What is a Second Degree Felony in Arizona?

Per Section 13-601 of the Arizona Revised Statutes, felonies in the state are categorized into six classes, with Class 1 felonies being the most serious and Class 6 felonies the least serious. Class 2 felonies in the state are tantamount to second-degree felonies. These felonies are less severe than Class 1 felony offenses, like first-degree murder and second-degree murder, but more serious than Class 3-6 felony crimes (e.g., aggravated assault, kidnapping, theft of property, shoplifting, possession of marijuana for sale, burglary in the third degree) and misdemeanors (e.g., DUI, simple assault, disorderly conduct, shoplifting property under $1,000). The types of crimes that constitute a Class 2 felony are listed in Title 13 of the Arizona Revised Statutes.

Which Crimes Are Considered Second Degree Felonies in Arizona?

According to Title 13 of the Arizona Revised Statutes, Class 2 felony crimes in the state include, but are not limited to:

• Attempt of a class 1 felony (ARS 13-1001)
• Manslaughter (ARS 13-1103)
• Aggravated assault under certain conditions (ARS 13-1204)
• Kidnapping under certain violations (ARS 13-1304)
• Sex trafficking (ARS 13-1307)
• Sexual assault (ARS 13-1406)
• Molestation of a child under 15 years old (ARS 13-1410)
• Armed robbery (ARS 13-1904)
• Arson of an occupied structure (ARS 13-1704)
• Drive-by shooting (ARS 13-1209)
• Continuous sexual abuse of a child (ARS 13-1417)
• Sexual exploitation of a minor (ARS 13-3553)
• Burglary in the first degree (ARS 13-1508)
• Theft of property or services valued at $25,000 or more (ARS 13-1802)
• Child prostitution (ARS 13-3212)
• Terrorism (ARS 13-2308.01)
• Money laundering in the first degree (ARS 13-2317)
• Theft by extortion under certain violations (ARS 13-1804)
• Discharging a firearm at a residential structure

What is Second Degree Murder and How is it Classified in Arizona?

Per Arizona Revised Stat. § 13-1104, second-degree murder happens when a person causes the death of another without premeditation by either acting with intent to kill, knowingly engaging in conduct that will cause death or serious bodily harm, or recklessly engaging in acts with extreme disregard for human life, resulting in the death of a person (e.g., firing a gun into a crowd without intending to kill anybody but showing disregard for life). In Arizona, second-degree murder also includes causing the death of an unborn child through domestic violence, physical assaults, or other reckless acts.

Under Arizona law (§ 13-1104), second-degree murder is a class 1 felony, punishable under Section § 13-710 with a minimum of 10 years, presumptive of 16 years, and a maximum of 25 years imprisonment for a first-time offender, with the actual sentence depending on the aggravating or mitigating factors outlined in section § 13-7. Harsher sentences follow if the victim of the murder is an unborn child or a minor under 15 years old (per section § 13-705).

Although both consequential charges, second-degree murder is less serious than first-degree murder, the difference is that first-degree murder, as explained under section § 13-1105, is a product of premeditation to kill or cause the death of another, including killing a law enforcement officer in the line of duty or intentionally causing another’s death during the commission of a dangerous felony (e.g., kidnapping, arson, or terrorism). The punishment for first-degree murder in Arizona includes the death penalty and life imprisonment.

In contrast, second-degree murder is more serious than manslaughter, defined under Section § 13-1103 as recklessly causing the death of another without premeditation to kill or apparent disregard for human life, or murder committed in the heat of passion during quarrels.

Arizona Second Degree Felonies Penalties and Punishments

In Arizona, the degree of punishment for Class 2 felonies depends on factors such as whether the crime is a dangerous offense, the use of a deadly weapon, and the defendant’s prior convictions. Typical penalties for a first-time, non-dangerous Class 2 felony include 3 to 12.5 years in prison, with a presumptive sentence of 5 years under A.R.S. § 13-702(D). For dangerous offenses (i.e., those involving weapons or serious injury), imprisonment ranges from 7 to 21 years, with a presumptive 10.5 years under A.R.S. § 13-704(A).

Additionally, courts may impose fines up to $150,000 under A.R.S. § 13-801(A) and 5 years of probation (for first-time, non-dangerous offenders). Additional penalties include victim restitution, community supervision, and loss of rights such as firearm ownership.

The table below summarizes penalties, including prison time and fines, for select Class 2 felony crimes in Arizona.

Are Second Degree Felony Records Public in Arizona?

Records of second-degree (class 2) felony are considered public in Arizona. According to Section § 39-121 of the Arizona Public Records Law, records created and maintained by public officials are public records and are open to inspection. This includes criminal felony records held by courts and law enforcement agencies. Arizona Supreme Court Rule 123 further states that all case records are public unless closed by law or rule. Therefore, anyone may request felony case records and arrest reports.

However, records or information deemed confidential or exempt under the law or court orders are typically removed from public access. This includes victim and witness information, sealed records, and juvenile records (A.R.S. § 39-121.04; § 39-123.01).

Note that court and arrest records are public in Arizona, but by law, the Department of Public Safety’s criminal history records are restricted to authorized agencies and the record owners. Like Michigan, Washington, and Arkansas, Arizona doesn't allow public access to its complete statewide records.

How to Access Second Degree Felony Court Records in Arizona

In Arizona, the superior courts handle and maintain records for felony cases. These records are public and accessible through any of the following methods:

• Search Portals: For example, felony case information can be searched on the Arizona Judicial Branch's Public Access to Court Information portal. Users can find information on felony cases handled in most counties in the state, including charges, dispositions, and minute entries. The search criteria is party name or case number. Access is free. Alternatively, the eAccess Portal can be used to access or obtain court documents of felony cases filed on or after July 1, 2010 (or July 1, 2015, in Pima County). The portal is available 24/7 and offers unrestricted access to download case files at a per-document fee or via a monthly subscription.
• Visit the Clerk’s Office: Anyone may visit the Clerk of the Superior Court in the county where a felony case was filed to inspect or request records. Requests must include the defendant’s name, case type, and the case number. Inspection is usually free; however, fees are charged for copies at $0.50 per page, with certification at $35 plus $0.50 per page (A.R.S. § 12-284). The Arizona Courts’ Superior Court Clerks webpage contains contact information for each county in the state.
• Send requests by fax, mail, or electronically (e.g., email or forms): Copies of second-degree felony records can be requested by fax, mail, or email, with methods varying by location. The Arizona Superior Court Clerks directory lists fax, mail, and email details for all the superior courts in Arizona. Also, many counties offer online request forms, such as Maricopa County’s “online request form” or Pinal County’s electronic form.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Second-degree felony charges can be reduced or dismissed, but this depends on the case, the evidence, the defendant’s history, and the quality of legal representation.

Charges are often reduced through plea bargains, in which the defendant pleads guilty in return for a lesser offense. For example, a class 2 felony may be reduced to a class 3 or 4 felony if the defendant agrees to plead guilty. In Arizona, plea agreements and proceedings are governed by A.R.S. § 13-4423 and Rule 17.4 of the Arizona Rules of Criminal Procedure.

On the other hand, felony charges may be dismissed through motions or prosecutorial discretion. Under rule 16.4(b), the defense can move to dismiss charges after discovery if the evidence is legally insufficient or the statute of limitations has expired, or for lack of jurisdiction under A.R.S. § 13-109 in a case filed outside the county of the crime. A judge may also dismiss a case if the prosecution fails to prove the defendant’s culpability. Prosecutors may drop charges due to new exculpatory evidence, an expired statute of limitations, or a victim’s refusal to press charges.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Arizona?

Second-degree felony or murder convictions are excluded from record relief (erasure) in Arizona. However, under Proposition 207, low-level marijuana offenses committed before November 30, 2020, can be fully expunged. On the other hand, individuals can petition to seal second-degree felony records under A.R.S. § 13-911 if they have completed their sentence, including restitution and fines, have no pending charges, and have no subsequent felony convictions.

The waiting period before sealing is 10 years for Class 2 felonies, plus five additional years for any prior felony conviction. Others eligible to seal felony records include those whose charges were dismissed or resulted in acquittal (A.R.S. § 13-911(A)(2)) or who were arrested but not charged (A.R.S. § 13-911(A)(3)). Per A.R.S. § 13-706, certain serious, violent, or aggravated felonies cannot be sealed (e.g., second-degree murder and certain sexual crimes).

How Long Do Second-Degree Felony Records Stay Public in Arizona?

Second-degree felony records stay public indefinitely in Arizona, unless a record qualifies and the record subject petitions to have it sealed or expunged. In contrast, California’s “Clean Slate” laws automatically seal certain records after a waiting period and sentence completion.