Arizona criminal charge
Failure to appear in the second degree in Arizona
Failure to appear in the second degree is a criminal offense under Arizona law, defined by A.R.S. § 13-2506. 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. § 13-2506.
What is the penalty for failure to appear in the second degree in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Failure to appear - required by law for misdemeanor/petty offense — Applies when a person required by law to appear in connection with a misdemeanor or petty offense knowingly fails to appear as required, per subsection A.1.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Failure to appear - required by law for misdemeanor/petty offense — Applies when a person required by law to appear in connection with a misdemeanor or petty offense knowingly fails to appear as required, per subsection A.1.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 4 months (Failure to appear - written promise or notice to appear — Applies when a person who gave a written promise to appear or was personally served a written notice to appear under section 13-3903 fails to appear, per subsection A.2.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Failure to appear - written promise or notice to appear — Applies when a person who gave a written promise to appear or was personally served a written notice to appear under section 13-3903 fails to appear, per subsection A.2.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
Applies to current.
How is failure to appear in the second degree classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to appear - required by law for misdemeanor/petty offense | Class 1 Misdemeanor | Applies when a person required by law to appear in connection with a misdemeanor or petty offense knowingly fails to appear as required, per subsection A.1. | A.R.S. § 13-2506B |
| Failure to appear - written promise or notice to appear | Class 2 Misdemeanor | Applies when a person who gave a written promise to appear or was personally served a written notice to appear under section 13-3903 fails to appear, per subsection A.2. | A.R.S. § 13-2506B |
Common questions about failure to appear in the second degree in Arizona
Is failure to appear in the second degree a felony or a misdemeanor in Arizona?
It depends on the circumstances: failure to appear in the second degree ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in Arizona under A.R.S. § 13-2506.
Failure to appear - required by law for misdemeanor/petty offense: Class 1 Misdemeanor (A.R.S. § 13-2506B) · Failure to appear - written promise or notice to appear: Class 2 Misdemeanor (A.R.S. § 13-2506B)
What are the penalties for failure to appear in the second degree in Arizona?
Penalties for failure to appear in the second degree in Arizona depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by A.R.S. § 13-707; the full table of ranges by variant is published on this page.
Which Arizona statute covers failure to appear in the second degree?
Failure to appear in the second degree is governed by A.R.S. § 13-2506 (Failure to appear in the second degree; classification).
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.