Arizona criminal charge
Aggravated harassment in Arizona
Aggravated harassment is a criminal offense under Arizona law, defined by A.R.S. § 13-2921.01. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2921.01.
What is the penalty for aggravated harassment in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 18 months (Aggravated harassment - first violation (protective order, emergency order, or condition of release) — First violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated harassment - first violation (protective order, emergency order, or condition of release) — First violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Aggravated harassment - second or subsequent violation (protective order, emergency order, or condition of release) — Second or subsequent violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated harassment - second or subsequent violation (protective order, emergency order, or condition of release) — Second or subsequent violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Aggravated harassment - prior conviction under § 13-3601 — Violation of subsection A, paragraph 3, where the person has a prior conviction of an offense included in section 13-3601 against the same victim.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Aggravated harassment - prior conviction under § 13-3601 — Violation of subsection A, paragraph 3, where the person has a prior conviction of an offense included in section 13-3601 against the same victim.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 1 year.
How is aggravated harassment classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated harassment - first violation (protective order, emergency order, or condition of release) | Class 6 Felony | First violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release. | A.R.S. § 13-2921.01B |
| Aggravated harassment - second or subsequent violation (protective order, emergency order, or condition of release) | Class 5 Felony | Second or subsequent violation of subsection A, paragraph 1, 2, or 4, involving a served court order of protection/injunction, an emergency order of protection, or a court-imposed no-contact condition of release. | A.R.S. § 13-2921.01B |
| Aggravated harassment - prior conviction under § 13-3601 | Class 5 Felony | Violation of subsection A, paragraph 3, where the person has a prior conviction of an offense included in section 13-3601 against the same victim. | A.R.S. § 13-2921.01B |
Common questions about aggravated harassment in Arizona
Is aggravated harassment a felony or a misdemeanor in Arizona?
It depends on the circumstances: aggravated harassment ranges from a Class 6 Felony to a Class 5 Felony in Arizona under A.R.S. § 13-2921.01.
Aggravated harassment - first violation (protective order, emergency order, or condition of release): Class 6 Felony (A.R.S. § 13-2921.01B) · Aggravated harassment - second or subsequent violation (protective order, emergency order, or condition of release): Class 5 Felony (A.R.S. § 13-2921.01B) · Aggravated harassment - prior conviction under § 13-3601: Class 5 Felony (A.R.S. § 13-2921.01B)
What are the penalties for aggravated harassment in Arizona?
Penalties for aggravated harassment in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 5 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers aggravated harassment?
Aggravated harassment is governed by A.R.S. § 13-2921.01 (Aggravated harassment; classification; definition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.