First steps
- Find the class of the charge on the citation or complaint.
- Note the court and the date of your first appearance or arraignment.
- Decide whether to hire a lawyer; for most misdemeanors one is not appointed.
- Keep a copy of every paper and follow any release conditions.
A misdemeanor charge can feel minor next to a felony, but in Arizona it can still mean months in jail, fines, probation and a record that shows up in background checks. Many misdemeanor defendants also discover that the court will not appoint a lawyer for them. This page explains the classes, the maximum sentences and the choices that follow.
The three classes
Arizona divides misdemeanors into three classes. A.R.S. 13-707 sets the maximum jail term for each:
| Class | Maximum jail | Examples of how it appears |
|---|---|---|
| Class 1 | Six months | Standard DUI and extreme DUI are class 1 |
| Class 2 | Four months | Written on the complaint as a class 2 misdemeanor |
| Class 3 | Thirty days | The least serious misdemeanor class |
Jail for a misdemeanor is served in a county or city jail, not state prison. Fines, surcharges, probation and other conditions can be added, and specific statutes such as the DUI laws set mandatory minimums that apply regardless of the general maximum.
Repeat offenses
Under 13-707, an adult convicted of a misdemeanor or petty offense, other than a traffic offense, who has been convicted of the same offense within the previous two years is sentenced as if the offense were the next higher class. Time spent in custody during those two years does not count toward the two-year period. DUI has its own repeat-offense rules, based on an 84-month window.
Will I get an appointed lawyer?
Often not. According to the Arizona Judicial Branch, the court appoints a lawyer for defendants who cannot afford one in felony cases, but not for most misdemeanors unless a bond is set that the person cannot post. Public Defender or Private Attorney: How It Works in Arizona explains the difference.
Should I hire a lawyer for a misdemeanor?
That depends on the charge, your record and what is at stake beyond the sentence itself. Things that often weigh toward hiring a lawyer:
- a mandatory minimum jail term, as with DUI;
- effects on a professional license, a job that involves driving or a background check;
- immigration status, where criminal convictions can have serious consequences;
- a prior record, which can raise the class of a repeat offense;
- a charge you believe is wrong on the facts.
A consultation can help you decide even if you end up handling a simple matter yourself. The questions to ask are in Questions to Ask at Your First Consultation With a Defense Lawyer.
What to expect in court
Most misdemeanor cases in Phoenix are heard in city or justice courts. The process follows the same basic steps described in What Happens After an Arrest in Phoenix: an appearance where you learn the charges and your rights, an arraignment where you enter a plea, then pretrial proceedings and, if needed, a trial. Whether a jury trial is available depends on the charge; for DUI the statute guarantees it on request.
Convictions from other states
Section 13-707 also says that a conviction in another state for an offense that would be a misdemeanor or petty offense in Arizona counts for these rules, and so do convictions under Arizona’s older criminal codes. If you have a record elsewhere, tell your lawyer; it can change the class of a repeat offense.
Serving a jail sentence
The statute allows the court to order that a person sentenced to jail for a misdemeanor not be released on any basis until the sentence has been served. In practice, courts and jails in the Phoenix area handle scheduling, work release and similar arrangements differently, so ask your lawyer how the court handling your case usually proceeds before you agree to any plea that includes jail.
Your record and background checks
A misdemeanor conviction appears in criminal history checks unless it is later set aside or sealed. If your job, license or housing depends on a background check, raise it with your lawyer early, because it may affect which outcome is worth pursuing.
Options other than trial
Depending on the charge and the court, options may include a plea to a lesser charge, a deferred or diversion program, or dismissal if the evidence is weak. These are not rights; they depend on the prosecutor, the court and your history. A lawyer who regularly practices in the court handling your case will know which options are realistic.
After the case
A misdemeanor conviction can often be set aside after the sentence is completed, and records of a class 1 misdemeanor can be sealed three years after the sentence is completed, or two years for class 2 and 3. See Setting Aside a Conviction in Arizona and Sealing Criminal Records in Arizona.
Tip: Pay attention to the class printed on the charge. It sets the maximum sentence, the sealing waiting period and often how seriously the case should be taken.