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What is a Class 6 Felony

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In Arizona and other states that categorize crimes by number, a Class 6 felony is the lowest ranking felony offense. Generally, the lower the number the more serious the crime.

The presumptive sentence for the first time offender is 1 year, with a 6 month minimum, though the severity of the crime can increase imprisonment for the first time class 6 felony offender to 1.5 years and up to 2 years for an aggravated class 6 felony. Mitigating circumstances can reduce the sentence to 4 months.

Class 6 Felony Repeat Offenders

  • The sentence for a category one repeat offender is 3 months mitigated, 6 months minimum, 1 year presumptive, 1.5 years maximum and 1.8 years aggravated.
  • The sentence for a category two repetitive offender is .75 years mitigated, 1 year minimum, 1.75 years presumptive, 2.25 years maximum, and 2.75 years aggravated.
  • A category three repetitive offender will be sentenced for 2.25 mitigated, 3 years minimum, 3.75 presumptive, 4.5 years maximum, and 5.75 years aggravated.

Class 6 Felony Dangerous Offenses

Adults or children being tried as adults for dangerous class 6 offenses will be sentenced to a minimum of 1.5 years and a maximum of 3 years. Dangerous offenders with one prior dangerous felony will be sentenced to a minimum of 3 years and a maximum of 4.5 years. Those with two or more prior dangerous felony convictions will face 4.5 to 6 years imprisonment.

When an individual is convicted or two or more dangerous felony offenses that are consolidated for the trial will be increased by a minimum of 2.25 years to 3.75 years. For any dangerous offense after the second dangerous felony the sentence will be increased to 3.75 to 5.6 years maximum.

Class 6 Felony or Class 1 Misdemeanor?

According to Title 13 of the Arizona Criminal Code, if the elements of the class 6 felony offense doesn't justify the harsh sentence imposed on felony offenders, the court sometimes enters judgment of conviction for a class 1 misdemeanor instead. The decision to lessen a class 6 felony designation will be based on the nature of the crime and the history and character of the defendant.

Restitution and Fines

Though jail time is presumed for every felony, restitution and fines are defined by the Arizona Revised Statutes as only "less than $150,000" for any felony.

*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 6 felony. The information contained in this article should not be construed as legal advice, and those accused of a Class 6 felony should seek legal counsel immediately.

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