political prosecution of the protesters. (Maybe link to some of the cases?)

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.