What is a class 2 misdemeanor?
A class 3 misdemeanor is the least serious type of misdemeanor, and a class 1 misdemeanor is the most serious. Class 2 misdemeanors land squarely in the middle. They are punishable by up to 4 months of jail and $750 in fines.
Examples of class 2 misdemeanors
Common class 2 misdemeanor crimes include:
- Reckless driving;
- Minor in consumption;
- Leaving the scene of an accident;
- Certain types of assault;
- Criminal damage (if the value of the item damaged is less than $250); and
- Criminal trespass in the second degree.
Furthermore, according to ARS 13-602 any misdemeanor offense in Arizona’s criminal law that is not classified in statute is designated as a class 2 misdemeanor.
Penalties for class 2 misdemeanors
Class 2 misdemeanor crimes carry a potential sentencing range prescribed by Arizona’s criminal code:
|Maximum Jail Time
|Class 2 Misdemeanor
If a person is convicted of a class 2 misdemeanor offense and has been convicted of the same offense within the past two years, then the sentencing range increases to that of a class 1 misdemeanor:
|Maximum Jail Time
|Class 2 Misdemeanor with one prior
On top of the punishments listed above, a class 2 misdemeanor can carry with it the following penalties:
- Community service;
- License suspension for vehicular crimes;
- Court-ordered counseling and treatment programs;
- Restitution for victims of crimes.
If a person is charged with a misdemeanor that is classified as a domestic violence or “DV” offense, a conviction may require mandatory counseling classes.
Most class 2 misdemeanors crimes don’t have any mandatory minimum sentence. This means it will be up to the judge to decide the punishment anywhere in the sentencing range, up to the maximum punishment allowed by law.
In addition to legal punishments, there may be other consequences for a misdemeanor conviction. These 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.
What is the statute of limitations for class 2 misdemeanors?
Misdemeanors in Arizona have a “statute of limitations” that is set by law. This is a certain period of time during which the prosecutor must bring charges. If no charges are brought within that period of time, then the state loses the opportunity to prosecute for that offense.
Under ARS 13-107, the statute of limitations for class 2 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.