Arizona Criminal Defense Law

What Is Criminal Defense Law in Arizona?

Arizona is known for strict criminal sentencing with mandatory minimums for many offenses, particularly DUI, drug offenses, and weapons charges. Arizona uses a six-class felony system. Recent reforms have created alternatives for some non-violent offenses.

When Do You Need a Criminal Defense Attorney?

Contact a criminal defense attorney immediately if you've been arrested, are under investigation, have a warrant, or want to explore record sealing under A.R.S. § 13-905.

Arizona Criminal Defense Sub-Specialties

Criminal Defense covers several distinct case types in Arizona, each with its own statutory framework and procedural rules. Below are the most common sub-specialties — with the Arizona-specific provisions that distinguish them.

🚗 DUI / DWI

Arizona has among the strictest DUI laws in the United States, with a four-tier structure. Standard DUI (ARS § 28-1381) at BAC 0.08+ carries a minimum 10 days in jail (9 suspended if interlock installed). Extreme DUI at BAC 0.15+ carries 30-day minimum. Super Extreme DUI at BAC 0.20+ adds further mandatory jail. Aggravated DUI (ARS § 28-1383) is a Class 4 felony — triggered by a third DUI in 84 months, DUI with a suspended license, DUI with a child under 15 in the vehicle, or DUI while in violation of an ignition interlock requirement. All convictions require interlock for at least 12 months.

💊 Drug Crimes

Arizona's drug laws are codified in ARS Title 13, Chapter 34. Possession of marijuana for adults 21+ is legal under Prop 207 (2020) up to 1 oz; possession above that or by minors remains a Class 6 felony. Possession of dangerous drugs (meth, ecstasy, LSD) is a Class 4 felony under ARS § 13-3407. Sale or transport for sale escalates to Class 2 felonies with mandatory prison. Possession of narcotic drugs (heroin, cocaine, prescription opioids without Rx) is a Class 4 felony under ARS § 13-3408. Prop 200 (1996) allows first/second-time non-violent drug possession offenders to receive treatment instead of incarceration — a unique AZ diversion provision.

⚖ Felony Defense

Arizona felonies are graded Class 1 through 6, with Class 1 reserved for first-degree murder (death penalty or life). Sentencing operates on a presumptive-aggravated-mitigated framework (ARS § 13-701) — each class has a range with a presumptive midpoint that can be raised or lowered based on aggravators (cruel/heinous, multiple victims, age of victim) or mitigators (no criminal history, age at offense, cooperation). Prior felony convictions trigger enhanced sentencing under the repetitive offender statutes (ARS § 13-703) — sometimes mandatory prison even for property crimes. Arizona has no parole for offenses committed after 1994 — "truth in sentencing" requires 85% of sentence served (100% for serious offenses).

📋 Misdemeanors

Misdemeanor classification in Arizona is Class 1 (most serious, max 6 months jail + $2,500 fine), Class 2 (max 4 months + $750), and Class 3 (max 30 days + $500) under ARS § 13-707. Common Class 1 misdemeanors: simple assault, DUI, shoplifting under $1,000, criminal damage under $1,000, disorderly conduct, and possession of marijuana under 1 oz by minors. Misdemeanors are typically charged in Justice Court or Municipal Court (City Court), with appeals to Superior Court. Probation, community service, and fines are common alternatives to jail. A misdemeanor conviction can still trigger immigration consequences, professional licensing problems, and firearms restrictions for DV-related convictions (federal Lautenberg Amendment).

🏛 Federal Criminal Defense

Federal cases against Arizona residents route to the US District Court of Arizona, with divisions in Phoenix (401 W. Washington), Tucson (405 W. Congress), Yuma, and Flagstaff. Common federal charges in AZ: illegal entry (8 USC § 1325), illegal re-entry (§ 1326), drug trafficking through border ports of entry, federal firearm offenses, mail/wire fraud, and federal civil rights violations. Federal sentencing uses the US Sentencing Guidelines, which were rendered advisory by US v. Booker (2005) but still strongly influence outcomes. Federal procedure has different timelines, discovery rules, and plea-bargain practices than state court — specialized federal-defense experience matters.

🧹 Set-Aside ("Expungement")

Arizona does NOT have traditional expungement — instead it has a set-aside procedure under ARS § 13-905 (formerly § 13-907). A set-aside doesn't erase the conviction but it does dismiss the case and restore civil rights. The conviction remains on the record but is annotated "set aside." Eligible offenders: those who completed probation/sentence, paid all restitution, and aren't pursuing further criminal conduct. Ineligible offenses: dangerous offenses, sex offenses requiring registration, DUI, offenses where the victim was under 15, and serious driving offenses. A separate process exists for sealing arrest records under ARS § 13-911 (new as of 2023) for cases that did not result in conviction.

👶 Juvenile Crimes

Juvenile justice in Arizona is governed by ARS Title 8, Chapter 2. Jurisdiction generally covers offenses by children 8-17 (under 8 are presumed incapable of crime). Direct file in adult court is possible for serious offenses (murder, armed robbery, sexual assault, drug trafficking by 15+ year olds) or chronic offenders. Juvenile dispositions include diversion (no formal charge), informal probation, formal probation, and commitment to ADJC (Arizona Department of Juvenile Corrections). Records can be destroyed at age 18 for most offenses (ARS § 8-349) — a strong reason to resolve juvenile cases quickly and avoid adult-court transfer.

📋 Parole & Probation Violations

Arizona abolished parole for offenses committed after 1994 — replaced with community supervision (mandatory post-prison release at 85% of sentence). Pre-1994 offenders may still be on parole. Probation violations are handled by the original sentencing court. Technical violations (missed appointments, failed drug tests, association rules) can result in modified probation, jail sanctions ("intermediate sanctions"), or revocation. New criminal conduct as a probation violation can trigger revocation hearings (preponderance of evidence standard — lower than beyond reasonable doubt). Probation revocation can result in execution of the original suspended sentence. Hiring counsel for any violation hearing is critical.

Costs and Timeline

Misdemeanor DUI defense: $3,000-$7,000. Felony cases: $5,000-$25,000+. Federal cases can exceed $50,000. Public defenders available for those who qualify.

Arizona Laws and Statutes

A.R.S. Title 13. DUI laws: A.R.S. § 28-1381 through 28-1385. Drug offenses: A.R.S. § 13-3401 et seq. Weapons: A.R.S. § 13-3101.

Criminal Defense Attorneys by County

Pre-screened criminal defense attorneys serving each Arizona county. Counts reflect Standard-tier attorneys with active bar status. Counties with active listings show featured attorneys; counties without local listings link to our statewide directory.

Other Arizona Counties

Criminal Defense attorney coverage is still being built out in these counties. Click any county to browse our statewide pool.

Featured Criminal Defense Attorneys

Pre-screened criminal defense attorneys serving Arizona. Browse profiles to find the right attorney for your case.

Arizona Criminal Defense Guides & Resources

Free guides covering key topics in Arizona criminal defense. Learn the basics before you hire an attorney.

Common Questions About Arizona Criminal Defense