Arizona criminal charge
Illegal entry from foreign nation in Arizona
Illegal entry from foreign nation is a criminal offense under Arizona law, defined by A.R.S. § 13-4295.01. 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. § 13-4295.01.
What is the penalty for illegal entry from foreign nation in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Illegal entry from foreign nation - first offense — A violation of subsection A is a class 1 misdemeanor when the person has no prior conviction under this section.; 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 (Illegal entry from foreign nation - first offense — A violation of subsection A is a class 1 misdemeanor when the person has no prior conviction under this section.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Illegal entry from foreign nation - subsequent offense — A violation of subsection A is a class 6 felony if the person has been previously convicted of a violation of this section.; 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 (Illegal entry from foreign nation - subsequent offense — A violation of subsection A is a class 6 felony if the person has been previously convicted of a violation of this section.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to current.
How is illegal entry from foreign nation classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Illegal entry from foreign nation - first offense | Class 1 Misdemeanor | A violation of subsection A is a class 1 misdemeanor when the person has no prior conviction under this section. | A.R.S. § 13-4295.01F |
| Illegal entry from foreign nation - subsequent offense | Class 6 Felony | A violation of subsection A is a class 6 felony if the person has been previously convicted of a violation of this section. | A.R.S. § 13-4295.01F |
Common questions about illegal entry from foreign nation in Arizona
Is illegal entry from foreign nation a felony or a misdemeanor in Arizona?
It depends on the circumstances: illegal entry from foreign nation ranges from a Class 1 Misdemeanor to a Class 6 Felony in Arizona under A.R.S. § 13-4295.01.
Illegal entry from foreign nation - first offense: Class 1 Misdemeanor (A.R.S. § 13-4295.01F) · Illegal entry from foreign nation - subsequent offense: Class 6 Felony (A.R.S. § 13-4295.01F)
What are the penalties for illegal entry from foreign nation in Arizona?
Which Arizona statute covers illegal entry from foreign nation?
Illegal entry from foreign nation is governed by A.R.S. § 13-4295.01 (Illegal entry from foreign nation; affirmative defense; probable cause to arrest; prospective applicability; 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.