Arizona divides felony offenses into six classes, with Class 1 being the most serious and Class 6 being the lowest level. Even though Class 6 is considered the least severe felony category, it is still a felony conviction and carries significant legal and long term consequences.

Many people charged with a Class 6 felony want to know whether they can avoid prison, reduce the charge to a misdemeanor, or clear their record in the future. In some cases, Arizona law allows flexibility that does not exist with higher felony classes. Understanding how Class 6 felonies work, including sentencing ranges and possible reductions, is critical to protecting your future and making informed decisions about your case.

What Is a Class 6 Felony?

A Class 6 felony is the lowest level felony offense under Arizona law. Felonies in Arizona are divided into six categories, with Class 1 being the most serious and Class 6 being the least severe. Even though it is the lowest felony classification, a Class 6 conviction is still a criminal felony and can have lasting consequences.

Felony classifications are based on the seriousness of the conduct and the potential harm involved. Class 6 felonies typically involve lower-level offenses compared to higher felony classes, but they are still treated more seriously than misdemeanors. A conviction can affect employment opportunities, housing applications, professional licenses, and other areas of life.

In some situations, a Class 6 felony may qualify for special treatment under Arizona law, including the possibility of being designated as a misdemeanor. However, until that designation occurs, it remains a felony offense with all associated legal consequences.

Common Examples of Class 6 Felonies

Class 6 felonies in Arizona often involve lower-level criminal conduct compared to more serious felony classes, but they still carry significant consequences. Many first time felony offenders are charged at this level.

Common examples include certain drug possession offenses, particularly possession of small amounts of controlled substances. Some theft offenses that fall below higher dollar thresholds may also be classified as Class 6 felonies. In certain circumstances, lower-level assault or domestic violence charges can be charged at this level, especially if there are prior convictions involved.

The exact classification depends on the statute involved and the facts of the case. Even though these offenses may seem minor compared to higher felony charges, they are still felony convictions unless reduced by the court.

Sentencing Ranges for a Class 6 Felony

Sentencing for a Class 6 felony in Arizona depends on several factors, including whether the defendant has prior felony convictions and whether the court finds mitigating or aggravating circumstances. For a first time offender, prison is not always mandatory, and probation is often available.

Arizona law provides a range of possible prison terms for Class 6 felonies. For someone with no prior felony history, the court may impose a mitigated sentence, a presumptive sentence, or an aggravated sentence depending on the facts of the case. However, in many first offense cases, the court may choose probation instead of prison, especially if the offense is non-violent.

If a person has prior felony convictions, sentencing exposure increases significantly. Repeat offenders may face longer prison terms and reduced eligibility for probation. Because sentencing ranges can vary widely based on criminal history and case details, understanding the potential outcomes early in the case is critical when evaluating plea offers and defense strategy.

Can a Class 6 Felony Be Reduced to a Misdemeanor?

In some cases, yes. Arizona law allows certain Class 6 felonies to be treated as undesignated offenses. This means the court can leave the conviction open ended at sentencing rather than immediately classifying it as a felony or a misdemeanor.

If a Class 6 felony is left undesignated, it is treated as a felony unless and until the court formally designates it as a misdemeanor. During probation, the defendant must comply with all court ordered conditions. Successful completion of probation can increase the likelihood that the court will later reduce the conviction to a misdemeanor.

Whether a reduction is available depends on the specific offense, the defendant’s criminal history, and the circumstances of the case. Violent offenses and certain serious crimes are not eligible for this type of treatment. Because the possibility of reduction can significantly affect long term consequences, negotiating for undesignated status is often a key focus in plea discussions.

What Is an Undesignated Class 6 Felony?

An undesignated Class 6 felony, sometimes called an open ended felony, is a special category under Arizona law. At sentencing, the judge may choose not to immediately label the conviction as either a felony or a misdemeanor. Instead, the offense remains undesignated while the defendant is placed on probation.

While the offense is undesignated, it is treated as a felony for most legal purposes. This means it appears as a felony on background checks and carries felony level consequences unless and until the court changes the designation. The benefit of this arrangement is the opportunity to earn a reduction.

If the defendant successfully completes probation and complies with all court ordered conditions, the court has the discretion to designate the offense as a misdemeanor. This can significantly reduce the long term impact of the conviction. However, if probation is violated, the court may formally designate the offense as a felony and impose additional penalties.

Collateral Consequences of a Class 6 Felony

Even though Class 6 is the lowest felony level in Arizona, a conviction can carry long term consequences beyond sentencing. A felony record can appear on background checks and may affect employment opportunities, housing applications, and educational prospects.

Certain professional licenses may be impacted by a felony conviction, depending on the field and the nature of the offense. Employers in healthcare, education, finance, and government positions often conduct detailed background reviews. A felony conviction can also affect eligibility for certain state benefits and certifications.

In addition, a felony conviction can impact firearm rights under both Arizona and federal law. Immigration consequences may also apply to non-citizens, depending on the type of offense. Because these collateral effects can last long after probation or prison ends, minimizing or reducing a Class 6 felony can make a significant difference in a person’s future.

Can a Class 6 Felony Be Sealed or Set Aside?

In many cases, a Class 6 felony may qualify for record relief under Arizona law. Depending on the circumstances, a person may be eligible to have the conviction set aside or sealed after completing all sentencing requirements, including probation and payment of fines.

A set aside does not erase the conviction, but it shows that the sentence has been successfully completed and can improve how the record appears to employers and others. Record sealing, if available, can provide additional protection by limiting public access to the case. Eligibility depends on the specific offense and whether the required waiting period has passed.

If a Class 6 felony has been designated as a misdemeanor, this may improve eligibility for certain forms of record relief. Because timing and eligibility rules are strict, it is important to review the case carefully before filing any petition for record relief.

How Plea Bargains Involve Class 6 Felonies

Class 6 felonies are often central to plea negotiations in Arizona criminal cases. In some situations, prosecutors may agree to reduce a higher level felony charge down to a Class 6 felony as part of a plea agreement. This can significantly lower potential prison exposure and improve the chances of probation.

In other cases, the focus of negotiations is not just the felony class but whether the offense can be left undesignated. Securing an undesignated Class 6 felony as part of a plea agreement may create the opportunity for later reduction to a misdemeanor. This can dramatically reduce the long term impact of the conviction.

Because Class 6 felonies offer more flexibility than higher felony classes, they are often used as a compromise position between the prosecution and the defense. An experienced defense attorney will evaluate whether the plea terms truly limit long term consequences or whether additional negotiation may be possible.

How a Lawyer Helps With Class 6 Felony Charges

A criminal defense attorney plays a critical role in protecting your rights when facing a Class 6 felony charge. From the beginning of the case, a lawyer evaluates the strength of the evidence, identifies possible defenses, and determines whether the charge itself can be challenged or reduced.

An attorney also focuses on minimizing sentencing exposure. This may involve negotiating for probation instead of prison, seeking an undesignated classification, or working toward a plea agreement that limits long term consequences. In some cases, legal motions can weaken the prosecution’s case and improve negotiation leverage.

Beyond the immediate sentence, a lawyer considers the broader impact of a conviction. This includes future record sealing, restoration of rights, and protecting employment opportunities. Because even a low level felony can affect many areas of life, having experienced legal guidance can make a meaningful difference in both the short term and the long term outcome.

Conclusion

A Class 6 felony is the lowest felony classification in Arizona, but it is still a serious criminal charge. A conviction can lead to probation, prison exposure, and long term consequences that affect employment, housing, and civil rights. Understanding how Class 6 felonies are treated under Arizona law is essential when evaluating your options.

In some cases, a Class 6 felony offers flexibility that higher level felonies do not. The possibility of probation, undesignated status, or later reduction to a misdemeanor can significantly change the long term impact of a conviction. These opportunities depend on the facts of the case and effective legal strategy.

If you are facing a Class 6 felony charge in Arizona, early legal guidance is critical. A defense attorney can evaluate reduction options, negotiate strategically, and work to protect your future at every stage of the case.

Frequently Asked Questions



Is a Class 6 felony considered serious in Arizona?

Yes. Although it is the lowest felony level, a Class 6 felony is still a felony conviction. It can carry prison exposure, probation requirements, and long term consequences that affect employment and civil rights.

Can I avoid prison with a Class 6 felony?

In many first time, non-violent cases, probation may be available instead of prison. Eligibility depends on the specific charge, criminal history, and the facts of the case.

Can a Class 6 felony become a misdemeanor?

In some cases, yes. Certain Class 6 felonies can be left undesignated at sentencing and later reduced to a misdemeanor after successful completion of probation. Not all offenses qualify for this option.

How long does a Class 6 felony stay on my record?

A felony conviction remains on your criminal record unless it is reduced, set aside, or sealed. Even if designated as a misdemeanor later, the case history still exists but may appear differently on background checks.

Does a Class 6 felony affect gun rights?

Yes. A felony conviction can affect firearm rights under both Arizona and federal law. Restoration of rights may be possible in some situations, but it requires a separate legal process.

Can I seal or set aside a Class 6 felony?

Many Class 6 felonies may qualify for record relief after all sentencing terms are completed. Eligibility depends on the type of offense and whether required waiting periods have passed.

Will a Class 6 felony show up on a background check?

Yes. Unless sealed, a Class 6 felony will typically appear on criminal background checks. Reduction to a misdemeanor or record relief may change how it appears, but it does not automatically erase the case.

Should I hire a lawyer for a Class 6 felony charge?

Yes. Even though it is the lowest felony level, the consequences can be significant. A defense attorney can evaluate reduction options, negotiate for probation or undesignated status, and help protect your long term interests.