What is a class 1 misdemeanor?
A misdemeanor is a type of criminal offense in Arizona. It is less severe than a felony crime, but more severe than a petty offense. There are three types of misdemeanor classifications under Arizona criminal law:
- Class 1 misdemeanors;
- Class 2 misdemeanors; and
- Class 3 misdemeanors
Class 1 misdemeanors are the most serious type of misdemeanor crime. They are punishable by up to 6 months in prison and $2500 in fines. Some class 1 misdemeanors, such as DUIs, have mandatory minimum sentencing that includes jail time.
Examples of class 1 misdemeanors
There are a number of class 1 misdemeanors that are commonly charged in Arizona. These include:
- Assault causing physical injury;
- Criminal damage (if damages caused is between $250 and $1,000);
- Criminal trespass in the first degree;
- Disorderly conduct;
- driving on a suspended license;
- Interfering with judicial proceedings;
- Shoplifting (if the value shoplifted is less than $1000);
- Theft (if the stolen property is less than $1,000);
Penalties for class 1 misdemeanors
Crimes that are charged as class 1 misdemeanors carry a potential sentencing range set out in Arizona law.
|Maximum Jail Time||Maximum Fine||Probation Length|
|Class 1 Misdemeanor||6 months||$2500||0-3 years|
In addition to the standard penalties above, a class 1 misdemeanor can also result in the following additional punishments:
- Community service;
- License suspension for vehicular crimes;
- Court-ordered counseling and treatment programs;
- Restitution for victims of crimes.
A person who receives a misdemeanor conviction can also experience other collateral consequences as a result of being convicted of a crime. These are not required by law, but can nonetheless affect a person’s life. They include:
- Higher car insurance rates for misdemeanors that are driving related;
- Requirement to report the conviction on job applications;
- Requirement to report the crime on rental applications;
- Consequences for professional licensing;
- Immigration consequences/deportation.
Certain class 1 misdemeanors also have mandatory minimum sentences. For example, DUIs require mandatory minimum jail time. The amount of jail time required depends on the category of DUI (which is determined by the defendant’s blood alcohol concentration at the time of driving). DUI charges usually also require the installation of an ignition interlock device for at least a year on any vehicle driven by the defendant. Certain domestic violence crimes may also require mandatory counseling classes.
If a specific crime does not have a mandatory minimum sentence, then it will be up to the judge during sentencing decide the punishment, up to the maximum amount allowed by law.
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What is the statute of limitations for class 1 misdemeanors?
All misdemeanor crimes in Arizona have a statute of limitations. The statute of limitations is a time-limit during which the state must bring charges against the defendant or lose the right to do so altogether.
According to ARS 13-107, the statute of limitations for class 1 misdemeanors is 1 year.
Note: The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.