What Is a Class 3 Felony in Arizona?

A class 3 felony is the third most serious felony you can be charged with in Arizona, with class 1 being the most severe and class 6 being the least. Penalties for class 3 felony convictions can range from a handful of years in prison, restitution payments or probation to decades behind bars and six-figure fines.

Common Types of Class 3 Felonies

• Second-Degree Burglary: When a person unlawfully enters or remains in a residential structure with the intent to steal property valued at $4,000 or more but less than $25,000 (which would be a class 2 felony).

• Aggravated Robbery: If there were multiple accomplices involved in the robbery (ARS 13-1902), it is considered aggravated robbery.

• Credit Card Transaction Record Theft: If a customer intentionally demands payment for a sale not made or if a merchant attempts to defraud a customer with a fictional sale over $3,000 but less than $25,000. Over $25,000 is a class 2 felony.

• Marijuana Production, Use, Possession and Transportation Crimes: Possessing more than two pounds but less than four pounds for sale, producing more than four pounds or transporting for sale less than two pounds of marijuana is a class 3 felony. Possessing for use, possessing for sale, producing and transporting for sale varying weights of marijuana can result in more or less serious felony charges ranging from class 6 felonies to class 2 felonies.

• Certain Types of Aggravated Assault: Where serious physical injury is inflicted upon another person intentionally or recklessly, or where a deadly weapon or dangerous instrument is used.

• Attempted Class 2 Felonies: Attempted manslaughter, sexual assault or armed robbery unsuccessfully.

• Solicited Class 1 Felonies: Demanding, requesting, encouraging or soliciting another person to commit first or second degree murder.

• Certain Types of Sexual Abuse: Some types of sexual abuse are typically charged as class 3 felonies, including but not limited to those in which the victim is under 15 years old or if the assault was aggravated without resulting in serious injury to the victim.

• Discharging a Firearm at a Non-Residential Building: Firing a gun in an office space, school, hospital or any other type of commercial or community building.



• Altering Lottery Tickets: Forging, altering or counterfeiting an Arizona lottery ticket with intent.

You can view the entire list of class 3 felonies according to Arizona law here.

What Are the Penalties for a Class 3 Felony in Arizona?

Whether a person charged with a class 3 felony is a first-time offender, repeat offender or is subject to aggravated or mitigating circumstances can influence the sentencing guidelines that apply to their case. Class 3 felonies also run the breadth of severity from particularly aggravated, dangerous and malicious behavior to actions that might be construed as reckless and non-violent.

The diversity of infractions that are categorized as class 3 felonies means there is a truly broad range of potential prison terms, often as low as two years for first-time offenders with mitigating circumstances to up to 25 years for particularly dangerous offenses, especially those committed by people with multiple prior felony convictions or if aggravating circumstances are present.

Those interested in learning about potential sentencing can view:

ARS 13-702 for first-time felony offenders

ARS 13-703 for repetitive offender sentencing

ARS 13-704 for dangerous offenders

Is There a Statute of Limitations for a Class 3 Felony?

In contrast to class 1 and 2 felonies, which don’t have an expirable timeframe for prosecution in any circumstances, some class 3 felonies may be subject to a statute of limitations (SOL) of seven years.

The SOL is not present for ALL class 3 felonies. For example, solicitation of murder may be a class 3 felony, but the murder itself would be a class 1 or 2 felony. As a result, soliciting murder is not subject to a SOL. There is also usually no statute of limitations for sex crimes, including those charged as class 3 felonies.

How Do You Defend Yourself Against a Class 3 Felony Charge in Arizona?

Although typically less serious than a class 1 or class 2 felony, the more convoluted breadth of infractions commonly charged as class 3 felonies can leave a lot of room for nuance in investigations and prosecution. Many people facing class 3 felony charges in Phoenix have questions regarding the severity of their situation as well as the potential consequences.

Hiring a skilled, Board-Certified Criminal Defense Specialist may help you find answers. We can explain the specifics of your charge and aggressively fight to protect your rights and continued freedom.

A qualified attorney will challenge the evidence, explain mitigating or aggravating factors that may apply to your case, highlight any available constitutional challenges and look for errors made by the police during the investigation. Whether negotiating a favorable plea deal or delivering a compelling defense before a jury, you can trust Board-Certified Criminal Defense Specialist Michael Alarid to give his all in your defense.

Safeguard Your Rights by Contacting a Criminal Defense Lawyer in Phoenix Who Will Tirelessly Advocate for You

Arizona Board-Certified Criminal Defense Attorney Michael Alarid III is one of the highest-rated criminal defense lawyers in the Valley. He is committed to providing Phoenix residents facing felony charges with the robust representation they deserve.

Restore at least some peace of mind by working with an experienced private practice criminal defense attorney. Schedule a complimentary consultation today by calling 602-818-3110.