Arizona Criminal Defense: Your Rights, The Courts, and The Process

Facing criminal charges in Arizona can be overwhelming. The state has a reputation for strict sentencing, mandatory minimums, and aggressive prosecution. Understanding how Arizona’s criminal justice system works—your rights, the court structure, the process from arrest to resolution—is the first step toward mounting an effective defense.

This guide provides a comprehensive overview of Arizona criminal law, the court system, constitutional protections, and what defendants can expect at each stage of a criminal case.

Arizona’s Criminal Justice System Overview

Arizona’s criminal laws are codified primarily in Title 13 of the Arizona Revised Statutes (ARS). The state prosecutes crimes through county attorneys (for state offenses) and city prosecutors (for municipal ordinance violations and some misdemeanors).

State vs. Federal Jurisdiction

Most criminal cases in Arizona are prosecuted under state law in state courts. However, certain offenses fall under federal jurisdiction and are prosecuted in U.S. District Court:

Federal jurisdiction typically applies when:

• The offense occurred on federal property (national parks, military bases, federal buildings)
• The offense crossed state lines
• The offense involves federal agencies (IRS, FBI, DEA, ATF)
• The offense violates specific federal statutes (immigration, certain drug trafficking, bank robbery, etc.)

State jurisdiction applies to:

• Most crimes occurring within Arizona
• Violations of Arizona Revised Statutes
• Municipal ordinance violations

A single act can sometimes violate both state and federal law, potentially resulting in prosecution in both systems (dual sovereignty doctrine).

Arizona Court Structure

Understanding which court handles your case is essential. Arizona has a hierarchical court system:

Municipal Courts (City Courts)

Jurisdiction:

• Violations of city ordinances
• Misdemeanor offenses occurring within city limits
• Civil traffic violations within city limits

Key characteristics:

• Judges are typically appointed or elected at the city level
• No jury trials for civil traffic offenses
• Jury trials available for criminal misdemeanors
• Sentences limited to misdemeanor ranges

Examples: Phoenix Municipal Court, Scottsdale City Court, Mesa Municipal Court

Justice Courts

Jurisdiction:

• Misdemeanor offenses
• Civil traffic violations
• Preliminary hearings for felony cases (before transfer to Superior Court)
• Small claims and civil matters under $10,000

Key characteristics:

• Each county is divided into justice court precincts
• Justices of the Peace preside
• Handle cases outside incorporated city limits
• Conduct preliminary hearings to determine if felony cases should proceed to Superior Court

Examples: Maricopa County has numerous Justice Court precincts covering different geographic areas

Superior Court

Jurisdiction:

• All felony cases
• Appeals from Municipal and Justice Courts
• Civil cases over $10,000
• Family law, probate, juvenile matters

Key characteristics:

• One Superior Court per county (Maricopa County Superior Court is Arizona’s largest)
• Judges are appointed through merit selection in most counties
• Jury trials for felonies
• Handles all phases of felony prosecution from arraignment through sentencing

Location: Maricopa County Superior Court is located at 201 W. Jefferson Street, Phoenix

Arizona Court of Appeals

Jurisdiction:

• Appeals from Superior Court decisions
• Reviews trial court proceedings for legal errors

Key characteristics:

• Two divisions: Division One (Phoenix) and Division Two (Tucson)
• Three-judge panels decide appeals
• Reviews legal questions, not factual determinations

Arizona Supreme Court

Jurisdiction:

• Discretionary review of Court of Appeals decisions
• Mandatory jurisdiction over death penalty cases
• Original jurisdiction over certain matters (attorney discipline, judicial conduct)

Key characteristics:

• Highest court in Arizona
• Seven justices
• Final authority on Arizona law interpretation

Misdemeanor vs. Felony Classifications

Arizona classifies criminal offenses into misdemeanors and felonies, each with multiple classes determining the severity of potential punishment.

Misdemeanor Classifications

Class	Maximum Jail	Maximum Fine	Examples
Class 1	6 months	$3,500	DUI, assault, shoplifting under $1,000, disorderly conduct
Class 2	4 months	$750	Criminal trespass (2nd degree), criminal damage under $250
Class 3	30 days	$500	Assault (minor injury), criminal trespass (3rd degree)

Misdemeanor convictions can also result in probation (up to 3 years for Class 1, 2 years for Class 2, 1 year for Class 3).

Felony Classifications

Arizona felonies range from Class 1 (most serious) to Class 6 (least serious). Sentencing depends on the classification, the defendant’s prior record, and whether the offense is designated “dangerous.”

Class	Presumptive (First Offense)	Mitigated	Aggravated
Class 6	1 year	4 months	2 years
Class 5	1.5 years	6 months	2.5 years
Class 4	2.5 years	1.5 years	3.75 years
Class 3	3.5 years	2.5 years	8.75 years
Class 2	5 years	4 years	12.5 years
Class 1	Life or death	—	—

Note: Sentences increase significantly with prior felony convictions.

Dangerous Offenses

Under ARS § 13-704, an offense is “dangerous” if it involves the use, threatened use, or discharge of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury.

Dangerous offense consequences:

• Mandatory prison (no probation eligibility)
• Enhanced sentencing ranges
• 100% of sentence must be served (no early release credits)

Repetitive Offenders

Arizona imposes enhanced sentences for defendants with prior felony convictions:

• One prior felony: Increased sentencing range
• Two or more prior felonies: Significantly increased range, often mandatory prison
• Historical prior felonies: Certain serious prior convictions (violent offenses, dangerous crimes against children) trigger even greater enhancements

Your Constitutional Rights in Arizona Criminal Cases

The United States Constitution and Arizona Constitution provide fundamental protections for anyone accused of a crime. Understanding these rights is essential.

Fourth Amendment: Protection Against Unreasonable Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures by government actors. Key principles:

Warrant requirement: Generally, police need a warrant based on probable cause to search your person, home, or belongings.

Exceptions to warrant requirement:

• Consent (you agree to the search)
• Search incident to lawful arrest
• Plain view (evidence in open sight)
• Exigent circumstances (emergency situations)
• Automobile exception (vehicles have reduced privacy expectation)
• Terry stop (brief detention based on reasonable suspicion)

Exclusionary rule: Evidence obtained through unconstitutional searches is generally inadmissible at trial (“fruit of the poisonous tree”).

Fifth Amendment: Protection Against Self-Incrimination

The Fifth Amendment provides several protections:

Right to remain silent: You cannot be compelled to testify against yourself. This right must be invoked clearly (e.g., “I invoke my right to remain silent”).

Miranda warnings: Before custodial interrogation, police must advise you of:

• Your right to remain silent
• That anything you say can be used against you
• Your right to an attorney
• That an attorney will be provided if you cannot afford one

When Miranda applies: You must be (1) in custody and (2) subject to interrogation. Voluntary statements made before arrest may be admissible even without Miranda warnings.

Double jeopardy: You cannot be tried twice for the same offense in the same jurisdiction.

Due process: The government must follow fair procedures and cannot deprive you of life, liberty, or property without due process of law.

Sixth Amendment: Rights of the Accused

Right to counsel: You have the right to an attorney at all critical stages of prosecution. If you cannot afford an attorney, the court must appoint one.

When the right attaches: The Sixth Amendment right to counsel attaches when formal charges are filed (indictment, information, or initial appearance).

Right to speedy trial: Arizona Rule of Criminal Procedure 8 establishes time limits:

• Misdemeanor: Trial within 60 days (in custody) or 90 days (out of custody)
• Felony: Trial within 150 days (in custody) or 180 days (out of custody)

Right to public trial: Trials are presumptively open to the public.

Right to jury trial: For offenses punishable by more than 6 months imprisonment, you have the right to a jury trial.

Right to confront witnesses: You have the right to cross-examine witnesses against you (Confrontation Clause).

Right to compulsory process: You can subpoena witnesses to testify on your behalf.

Arizona Constitutional Protections

The Arizona Constitution (Article 2) provides additional protections that sometimes exceed federal protections:

• Article 2, Section 8: Right against self-incrimination
• Article 2, Section 10: Right to counsel
• Article 2, Section 24: Rights of the accused (speedy trial, confrontation, etc.)
• Article 2, Section 22: Protection against unreasonable bail

The Arizona Criminal Process

Arrest or Citation

A criminal case begins when you are either:

Arrested: Taken into physical custody by law enforcement. Arrest requires probable cause to believe you committed a crime.

Cited: Given a citation (ticket) requiring you to appear in court. Common for misdemeanors where immediate arrest is not required.

After arrest, you will be:

• Transported to jail for booking
• Fingerprinted and photographed
• Held for initial appearance (typically within 24 hours)

Initial Appearance and Bail

The initial appearance (or arraignment for misdemeanors) occurs shortly after arrest. At this hearing:

The court will:

• Advise you of the charges
• Advise you of your rights
• Determine whether to appoint counsel
• Set conditions of release (bail)

Release conditions under ARS § 13-3967 may include:

• Release on own recognizance (OR)
• Secured bond (cash or surety)
• Conditions such as no contact with victims, GPS monitoring, travel restrictions
• In some cases, no bond (defendant held in custody)

Arizona’s constitution provides that bail shall not be excessive and that most defendants are entitled to bail. However, bail may be denied for certain offenses (capital crimes, serious felonies with substantial evidence of guilt) or when the defendant poses a danger to the community.

Preliminary Hearing (Felonies)

For felony cases, the prosecution must establish probable cause through either:

Preliminary hearing: A hearing before a judge where the prosecution presents evidence. The judge determines whether there is probable cause to believe a crime was committed and that the defendant committed it. The standard is lower than trial (probable cause, not beyond a reasonable doubt).

Grand jury indictment: A group of citizens reviews evidence presented by the prosecutor and decides whether to issue an indictment. Grand jury proceedings are secret, and the defendant has no right to present evidence or cross-examine witnesses.

If probable cause is found, the case proceeds to Superior Court for arraignment.

Arraignment in Superior Court

At the Superior Court arraignment:

• Formal charges are read
• Defendant enters a plea (typically “not guilty” at this stage)
• Trial dates and pretrial conference dates are set
• Release conditions may be reviewed

Pretrial Proceedings

Before trial, several important proceedings occur:

Discovery: The prosecution must disclose evidence to the defense, including police reports, witness statements, physical evidence, and exculpatory evidence (Brady material). Defense must also disclose certain evidence.

Pretrial motions: Defense may file motions including:

• Motion to suppress evidence (challenge unconstitutional searches/seizures)
• Motion to dismiss (insufficient evidence, procedural defects)
• Motion to compel discovery
• Motions in limine (exclude certain evidence at trial)

Pretrial conferences: Meetings between prosecution, defense, and sometimes the judge to discuss case status, plea negotiations, and trial preparation.

Plea negotiations: Most criminal cases resolve through plea agreements rather than trial. Negotiations may result in reduced charges, agreed-upon sentences, or dismissal of some counts.

Trial

If no plea agreement is reached, the case proceeds to trial:

Jury selection (voir dire): Attorneys question potential jurors to select an impartial jury. Each side can remove jurors “for cause” (bias) or through limited peremptory challenges.

Opening statements: Each side outlines what they expect the evidence to show.

Prosecution’s case: The prosecution presents evidence and witnesses first. The burden of proof is on the prosecution to prove guilt beyond a reasonable doubt.

Defense cross-examination: Defense attorney questions prosecution witnesses.

Defense case: Defense may present evidence and witnesses (but is not required to). The defendant has the right not to testify.

Closing arguments: Each side summarizes the evidence and argues their interpretation.

Jury instructions: Judge instructs the jury on the applicable law.

Deliberation and verdict: Jury deliberates in private. Verdict must be unanimous for conviction.

Sentencing

If convicted (by plea or trial), sentencing follows. Arizona uses a structured sentencing system:

Presentence report: Probation department prepares a report with background information and sentencing recommendations.

Sentencing hearing: Victim impact statements, defense mitigation, and arguments from both sides.

Sentencing options:

• Prison (for felonies)
• Jail (for misdemeanors)
• Probation (supervised release with conditions)
• Fines and fees
• Restitution to victims
• Community service
• Treatment programs

Truth in sentencing: Arizona requires defendants to serve at least 85% of their sentence before release eligibility (100% for dangerous offenses).

Appeals

After conviction, defendants may appeal to challenge legal errors:

Direct appeal: Challenges to the conviction or sentence based on errors at trial.

Post-conviction relief (Rule 32/33): Challenges based on issues outside the trial record (ineffective assistance of counsel, newly discovered evidence, constitutional violations).

Timeframes: Notice of appeal must be filed within 20 days of sentencing (felony) or within specific deadlines for misdemeanors.

Common Criminal Charges in Arizona

Arizona prosecutes a wide range of criminal offenses. The following are among the most common, with links to detailed guides:

DUI and Impaired Driving

Driving under the influence of alcohol or drugs. Arizona is known for strict DUI enforcement with mandatory jail time even for first offenses. → See: Arizona DUI Laws

Domestic Violence

A designation applied to qualifying offenses when committed against family or household members. Carries significant collateral consequences. → See: Arizona Domestic Violence Laws

Assault and Aggravated Assault

From misdemeanor assault (causing injury or placing someone in fear) to felony aggravated assault (serious injury, deadly weapon, protected victim). → See: Arizona Assault Laws

Theft and Property Crimes

Includes shoplifting, theft by value, burglary, robbery, and fraud offenses. Classification depends on value and circumstances. → See: Arizona Theft Laws

Drug Offenses

Possession, sale, manufacturing, and trafficking of controlled substances. Arizona’s Proposition 200 provides treatment alternatives for certain first-time possession offenders. → See: Arizona Drug Crimes

Disorderly Conduct

A broad offense covering fighting, unreasonable noise, abusive language, and other disruptive conduct. Commonly charged alongside other offenses.

Criminal Damage

Intentionally damaging property of another. Classification depends on damage amount.

Weapons Offenses

Prohibited possession, misconduct involving weapons, and unlawful discharge offenses.

Sentencing in Arizona

Arizona’s sentencing structure is complex, with ranges determined by offense classification, prior record, and aggravating or mitigating factors.

Presumptive Sentencing

For most felonies, Arizona uses presumptive sentencing. The court starts with a presumptive term and can deviate to mitigated or aggravated ranges based on factors.

Mitigating factors (ARS § 13-701(E)) may reduce the sentence:

• Age of defendant
• Impaired capacity (not a defense)
• Duress
• Minor participation in offense
• Good character or background
• Other factors relevant to the defendant or offense

Aggravating factors (ARS § 13-701(D)) may increase the sentence:

• Prior criminal record
• Presence of accomplices
• Monetary gain motive
• Victim was particularly vulnerable
• Defendant was in a position of trust
• Offense caused physical, emotional, or financial harm

Probation vs. Prison

For many offenses, the court has discretion to impose probation instead of prison:

Probation eligible:

• Most first-time felony offenders
• Non-dangerous offenses
• Offenses where the statute does not mandate prison

Probation ineligible (mandatory prison):

• Dangerous offenses
• Many repetitive offenses
• Certain enumerated offenses (dangerous crimes against children, sexual offenses, etc.)

Probation conditions typically include:

• Regular reporting to probation officer
• Drug/alcohol testing
• Employment requirements
• No new offenses
• Restitution payments
• Treatment programs

Probation violations can result in revocation and imposition of the original prison sentence.

Good Time Credits

Arizona allows “earned release credits” for inmates who follow rules and participate in programs:

• Non-dangerous offenses: Up to 15% reduction
• Dangerous offenses: No early release (100% must be served)

Collateral Consequences of Criminal Conviction

Beyond the direct sentence, criminal convictions carry lasting consequences:

Loss of Civil Rights

Felony convictions result in loss of:

• Voting rights (automatically restored upon completion of sentence for first felony; petition required for second or subsequent felony)
• Firearm rights (lost upon felony conviction; restoration requires petition)
• Jury service eligibility
• Holding public office

Employment Impact

• Background checks may disqualify applicants
• Professional licenses may be revoked or denied
• Certain careers are closed (law enforcement, military, etc.)
• “Ban the box” laws limit when employers can ask about convictions, but do not prohibit consideration entirely

Immigration Consequences

For non-citizens, criminal convictions can result in:

• Deportation
• Denial of naturalization
• Visa revocation
• Inadmissibility to the United States

Crimes involving moral turpitude, aggravated felonies, drug offenses, and domestic violence carry particularly severe immigration consequences.

Housing Consequences

• Public housing applications may be denied
• Private landlords commonly screen for criminal history

Educational Consequences

• Financial aid eligibility may be affected (drug offenses)
• Certain programs may exclude applicants with criminal records

Post-Conviction Relief Options

Arizona provides several avenues for addressing convictions after the fact:

Set Aside (ARS § 13-905)

After completing your sentence, you may petition to have your conviction “set aside.” If granted:

• The court dismisses the charges and releases you from all penalties
• Your record shows the conviction was set aside
• Some rights may be restored
• The conviction is NOT erased and may still appear on background checks

Not available for:

• Dangerous offenses
• Offenses requiring sex offender registration
• Offenses involving victims under 15
• Certain other enumerated offenses

Record Sealing (ARS § 13-911)

Arizona’s record sealing law (effective 2023) allows certain convictions to be sealed from public view:

Eligible offenses: Most misdemeanors and many felonies after waiting periods Waiting periods: Range from 0 to 10 years depending on offense Effect: Records are sealed from public access; employers generally cannot access

Not eligible:

• Dangerous offenses
• Serious violent crimes
• Sexual offenses
• Crimes against children

Marijuana Expungement (ARS § 36-2862)

Under Proposition 207, prior marijuana offenses that are now legal may be expunged. This is the only true “expungement” available in Arizona.

→ See: Phoenix Marijuana Expungement Lawyer

Restoration of Civil Rights (ARS § 13-905, 13-906)

After completing your sentence, you may petition for restoration of:

• Voting rights
• Right to hold public office
• Right to serve on jury
• Firearm rights (separate petition under ARS § 13-910)

Frequently Asked Questions

What should I do if I’m arrested in Arizona?

Remain calm and exercise your rights. Clearly state: “I am invoking my right to remain silent” and “I want to speak with an attorney.” Do not answer questions or make statements until you have consulted with a lawyer. Do not resist arrest, even if you believe the arrest is unlawful—challenges to the arrest should be made in court.

Can I be charged with a crime if the victim doesn’t want to press charges?

Yes. In Arizona, criminal charges are brought by the state (through prosecutors), not by victims. The prosecutor decides whether to file charges based on the evidence. While victim cooperation affects cases, prosecution can proceed without it—particularly in domestic violence cases.

What is the difference between a public defender and a private attorney?

Public defenders are attorneys appointed by the court for defendants who cannot afford private counsel. They are licensed attorneys with criminal defense experience. Private attorneys are hired directly by defendants. The main differences are caseload (public defenders often handle many cases simultaneously) and choice (you can select a private attorney; public defenders are assigned).

How long will my case take?

Timelines vary significantly. Misdemeanors may resolve in weeks to months. Felonies typically take several months to over a year, depending on complexity, court schedules, and whether the case goes to trial. Arizona has speedy trial rules, but defendants often waive these rights to allow more time for defense preparation.

Will I go to jail if convicted?

It depends on the offense and your criminal history. Misdemeanors may result in jail time, probation, or fines. Felonies may result in prison, but many first-time offenders receive probation for non-dangerous offenses. Certain offenses carry mandatory incarceration regardless of circumstances.

Can a felony be reduced to a misdemeanor?

In some cases, yes. Class 6 felonies (the lowest felony classification) are “undesignated” and may be treated as misdemeanors at sentencing or after successful probation. Additionally, plea negotiations may result in reduced charges.

What is the difference between jail and prison?

Jail: Operated by counties for defendants awaiting trial and those serving misdemeanor sentences (typically under one year). In Maricopa County, jails are operated by the Sheriff’s Office.

Prison: Operated by the Arizona Department of Corrections for defendants sentenced to felony terms of one year or more.

Do I need an attorney for a misdemeanor?

While you have the right to represent yourself, an attorney is strongly recommended for any criminal charge. Misdemeanor convictions create permanent criminal records that can affect employment, housing, immigration status, and future sentencing. An attorney can negotiate better outcomes, identify defenses, and navigate court procedures.

Arizona Criminal Defense Representation

Criminal charges in Arizona carry serious consequences—from incarceration and fines to lasting impacts on employment, housing, family, and civil rights. Understanding the charges against you, the court process, and your constitutional protections is essential to making informed decisions about your defense.

For a consultation regarding criminal charges anywhere in Arizona, contact Attorney Josh.

Call (480) 386-1824 or complete the contact form to discuss your case.