A misdemeanor charge can affect your record, work and future even when it is less serious than a felony. The Law Office of Joel Chorny, PLLC helps people in Tucson understand their Arizona misdemeanor charges, review the evidence and evaluate available defense options.
Serving Tucson, Pima County and clients throughout Arizona.
Arizona divides misdemeanors into three classes under A.R.S. § 13-601 . Depending on the charge, a conviction can lead to jail, fines, probation, court requirements and a criminal record.
The prosecution must prove the elements of the specific offense. A misdemeanor accusation is not a conviction, and the facts, statutory requirements and available evidence all matter.
Examples may include certain assaults, disorderly conduct, trespass, property offenses and standard DUI charges. Each is governed by its own statute, with different elements and possible penalties.
A timely review can identify upcoming court dates, potential evidence and decisions that should be discussed with a defense attorney.
The ordinary misdemeanor jail limits are found in A.R.S. § 13-707 , and general maximum fines in A.R.S. § 13-802 . Offense-specific provisions and enhancements can change the applicable consequences.
Examples can include certain forms of misdemeanor assault and disorderly conduct. Standard DUI is also generally a Class 1 misdemeanor but has special statutory penalties.
Certain reckless physical-injury assault allegations can be classified as Class 2 misdemeanors under Arizona law.
Third-degree criminal trespass and certain assault allegations are examples of offenses that may carry this classification.
Sentencing note: These are general statutory maximums, not promised or mandatory sentences. Surcharges, restitution, prior convictions and special sentencing rules can change the consequences. DUI has additional requirements under Arizona law.
The classification depends on the particular statute and alleged conduct. Some offenses may be misdemeanors in one situation and felonies in another.
Arizona distinguishes several forms of assault based on injury, mental state, apprehension and certain touching. Classification can range from Class 1 to Class 3 misdemeanor. Read the assault statute .
Certain seriously disruptive behavior, unreasonable noise and other specified conduct may constitute a Class 1 misdemeanor. Weapon-related conduct under the statute can be a felony. Read the disorderly conduct law .
Third-degree trespass involves specified knowing unlawful entry or remaining after qualifying notice or a request to leave, among other circumstances. It is a Class 3 misdemeanor. Read the trespass statute .
Some criminal damage allegations are misdemeanors, while others may be felonies depending on damage value and circumstances. Read the criminal damage statute .
Retail merchandise allegations can involve a misdemeanor or felony, depending on value, prior conduct and other statutory circumstances. Read the shoplifting statute .
Standard DUI is ordinarily a Class 1 misdemeanor, with specialized mandatory penalties, license-related consequences and other requirements. Read Arizona DUI law .
A misdemeanor defense begins with the precise charge, the statutory elements and the evidence the state intends to rely upon.
The defense may examine whether witness accounts are consistent, whether video or electronic records support the allegations, and whether searches, questioning or other law-enforcement procedures raise legal issues.
Some cases also involve disputes about intent, identification, authorization, injury or the reliability of testing.
Related practice areas include DUI and traffic offenses , domestic violence , and theft and burglary charges .
Depending on the charge and circumstances, the process may begin with a citation, summons or arrest, followed by required court appearances.
The court may address release conditions, a formal response to the charges, disclosure of evidence, pretrial proceedings and possible trial.
Some misdemeanor cases may be eligible for negotiated outcomes, diversion or other alternatives. Availability depends on the offense, history and requirements of the relevant court or prosecuting authority.
The Arizona Judicial Branch's criminal case process guide explains common stages of criminal proceedings.
Identify the statute, classification, dates and procedural requirements.
Gather relevant records, footage and communications lawfully.
Evaluate intent, identification, admissibility and other possible defenses.
Consider available motions, negotiations, diversion or trial.
Even without a lengthy jail sentence, a misdemeanor conviction may appear in background checks and affect some employment, licensing, housing or educational opportunities.
Particular charges may create additional obligations. For example, some DUI convictions can involve driving restrictions and other offense-specific consequences under A.R.S. § 28-1381 .
Consequences depend on the precise offense, conviction, personal circumstances and applicable law. A case-specific discussion is important before deciding how to proceed.
A.R.S. § 13-911 provides potential record-sealing relief for qualifying cases, including some convictions, dismissed charges, acquittals and arrests without filed charges.
For eligible convictions, the statute generally establishes a three-year waiting period for Class 1 misdemeanors and a two-year waiting period for Class 2 and Class 3 misdemeanors after the required nonmonetary sentencing conditions have been completed and the person discharged.
Other eligibility requirements, financial obligations, exclusions and disclosure exceptions also apply. Sealing is not the same as deleting the underlying record.
Learn more on the firm's Clean Your Record page .
Attorney Joel Chorny represents people facing misdemeanor and other criminal allegations in Tucson. The firm's approach includes reviewing the charge, examining available evidence and explaining relevant legal options.
Read more about Attorney Joel Chorny or contact the office to discuss your case.
Answers to common questions about Arizona misdemeanor charges.
The following official sources explain criminal classifications, sentencing, selected misdemeanor offenses and record-sealing requirements.
Three misdemeanor classes under Arizona law.
Ordinary jail maximums and relevant provisions.
General statutory fine limits by class.
Definitions and misdemeanor classifications.
Prohibited conduct and classifications.
Unlawful-entry and notice provisions.
Property damage and offense classifications.
Retail merchandise offense provisions.
DUI offenses and specialized sentencing requirements.
Waiting periods, eligibility and exclusions.
Official court guidance about criminal proceedings.
Statutes and procedures can change. These references are provided for general legal education. Consult an Arizona attorney regarding your specific circumstances.
If you have received a criminal citation, been arrested or have a scheduled court appearance, a case-specific consultation can help clarify the allegation, evidence and potential options.
177 N Church Ave, Suite 1100, Tucson, AZ 85701
General legal information only. Contacting the firm does not create an attorney-client relationship. Representation is subject to appropriate screening and a formal engagement agreement. Past results do not guarantee future outcomes.
