What Is a Class 4 Felony in Arizona?

While a class 4 felony is a relatively lenient charge compared to class 1, 2 or 3 felonies, it’s by no means considered minor. Consequences for class 4 felony conviction can range from probation or a couple of years in prison to decades in prison for repeat offenders or those subject to aggravated sentencing for serious class 4 felonies. Arizonans convicted of class 4 felonies might also lose some of their privileges as citizens, including the right to vote, own a firearm and join subsidized housing.

Examples of a Class 4 Felony

• Impersonating a Police Officer: Impersonating an officer of the law is a federal crime and an Arizona state felony. It’s also considered an aggravating factor if it’s committed in conjunction with another crime, potentially leading to longer sentences.

• Stealing Protected Native Plants: Deliberately removing or destroying protected native plants valued at $1,500 or more from private property or state land. These include cacti, desert willows and honey mesquites, among others.

• Incest: Adult individuals who intentionally intermarry or fornicate in an incestuous relationship.

• Aggravated DUI With a Motorized Watercraft: Operating a boat, waterski or another motorized watercraft under the influence.

• Attempt of a Class 3 Felony: Attempting to alter a lottery ticket, cultivate more than four pounds of weed for profitable purposes or commit credit card transaction record theft unsuccessfully may qualify as attempted class 3 felonies that could result in class 4 felony charges.

• Solicitation of a Class 2 Felony: Encouraging, requesting, commanding or soliciting another person to commit manslaughter, sexual assault or armed robbery.

• Negligent Homicide: If you unintentionally kill someone by acting with criminal disregard for the safety of those around you, or failed to uphold the standard duty of care for a given situation, you may be charged with a class 4 felony. Examples may include waiting too long to call 911 after being involved in a car accident that resulted in severe injuries or leaving a pit bull with a history of hostile behavior off-leash in your front yard, resulting in someone’s death.

• Arson of a Structure or Property: Intentionally and maliciously setting property valued at more than $1,000 on fire. Arson of property valued between $100 and $1,000 is a class 5 felony.

• Theft: Stealing property valued between $3,000 to $4,000 (above $4,000 would be a class 3 felony) or the specific theft of a car’s engine or transmission.

• Bribing Contestants in Games: If you bribed participants – professionals or amateurs alike – in sports, games or races with the intent to pressure them into deliberately losing or assisting with a manufactured loss.

You can view the entire list of class 4 felonies according to Arizona law here.

What Are Mitigating and Aggravating Factors That Can Affect a Class 4 Felony Charge?

Some mitigating factors that may influence a judge’s sentencing decisions include:

• The age of the defendant
• A defendant’s lack of culpability or inability to understand the illegality of their actions
• The defendant was acting under duress
• The defendant’s involvement in the crime was trivial or minor
• The defendant cooperated with law enforcement or upheld their legal duties after the crime was committed

Conversely, aggravating factors can potentially result in harsher sentences and penalties for class 4 felonies. Some common aggravating factors include:



• The victim was underage
• A dangerous weapon or firearm was involved
• The defendant has prior felony convictions
• The defendant was the prime actor in the crime or displayed a high degree of criminal sophistication and knowledge
• The value of the property stolen or damaged was high
• The crime was committed in a particularly cruel or depraved manner
• There was a financial incentive or otherwise valuable gain
• The victim or their family suffered immediate physical, emotional or financial harm
• The defendant concealed their identity during the crime and failed to reveal it afterward
• The victim was lured from a place of safety, like their home
• The defendant was an undocumented immigrant or not in the country legally

Can a Class 4 Felony Be Reduced to a Misdemeanor?

The primary way to reduce a felon to a misdemeanor is a plea agreement negotiated by a criminal defense attorney and the prosecutor. A judge may also adjust sentencing based on mitigating factors or their own discretion based on the nature of the crime.

It’s possible for some convictions to be set aside after the convicted person has completed their sentence and probation, but this is different from a felony being reduced to a misdemeanor. A set aside conviction mainly means the convicted person is released from disabilities resulting from the conviction.

Certain crimes aren’t usually eligible for relief. If the victim was younger than 15, if they sustained a severe physical injury or if you’re on the sex offender registry, relief likely won’t be available to you.

Work With an Accomplished Board-Certified Criminal Defense Lawyer in Phoenix Lawyer Who Will Fiercely Advocate for Your Rights and Continued Freedom

Arizona Board-Certified Criminal Defense Specialist Michael Alarid III understands the stakes of a class 4 felony charge. He has years of experience securing ideal outcomes for his clients and will tirelessly advocate for your interests, building a compelling case and customizing his legal strategies to best protect you from prosecution.

Book a free, one-on-one case consultation today by calling (602) 818-3110 or by filling out our online contact form.