Understanding The 2026 Arizona Revised Statutes (ARS) Sentencing Chart

Navigating the criminal justice system in Arizona requires a precise understanding of the statutory framework governing criminal penalties. The term "ars sentencing chart" refers to the legal structures outlined in the Arizona Revised Statutes (ARS), specifically Title 13, which dictates the classification of offenses and their corresponding prison terms, probation guidelines, and fine structures. For defendants, legal practitioners, and researchers, analyzing these sentencing matrices is critical for understanding the gravity of felony and misdemeanor convictions, sentencing enhancements, and the operational reality of the Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR).

This guide breaks down the statutory mechanics of Arizona sentencing guidelines for 2026, examining presumptive, mitigated, and aggravated terms, class categorizations, and the factors that influence judicial discretion.

Legal Framework of Arizona Felony Classifications

Arizona divides felonies into six distinct classes, ranging from Class 6 (the least severe) to Class 1 (the most severe, typically reserved for first-degree murder). Unlike jurisdictions that rely heavily on open-ended judicial discretion, Arizona statute establishes rigid baseline terms known as presumptive sentences, which can be adjusted based on mitigating or aggravating factors.

Understanding how an offense is categorized dictates the boundaries within which a judge or jury must operate. The statutory range provides a predictable framework, though criminal history, dangerousness designations, and victim impact statements frequently shift a case toward the higher or lower ends of the spectrum.

The Six Felony Classes and Baseline Terminology

• Class 1 Felony: Reserved for the most egregious offenses, primarily first-degree murder. Penalties range from natural life imprisonment to death, as these do not follow the standard numerical chart used for Classes 2 through 6.
• Class 2 Felony: Serious offenses such as armed robbery, second-degree murder, or major drug trafficking. Presumptive prison terms sit at 5 years, with mitigated terms down to 3 years and aggravated terms up to 12.5 years for first-time offenders.
• Class 3 Felony: Crimes such as aggravated assault resulting in serious physical injury or burglary in the second degree. The standard presumptive term is 3.5 years, with a mitigated floor of 2.5 years and an aggravated ceiling of 7 years.
• Class 4 Felony: Includes offenses like forgery, theft of property valued between $3,000 and $25,000, and certain types of endangerment. The presumptive term is 2.5 years, with a mitigated term of 1.5 years and an aggravated term of 3.84 years.
• Class 5 Felony: Intermediate offenses such as resisting arrest or possession of burglary tools. The presumptive baseline is 1.5 years, ranging from a mitigated 6 months to an aggravated 2.5 years.
• Class 6 Felony: The lowest felony classification, covering low-level drug possession, criminal damage over a specific monetary threshold, and unauthorized use of means of transportation. Presumptive terms stand at 1 year, with mitigated probation or 4 months in prison, up to an aggravated ceiling of 2 years.

Standard Adult Felony Sentencing Matrix

The following matrix outlines the baseline prison terms for first-time felony offenders under Arizona law. These figures represent repetitive or non-dangerous offenses unless specific statutory enhancements apply.

Judicial Discretion Note: Under ARS Title 13, judges retain the authority to designate certain Class 6 felonies as misdemeanors upon successful completion of probation or at the time of sentencing, a process commonly referred to as a "concurrent misdemeanor designation" or a 13-604 reduction.

Mitigating and Aggravating Factors in Judicial Decisions

When a judge reviews an ARS sentencing chart, the numbers listed represent the middle ground—the presumptive sentence. Moving away from this presumptive baseline requires the state or the defense to prove specific statutory factors.

Aggravating Factors That Increase Prison Time

Prosecutors must prove aggravating factors beyond a reasonable doubt to push a sentence toward the aggravated limit. Common aggravators include:

• The presence of an accomplice: Committing the crime with one or more other individuals.
• Infliction of emotional or physical harm: Especially when the victim is particularly vulnerable due to age, physical disability, or mental impairment.
• Use of a weapon: Employing a deadly weapon or dangerous instrument during the commission of a non-dangerous offense.
• Prior felony convictions: Establishing a pattern of criminal behavior within the statutory lookback period.
• Offense committed while on release: Committing a new crime while out on bond, probation, or parole for a previous offense.

Mitigating Factors That Reduce Penalties

Defense counsel presents mitigating evidence to persuade the court to lean toward the mitigated term or order probation. These factors include:

• Lack of a significant criminal history: An unblemished record prior to the current offense.
• Minor participation: Playing a peripheral role in the execution of the crime.
• Duress or coercion: Acting under unusual pressures or threats from another party.
• Cooperation with law enforcement: Providing substantial assistance in the investigation or prosecution of other criminal actors.
• Rehabilitation efforts: Voluntary enrollment in substance abuse treatment, mental health counseling, or restitution payment prior to sentencing.

Dangerous vs. Non-Dangerous Offense Distinctions

A critical variable when consulting an ARS sentencing chart is whether the offense is classified as "dangerous." Arizona law defines a dangerous offense as any crime involving the discharge, use, or threatened use of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury upon another person.

When an offense carries a dangerous designation, the sentencing parameters shift dramatically. The minimum, presumptive, and aggravated prison terms increase significantly, and the defendant is entirely stripped of eligibility for probation. For example, a non-dangerous Class 2 felony carries a presumptive term of 5 years, whereas a dangerous Class 2 felony carries a presumptive prison term of 10.5 years, with terms scaling up to 21 years for aggravated circumstances.

Impact of Prior Felony Convictions (Repetitive Offenders)

For individuals with historical prior felony convictions, the ARS sentencing chart changes completely. Arizona’s repetitive offender statutes impose mandatory minimum prison terms that scale upward based on the number and class of prior convictions.

• Category One (One Prior Felony): Increases the mitigated, presumptive, and aggravated terms substantially. For instance, a Class 3 felony with one prior historical felony conviction carries a presumptive term of 6.5 years instead of 3.5 years.
• Category Two (Two Prior Felonies): Imposes even harsher mandatory minimums, often removing probation eligibility entirely and requiring lengthy terms within the ADCRR.
• Category Three (Three or More Prior Felonies): Reaches the apex of mandatory sentencing, where even low-class felonies can result in decades of incarceration.

Frequently Asked Questions About Arizona Sentencing Guidelines

What is the difference between a presumptive, mitigated, and aggravated sentence?

The presumptive sentence is the standard baseline term mandated by law for a specific crime. A mitigated sentence is a reduced term applied when the defense successfully demonstrates mitigating factors, while an aggravated sentence is an increased term applied when prosecutors prove aggravating factors.

Can a felony sentence in Arizona be reduced to probation?

Yes, many non-dangerous felonies—particularly Class 4, Class 5, and Class 6 offenses—allow for probation instead of prison time, especially for first-time offenders. However, dangerous offenses and certain repetitive felony classes mandate absolute prison terms.

How does the dangerousness designation affect sentencing time?

A dangerous designation drastically increases the statutory prison terms and completely eliminates the possibility of probation, requiring the defendant to serve time in the state correctional system.

Are defendants required to serve 100% of their sentence in Arizona?

Arizona operates under a "Truth in Sentencing" framework, which requires adult felony offenders to serve a minimum of 85% of their imposed prison sentence. Earned release credits can reduce time served down to this 85% floor, but early parole is largely non-existent for offenses committed after 1994.

What happens when an offense is designated as a Class 6 open charge?

A Class 6 open charge grants the court discretion at the time of sentencing to treat the offense either as a felony or directly designate it as a misdemeanor, provided the defendant successfully completes probation.

Where can official, up-to-date Arizona statutory text be found?

Official legislative statutes, amendments, and legal definitions are maintained directly on the Arizona State Legislature website under Title 13 (Criminal Code).

Securing Expert Legal Representation

Analyzing an ARS sentencing chart is only the first step in addressing criminal charges in Arizona. Because statutory guidelines, sentencing enhancements, and plea negotiations involve complex legal maneuvers, working with a qualified criminal defense attorney admitted to practice in Arizona courts is essential to protecting your constitutional rights and pursuing the most favorable outcome possible.