Arizona Criminal Defense
Facing criminal charges in Arizona? The decisions you make after an arrest shape everything that follows. Arizona’s criminal laws are strict — a conviction can result in mandatory jail time, heavy fines, a permanent criminal record, and consequences that affect your employment, housing, and civil rights.
Available 24/7 · Free & Confidential Consultation
Arizona: (602) 767-5767 · Email: contact@orangelaw.us
Tell us about your situation. We respond within 1 hour.
Being charged with a crime in Arizona is a serious event that demands immediate attention. Arizona criminal law is among the strictest in the nation — the state imposes mandatory minimum sentences, has no expungement option (only “set aside” under A.R.S. § 13-907), and uses a standard of “impaired to the slightest degree” for DUI cases, meaning even trace amounts of alcohol or drugs can result in a conviction.
Arizona’s criminal court system handles hundreds of thousands of cases each year across 15 counties. The process moves quickly: after an arrest, you must be brought before a magistrate within 48 hours. The decisions made in the first 48 hours — what you say, whether you consent to searches, whether you request an attorney — directly affect the outcome of your case.
A criminal defense attorney’s role is to protect your constitutional rights, challenge the prosecution’s evidence, negotiate with prosecutors, and — when necessary — take your case to trial. The right attorney can mean the difference between a dismissal, a reduced charge, and a conviction.
Arizona’s court system has three levels. Knowing which court handles your case affects your defense strategy.
Courts of limited jurisdiction that handle misdemeanors, criminal traffic offenses (including most DUIs), small claims, and orders of protection. Justice of the Peace judges are elected — they do not need to be attorneys. These courts handle the initial stages of many criminal cases.
Courts of general jurisdiction that hear all felony cases, serious misdemeanors, and appeals from Justice and Municipal courts. Every Arizona county has at least one Superior Court judge. Felony charges — including drug trafficking, assault, theft over $1,000, and violent crimes — are heard here.
Appellate courts that review decisions from Superior Court. Division 1 (Phoenix) serves northern and central Arizona; Division 2 (Tucson) serves southern Arizona. The Arizona Supreme Court handles death penalty appeals and cases involving elected officials.
The first 48 hours shape the trajectory of your entire case. Here is what you should do.
You have a constitutional right under the Fifth Amendment not to answer investigators’ questions without an attorney present. Arizona police are trained to obtain statements — do not give one. Politely decline to answer questions and request an attorney. Being silent is not an admission of guilt.
Before you say anything else, before bond, before a magistration appearance — call a criminal defense lawyer. Early legal intervention changes what gets charged, what gets said in your case, and what your bond conditions look like. A lawyer can also protect you from making statements that could be used against you.
In Arizona, after arrest you will be booked and held until a magistrate determines bail. With an attorney present at your initial appearance, the bond amount can sometimes be reduced, and unreasonable conditions can be challenged before they are imposed. Arizona uses a release-on-recognition system for many offenses.
Save text messages, call logs, surveillance footage, witness names, and any timeline of events. Evidence disappears fast. The defense investigation should start before the prosecution’s does. Tell your attorney everything — communications with your lawyer are confidential.
We defend clients facing misdemeanor and felony charges throughout Arizona.
Arizona’s DUI laws are among the strictest in the country. Under A.R.S. § 28-1381, you can be charged for being “impaired to the slightest degree” — even with a BAC below 0.08%. We defend first-time DUI, extreme DUI (0.15%+), super extreme DUI (0.20%+), aggravated DUI, and drug-related DUI cases.
Arizona drug laws are severe. Possession of any drug defined under A.R.S. § 13-3401 — including marijuana concentrates, methamphetamine, cocaine, and prescription medications without a valid prescription — can result in felony charges. We handle possession, distribution, manufacturing, and trafficking cases.
Under A.R.S. § 13-1203, assault ranges from a Class 3 misdemeanor to a felony depending on intent and injury. Aggravated assault (A.R.S. § 13-1204) carries mandatory prison time. We handle assault, domestic violence, aggravated assault, and homicide cases.
Theft classification in Arizona depends on the value of property taken. Petty theft (under $1,000) is a misdemeanor; theft over $1,000 is a felony. We handle shoplifting, burglary, criminal trespass, fraud, and embezzlement cases.
Federal charges — including federal drug trafficking, wire fraud, mail fraud, tax evasion, and crimes on federal land — carry mandatory minimum sentences and are prosecuted by Assistant U.S. Attorneys. We defend clients in U.S. District Court for the District of Arizona.
Arizona sex crime allegations — including sexual assault (A.R.S. § 13-1406), sexual exploitation of a minor, and indecent exposure — carry devastating consequences including sex offender registration. These cases require aggressive, discreet defense.
Arizona classifies felonies into six classes. Sentencing ranges below reflect prison terms for a first offense without aggravating or mitigating factors. Source: A.R.S. § 13-701, Arizona Supreme Court Sentencing Charts (2025-2026).
| Class | Prison Range (Years) | Fine (Max) | Examples |
|---|---|---|---|
| Class 1 Felony | LIFE or DEATH | $150,000 | First-degree murder, child sex trafficking |
| Class 2 Felony | 3 – 12.5 years | $150,000 | Manslaughter, sexual assault, kidnapping |
| Class 3 Felony | 2 – 8.75 years | $150,000 | Aggravated DUI, burglary, arson |
| Class 4 Felony | 1 – 3.75 years | $150,000 | Drug possession, forgery, theft $4K-$25K |
| Class 5 Felony | 0.5 – 2.5 years | $150,000 | Credit card fraud, theft $2K-$4K |
| Class 6 Felony | 0.25 – 1.5 years | $150,000 | Criminal trespass, theft $1K-$2K |
Source: Arizona Revised Statutes § 13-701; Arizona Supreme Court Criminal Code Sentencing Provisions 2025-2026. Actual sentences vary based on prior record, aggravating/mitigating factors, and judicial discretion.
Misdemeanors carry jail time, fines, and probation. Source: A.R.S. § 13-707, § 13-802.
| Class | Jail (Max) | Fine (Max) | Probation | Examples |
|---|---|---|---|---|
| Class 1 Misdemeanor | 6 months | $2,500 | 3 years | DUI, assault, theft under $1,000 |
| Class 2 Misdemeanor | 4 months | $750 | 2 years | Reckless driving, criminal trespass (3rd degree) |
| Class 3 Misdemeanor | 30 days | $500 | 1 year | Disorderly conduct, minor assault |
| Petty Offense | No jail | $300 | N/A | Minor traffic violations, trespassing |
Source: Arizona Revised Statutes § 13-707, § 13-802. A person convicted of the same misdemeanor within two years is sentenced for the next higher class.
Arizona has some of the toughest DUI laws in the nation. Understanding the penalties is critical.
BAC 0.08% or higher, OR “impaired to the slightest degree.”
BAC 0.15% or higher.
BAC 0.20% or higher.
Felony DUI — 3rd offense within 84 months, DUI with child under 15, or driving on suspended license.
Note: Arizona has no expungement. A DUI conviction stays on your record permanently — though it may be “set aside” under A.R.S. § 13-907 after completing all terms of the sentence.
Unlike most states, Arizona criminalizes driving while “impaired to the slightest degree” under A.R.S. § 28-1381(A)(1). This means you can be convicted of DUI even if your BAC is below 0.08% — if the prosecution proves your ability to drive was impaired at all. Additionally, Arizona has a “per se” drug DUI law: any metabolite of a controlled substance in your body while driving is a crime, regardless of whether you were actually impaired.
Criminal defense is not a part-time practice. It requires focus, experience, and a willingness to go to trial.
Board Certification by the Arizona Board of Legal Specialization is the highest credential a criminal defense attorney can hold. Fewer than 54 attorneys in the entire state hold this certification. Our team includes Board Certified specialists who meet the rigorous requirements for this designation.
We have represented clients in every Arizona county — from Justice Courts to the Arizona Supreme Court. Our attorneys have handled thousands of criminal cases, including high-profile matters covered by local and national media. We know the prosecutors, the judges, and the local court systems.
We investigate every aspect of your case — from the traffic stop to the evidence collection to the prosecution’s chain of custody. We file motions to suppress illegally obtained evidence, challenge witness credibility, and negotiate with prosecutors for charge reductions. When the prosecution won’t offer a fair deal, we take the case to trial.
Every case follows a structured process — from initial investigation through resolution.
We review police reports, body camera footage, breathalyzer calibration records, witness statements, and any surveillance video. We identify procedural errors, constitutional violations, and weaknesses in the prosecution’s evidence.
We file motions to suppress evidence obtained through illegal searches, challenges to traffic stops, and motions to dismiss charges that lack probable cause. Many cases are resolved at this stage — before trial.
We negotiate with prosecutors for reduced charges, alternative sentencing, diversion programs, or dismissal. Arizona prosecutors consider the strength of the defense, the defendant’s record, and the specific circumstances of the case.
When a fair resolution isn’t possible through negotiation, we take the case to trial. Our attorneys are experienced trial lawyers who present compelling defenses, cross-examine witnesses, and advocate for acquittal.
Common questions about criminal defense in Arizona.
Time matters. Contact us now for a free, confidential consultation with a Board Certified criminal defense attorney.
This is attorney advertising. The information on this website is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading or using the information on this website. Results depend on the specific facts of each case. Past results do not guarantee future outcomes. Orange Law is a licensed law firm in the State of Arizona.
