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Arizona statute

A.R.S. § 13-702 — First time felony offenders; sentencing; definition

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 7: Sentencing and Imprisonment, Arizona Revised Statutes.

Full text of A.R.S. § 13-702

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-702Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section. Except for those felonies involving a dangerous offense or if a specific sentence is otherwise provided, the court may increase or reduce the presumptive sentence within the ranges set by subsection D of this section. Any reduction or increase shall be based on the aggravating and mitigating circumstances listed in section 13-701, subsections D and E and shall be within the ranges prescribed in subsection D of this section. B. If a person is convicted of a felony without having previously been convicted of any felony and if at least two of the aggravating factors listed in section 13-701, subsection D apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense to an aggravated term. If a person is convicted of a felony without having previously been convicted of any felony and if the court finds at least two mitigating factors listed in section 13-701, subsection E apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense to a mitigated term. C. The aggravated or mitigated term imposed pursuant to subsection D of this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13-701, subsection D, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing. D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or aggravated sentence shall be within the range prescribed under this subsection. The terms are as follows: Felony Mitigated Minimum Presumptive Maximum Aggravated Class 2 3 years 4 years 5 years 10 years 12.5 years Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years Class 5 .5 years .75 years 1.5 years 2 years 2.5 years Class 6 .33 years .5 years 1 year 1.5 years 2 years E. The court shall inform all of the parties before sentencing occurs of its intent to increase or decrease a sentence to the aggravated or mitigated sentence pursuant this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing. F. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for abandonment or concealment of a dead body in Arizona?

As a Class 5 Felony, abandonment or concealment of a dead body carries 9 months to 24 months of incarceration and a fine of up to $150,000 (no mandatory minimum) under A.R.S. § 13-702 (first felony offense, non-dangerous; presumptive term 1.5 years).

What are the penalties for abduction of child from a state agency in Arizona?

Penalties for abduction of child from a state agency in Arizona depend on how it is classified — from a Class 1 Misdemeanor up to a Class 3 Felony — with the ranges set by A.R.S. § 13-702 and A.R.S. § 13-707; the full table of ranges by variant is published on this page.

What are the penalties for access interference in Arizona?

Penalties for access interference in Arizona depend on how it is classified — from a Class 2 Misdemeanor up to a Class 5 Felony — with the ranges set by A.R.S. § 13-702 and A.R.S. § 13-707; the full table of ranges by variant is published on this page.

What are the penalties for accidents involving death or physical injuries in Arizona?

Penalties for accidents involving death or physical injuries in Arizona depend on how it is classified — from a Class 5 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.

What are the penalties for adding poison or other harmful substance to food, drink or medicine in Arizona?

As a Class 6 Felony, adding poison or other harmful substance to food, drink or medicine carries 6 months to 18 months of incarceration and a fine of up to $150,000 (no mandatory minimum) under A.R.S. § 13-702 (first felony offense, non-dangerous; presumptive term 1 year).

What are the penalties for admitting minors to public displays of sexual conduct in Arizona?

As a Class 6 Felony, admitting minors to public displays of sexual conduct carries 6 months to 18 months of incarceration and a fine of up to $150,000 (no mandatory minimum) under A.R.S. § 13-702 (first felony offense, non-dangerous; presumptive term 1 year).

What are the penalties for aggravated assault in Arizona?

Penalties for aggravated assault in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.

What are the penalties for aggravated criminal damage in Arizona?

Penalties for aggravated criminal damage in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 3 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.

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.

What are the penalties for aggravated luring a minor for sexual exploitation in Arizona?

As a Class 2 Felony, aggravated luring a minor for sexual exploitation carries 4 years to 10 years of incarceration and a fine of up to $150,000 (no mandatory minimum) under A.R.S. § 13-702 (first felony offense, non-dangerous; presumptive term 5 years).

This reference is informational and is not legal advice.