Understanding Class 6 Felonies in Arizona

In Arizona, felonies are classified into various categories based on their severity. A class 6 felony is the least severe of these categories, but can still result in severe punishments. It’s important not to underestimate the effect and consequences of these charges.

At The Litwak Law Group, we recognize the gravity of criminal charges and are committed to providing effective legal representation to individuals facing class 6 felonies. If you or someone you know is confronted with a class 6 degree felony charge, it is crucial to understand the implications and seek skilled legal guidance.

What is a Class 6 Felony in Arizona?

A class 6 felony in Arizona is a category of felony offenses that fall on the lower end of the severity scale. These offenses carry serious consequences but are less severe compared to higher-classed felonies. Class 6 felonies encompass a range of offenses, including:

Criminal Impersonation:

Criminal impersonation involves knowingly portraying oneself as someone else with the intent to deceive or gain a benefit unlawfully. It can include falsely representing oneself as a public servant, a law enforcement officer, or another individual.

Theft:

Theft occurs when someone knowingly takes someone else’s property without their consent and with the intent to permanently deprive them of it. In the case of a class 6 felony theft charge, the value of the stolen items falls between $2,000 and $3,000.

Aggravated Assault after Breaking and Entering:

Aggravated assault after breaking and entering involves unlawfully entering another person’s property with the intent to commit assault and causing serious physical injury to another person. This offense is considered more serious due to the element of unlawfully entering someone’s property.

Some Types of Aggravated DUI:

Aggravated DUI refers to driving under the influence of alcohol or drugs while having additional factors that enhance the severity of the offense. Examples of factors that can elevate a DUI charge to a class 6 felony include multiple DUI convictions within a specified time period or driving under the influence while having a suspended or revoked driver’s license.

Unlawful Discharge of Firearms:

The unlawful discharge of firearms involves the intentional and unauthorized firing of a firearm in a manner that poses a risk to others or property. This offense encompasses situations where firearms are discharged in public places or in a way that endangers others.

Some Types of Aggravated Domestic Violence:

Aggravated domestic violence charges typically involve acts of violence or abuse against a current or former intimate partner, household member, or family member. Factors that can escalate domestic violence charges to a class 6 felony include prior domestic violence convictions or instances involving serious physical injury.

Unlawful Imprisonment:

Unlawful imprisonment occurs when someone intentionally restrains or confines another person without their consent and without lawful authority. It involves intentionally restricting another person’s freedom of movement.

Sexual Conduct with a Minor over the Age of 15:

Sexual conduct with a minor over the age of 15 refers to engaging in sexual activity with a person who is 15 years of age or older but under the age of consent. This offense involves sexual contact or intercourse with a minor, even if the minor is above the age of consent.

Penalties for Class 6 Felonies

The penalties for class 6 felonies in Arizona vary depending on the specific offense and the defendant’s criminal history. Generally, the potential consequences for a class 6 felony conviction may include:

• Incarceration: Class 6 felonies can result in imprisonment. The length of the sentence typically depends on the offense and other factors. Sentences can range from a minimum of four months to 5.75 years.
• Fines: Convictions for class 6 felonies can lead to substantial fines. The amount varies based on the offense, and the court may also consider factors such as the defendant’s financial situation when determining the fine.
• Probation: In some cases, individuals convicted of class 6 felonies may be eligible for probation. While on probation, the defendant must comply with certain conditions set by the court, such as regular check-ins, community service, or counseling.

These consequences can escalate under the following circumstances:

• The offense was categorized as dangerous,
• The conviction was for a dangerous crime involving a child,
• The conviction resulted from a pattern of repeated offenses,
• Aggravating factors were present in the case, or
• The defendant has a prior criminal record.

Conversely, the penalties can be reduced if mitigating factors are present.

Can a Class 6 Felony Be Reduced to a Misdemeanor?

In certain circumstances, it may be possible to seek a reduction of a class 6 felony to a misdemeanor. There are two types of offenses: designated and undesignated. In some cases, a prosecutor may offer an undesignated class 6 felony charge, also known as an “open” felony. This means that upon fulfilling probation or serving jail time, the offense can be treated as a misdemeanor. However, since July 1, 2022, an undesignated class 6 felony will be considered a misdemeanor unless specific conditions apply. These conditions include:

• Placing the defendant on felony probation.
• DNA collection as mandated by 13-610.
• Determining the defendant’s right to possess a firearm according to chapter 31 of title 13.
• Considering the offense as a historical prior felony conviction.
• Using the offense for impeachment purposes in a subsequent trial.
• Utilizing the offense to enhance the sentence under chapter 7 of title 13.

It’s important to note that these provisions do not apply to individuals with a prior class 6 felony conviction or those who have been previously convicted of two or more felonies.

Need Strong Legal Defense Against a Class 6 Felony Charge?

At The Litwak Law Group, we understand the stress and uncertainty that comes with facing a class 6 felony charge. We believe that everyone deserves the opportunity for a second chance and a fair defense. Our experienced criminal defense attorneys will tirelessly advocate for your rights, thoroughly investigate your case, and develop a strategic defense strategy to achieve the best possible outcome for you.

If you or someone you know is confronting a class 6 felony charge, get in touch with The Litwak Law Group today to schedule a confidential consultation. Let us provide you with the experienced legal representation and compassionate support you need during this challenging time.