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What is a Class 5 Felony

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A Class 5 Felony is a lesser felony offense in that it does not carry as severe a penalty as a Class 1 Felony. The Class 5 felony is more serious than a Class 6 felony and its jail terms are:

  • presumptive 18 months
  • a minimum of nine months and a maximum of 24 months.

Mitigating circumstances can lower the presumptive term to six months, and aggravated circumstances can raise it to 30 months.

Class 5 Felony and Repeat Offenders

A category one repeat offender (someone who is convicted of two felony offenses that were not committed at the same time but are not historical prior felony convictions) will face

  • a presumptive 18 month sentence
  • a minimum of nine months and a maximum of 24 months

Mitigating circumstances can lower the term to six months, while aggravated circumstances can raise it to 30 months.

A category two repeat offender is someone who is convicted of three or more felony's that were not committed at the same time, but are either consolidated for the purpose of the trial or are not considered historical prior convictions. The Class 5 felony penalties for a category two repeat offender are:

  • presumptive jail term of 27 months
  • a minimum of 18 months, and a maximum of 36 months

Mitigating circumstances can reduce the term to 12 months, while aggravated circumstances can raise it to three years plus 9 months.

A category three repeat offender is someone who is at least 18 years old or has been tried as an adult and has been convicted of a felony with two or more historical prior felony convictions. The Class 5 felony penalties are:

  • presumptive jail term of five years
  • minimum of four years, and a maximum of six years

Mitigating circumstances can reduce the term to three years, while aggravated circumstances can increase it to seven years plus 6 months.

Class 5 Felony and Dangerous Offenses

Adults or children charged as adults for dangerous Class 5 felony offenses will be sentenced to a minimum of two years and a maximum of four years. Dangerous offenders with one or more prior felony involving dangerous offense will be sentenced to a minimum of four years and a maximum of six years. Dangerous offenders with two or more historical prior felonies involving dangerous offenses will be sentenced to a minimum of four years plus 6 months, to a maximum of eight years.

For all category offenders, the restitution and fines for a Class 5 felony are defined in Arizona as only "less than $150,000".

*The laws and penalties regarding felony classes and offenses vary for each state, however Arizona law presents a fair and clear representation of penal law, and is used in this article to offer a basic understanding of the Class 5 felony. The information contained in this article should not be construed as legal advice, and those accused of a Class 5 felony should seek legal counsel immediately.

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