What Is a Class 2 Felony?

In Arizona, the only crimes categorized as class 1 felonies are the two considered by many to be the most serious: first degree murder and second degree murder. Most other violent crimes, those in which a deadly weapon is used or exhibited to intimidate while committing a crime or crimes with intentional or knowing infliction of serious injury, are charged as dangerous class 2 felonies. Non-dangerous class 2 felonies carry harsh sentences typically ranging from four to ten years, along with large fines that can be financially devastating.

Crimes that qualify as a dangerous offense are listed in ARS 13-105, with sentencing guidelines listed in ARS 13-704. Although prison terms can vary depending on the severity of the offense and the defendant’s priors, the average non-dangerous offense for first-time offenders carries a sentence of between three and 12.5 years while a dangerous crime for those with no prior felony convictions can range between 7 and 21 years.

Types of Class 2 Felonies

• Manslaughter: Unintentionally killing another individual due to recklessness, which is treated more severely in court than negligence. Common examples include auto accidents caused by reckless driving or killing or injuring an unborn by hurting the mother in the heat of passion.

• Sexual Assault: Rape, or the act of leveraging threats or force to engage in non-consensual sexual intercourse with another individual.

• Sex Trafficking: Intentionally and knowingly forcing another individual to engage in prostitution. Eligibility for parole may be limited or non-existent depending on the circumstances; if the victim is a minor, those charged will face a minimum sentence of 13 years.

• Kidnapping: Kidnapping – the act of abducting someone and holding them captive – is a class 4 felony if the defendant voluntarily releases the victim into a safe location, unharmed, prior to arrest. However, if violence is leveraged or used or if the perpetrator is unwilling to cooperate before arrest, kidnapping is charged as a class 2 felony.

• Armed Robbery: Committing robbery with the threat or use of a dangerous weapon or a firearm. Even without a weapon, theft can still be classified as a class 2 felony if the stolen property is valued above $25,000.

• Drive By Shooting: Intentionally firing a gun from a motor vehicle at a pedestrian, another driver or a building. If convicted, your vehicle will be seized and your license will be invalidated for at least one year.

• Firing a Firearm in a Residential Property: Discharging a gun in a home with criminal negligence.

• Money Laundering: Participating or supervising the intentional concealment of the true nature of wealth accumulation by avoiding reports or knowingly reporting false information.

• Terrorism: Engaging in, assisting or soliciting an act of terrorism is also a class 2 felony. Information regarding actions and motivations that constitute terrorism can be found in ARS 13-2301.

• Attempt of a Class 1 Felony: Attempting to commit first or second degree murder unsuccessfully.

• Dangerous Drug Offenses: Possessing, acquiring, using, selling, manufacturing or transporting narcotic drugs, like heroin and methamphetamines, which are classified as dangerous substances. If a minor is involved in any of these criminal offenses, your eligibility for probation may be forfeited.

You can view the entire list of class 2 felonies according to Arizona law here.

Penalties for a Class 2 Felony

Sentencing for class 2 felonies can vary significantly depending on the offense and the number of previous convictions a defendant may have. You can find some of the relevant sentencing guidelines in the following statutes:

• ARS 13-702: First Time Felony Offenders
• ARS 13-703: Repetitive Offenders
• ARS 13-704: Dangerous Offenses

For example, some convictions might carry a minimum sentence of four years for a category one repetitive offender or 14 years for a category three repetitive offender. Harsher terms might be imposed if two or more aggravating circumstances are present beyond a reasonable doubt. Conversely, mitigating factors can potentially result in sentencing leniency for the same offense.

In some circumstances, the maximum term of imprisonment for first time felony offenders can be increased if enough aggravating factors are established during the trial.

There are also other potential penalties, such as the fines associated with specific charges and the general forfeiture of certain civil rights once convicted, including the right to vote and the right to privacy.

The quality of your criminal defense representation can potentially play an influential role in establishing mitigating factors or challenging aggravating factors. Effective advocacy might be the difference between pleading down to lesser charges, getting the minimum or receiving a maximum sentence.

If you are facing class 2 felony prosecution, it may be in your best interest to consult with a Board-Certified Specialist in Criminal Defense in Phoenix.

Can I Have My Class 2 Felony Conviction Set Aside?

Arizona doesn’t allow convictions to be expunged, but the state will set particular charges aside after a certain set of time has passed. Setting aside a felony is a process that effectively dismisses the charge so defendants can reclaim their civil rights.

Although some convictions can be set aside, they can’t be erased. It will remain on your record permanently and may impact your ability to qualify for certain jobs and housing. Moreover, those charged with a class 2 felony will have to wait for a set period of time depending on the offense and the completion of probation or parole.

Hire an Experienced Board-Certified Criminal Defense Attorney in Phoenix, AZ

Facing a class 2 felony charge can be overwhelming if you don’t have an experienced criminal defense attorney on your side. Arizona Board-Certified Criminal Defense Attorney Michael Alarid III has a record of successful outcomes defending against class 2 felony charges and is ready to fight for you.

The Law Office of Michael Alarid III will thoroughly investigate the accusation against you, compile decisive evidence on your behalf, identify opportunities to challenge law enforcement’s investigation or the prosecution’s case, and build a persuasive defense that may increase your chances of securing an ideal outcome for your case.

Call (602) 818-3110 today to schedule a free consultation and review your charges with a skilled Phoenix criminal defense professional.