Probation Eligible Crimes In Arizona
Felony Probation Eligible If No Prior Felony Conviction
A defendant may be eligible for probation for a felony if they don't have any prior felony criminal convictions. A defendant cannot be placed on probation if they have any prior felony convictions in Arizona or any other State where the conviction would have been considered a felony in Arizona. It is up to the judge to make the final decision to place a defendant on probation if they plead guilty or are found guilty at a trial.
A Felony Offense is commonly defined as a serious offense that requires someone to go to Prison for at least a year,* While a misdemeanor is a minor criminal offense which at the most may require some jail time and a fine.
The length of probation is up to the judge, but the maximum length depends on the class of Felony. The maximum length of probation for a felony varies between three (3) to seven (7) years based on the nature of the offense and classification of the felony.
Mandatory Prison Offenses Not Eligible For Probation:
Dangerous Offenses: Crimes that involve a weapon or serious physical injury to a victim. (Aggravated Assault, Homicide, Burglary in the 1st Degree, etc.)
Dangerous Crimes Against Children: Crimes committed against minors under 14 years of age. (e.g. sexual conduct with a minor, molestation of a child).
Drug Sales: Any sales offense involving Methamphetamine or other Drugs over a certain amount.
Defendants with any Prior Felony Conviction: Any crime that is a felony in Arizona or would be considered a felony in Arizona. Defendants that have a criminal conviction within ten (10) face mandatory and longer prison sentences.
This is a general summary of the types of offenses that make someone eligible or not eligible for probation for a felony offense. It is always best to consult with an Attorney to make an exact determination if someone is eligible for probation based on the circumstances of the case.
*A class 6 Felony is the lowest class Felony in Arizona. It is punishable between one third (1/3) of a year up to two (2) years prison with a normal presumptive sentence of one (1) year.