What Is a Class 3 (Third-Degree) Felony in Arizona?

According to Title 13 of the Arizona Revised Statutes, third-degree felonies (Class 3 felonies) in Arizona are mid-level crimes with prison terms ranging from 2.5 years to 7 years. However, mitigating circumstances can lower imprisonment to 2 years, while the presence of aggravating factors may extend it to 8.75 years. Arizona designates Class 3 felonies using statutes, and their punishments are per Sections 13-702 and 13-703 of the Arizona Revised Statutes.

Under Arizona's criminal classification system, third-degree felonies are referred to as Class 3 felonies. Arizona groups felonies into six classes, from Class 1 (the most severe) to Class 6 (the least serious crimes).

Notwithstanding their ranking, Class 3 felonies are serious offenses that can have far-reaching consequences. These types of crimes can have negative impacts on social status, housing options, and job opportunities. Beyond the prison sentence, a Class 3 felony in Arizona may result in a financial burden due to fines, court costs, surcharges, and restitution.

Common Offenses That Fall Under Class 3 (Third-Degree) Felony Charges

Third-degree (Class 3) felonies in Arizona are a group of crimes whose penalties may include imprisonment ranging from 2.5 to 7 years. Still, they may be reduced to 2 years or extended to 8.75 years, depending on whether mitigating or aggravating factors are present. Class 3 felons in Arizona may also pay fines of up to $150,000.00. The types of crimes within the Class 3 felony category in Arizona include:

• Aggravated assault
• Burglary in the second degree
• Theft ($4,000.00 to $25,000.00)
• Arson of an occupied structure
• Auto theft.

Penalties and Sentencing for Class 3 (Third-Degree) Felonies in Arizona

The penalties for Class 3 felonies in Arizona include imprisonment and potential fines. Depending on mitigating and aggravating factors, the prison term for Class 3 felonies in Arizona ranges from 2 to 25 years, as shown in the tables.

First-time non-violent offenses

First-time violent Class 3 felony

Non-violent Repeat Offenders

Additionally, although Arizona Statutes did not specify amounts, defendants may pay fines of up to $150,000.00.

Beyond prison terms, fines, court charges, and restitutions, non-violent Class 3 felonies in Arizona may be eligible for probation, whereby judges impose conditions for defendants to undergo community supervision instead of incarceration.

Will You Go to Jail for a Third-Degree Felony in Arizona?

Yes, a Class 3 felony in Arizona may result in a prison term. Depending on the circumstances surrounding the offense and the offender's criminal history, the prison terms for a Class 3 felony in Arizona may extend up to 25 years. Typically, the prison terms for non-violent Class 3 felonies range between 2 and 8.75 years. However, third-degree felony jail time for repeat offenders may extend up to 25 years in prison.

Certain first-time, non-violent Class 3 felonies may qualify for probation, depending on the charge, criminal history, and whether the offense is considered non-violent.

How Long Does a Third-Degree Felony Stay on Your Record?

In Arizona, a Class C felony conviction stays permanently on the offender's record unless a court sets it aside. Arizona does not allow the conventional sealing or expungement of criminal records. Instead, § 13-905 of the Arizona Revised Statutes permits courts to set aside eligible Class 3 felonies if the owners complete the sentences for their crimes (including probation). However, Arizona's set-aside law does not include violent crimes, sex offenses, or those involving deadly weapons.

Setting aside a Class 3 felony record in Arizona does not erase the conviction; it indicates that the offender has completed the sentence for the crime. This helps with employment, housing, and licensing.

Similar to other criminal records, a Class 3 felony conviction in Arizona may impact the owner beyond the official penalties. In addition to the emotional and financial costs, criminal records may have negative impacts on employment, housing, licensing, and social status.

Can a Third-Degree Felony Be Sealed or Expunged in Arizona?

No, Arizona does not seal or expunge most criminal records. However, expungement and sealing of records are not impossible. § 36-2862 of the Arizona Revised Statutes permits the expungement of certain marijuana-related offenses. Additionally, Arizona Revised Statutes § 13-911 allows the sealing of some non-violent and non-sexual criminal records, including Class 3 felonies, if the offenders:

• Complete their prison and probation time.
• Pay applicable fines, court charges, and make restitutions (if necessary)
• Observe a 10-year waiting period.

Furthermore, under Arizona laws, individuals can approach the courts to set aside their eligible conviction records. A set-aside does not erase or seal a Class 3 felony record or any other criminal record. Instead, it shows that the individual has completed the penalties for the crime and is released from the disabilities resulting from the offense.

How Class 3 (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

Arizona divides felonies into six categories, ranging from Class 1 to Class 6. First, second, and third-degree felonies correspond to Class 1, Class 2, and Class 3 felonies in Arizona. Offenses within the various categories of felony differ in seriousness and the severity of their punishment.

Class 1 Felonies

In Arizona, Class 1 felonies represent the most severe felony category, carrying the highest punishment. Examples of Class 1 felonies include:

• First-degree murder
• Second-degree murder.

The penalties for crimes in this class are outlined in their respective statutes. However, an offender must spend at least 10 years in prison. Crimes like first-degree murder may result in the death penalty.

Class 2 Felonies

This class of felony contains crimes whose severity ranks second only to Class 1 felonies. Similar to Class 1 offenses, the punishment for offenses in this category depends on the statutes. However, the penalties for some crimes in this category may include imprisonment of up to 35 years. Class 2 felonies in Arizona include:

• Armed robbery
• Second-degree burglary of a residential building
• Sexual assault (rape)
• Major drug trafficking/possession for sale.

Class 3 Felonies

Arizona considers Class 3 felonies as felony offenses that are less serious than Class 1 and Class 2 felonies. This category of felony contains crimes such as:

• Aggravated assault
• Burglary in the second degree
• Theft of property valued between $4,000.00 and $25,000.00
• Tampering with evidence.

The sentencing for Class 3 felonies depends on the crime, but may be influenced by mitigating and aggravating factors. However, the lowest prison term for a crime in this category is 2 years; aggravating factors may extend imprisonment to 25 years.

Beyond prison terms, felony convictions in Arizona may include fines of up to $150,000.00.

How to Look Up Class 3 (Third-Degree) Felony Records in Arizona

The Arizona Revised Statutes (§ 39-121) confers public accessibility to most criminal records (including Class 3 felonies), and custodians of these records provide several options for interested individuals to access them. In Arizona, Class 3 felony records are accessible online for free through the Arizona Judicial Branch Public Access Portal. Record seekers can also subscribe to the Arizona Courts eAccess Portal to access the Arizona Superior Court's criminal records.

Interested individuals can also access Class 3 felony records through criminal background check requests to the Arizona Department of Public Safety (DPS). For mail or in-person access to Arizona's Class 3 felony records, contact the clerk's office of the court that handled the specific case.

Probation and Parole for Third-Degree Felony Offenders

A Class 3 felony convict in Arizona may qualify for probation or parole. Eligibility for probation or parole in Arizona depends on the nature of the offense and the presence or absence of aggravating factors.

In Arizona, the court may impose up to five years of probation instead of prison if the offense is non-violent, victimless, and the offender has no prior criminal record. However, eligibility for probation does not include sex-related crimes and repeat offenses. During the probation period, the defendant is required to:

• Perform community service
• Attend counseling
• Avoid criminal offenses.

Arizona does not allow parole for crimes committed after January 1, 1994. However, for certain offenses, the state may reward good behavior or participation in programs with early release from prison based on the earned release credit system. Nonetheless, convicts are required to serve at least 85% of their original sentences.