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Can I Get Probation for a Felony Offense in Arizona?

Posted by Shawn B. Hamp | Oct 20, 2015 | 0 Comments

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.

About the Author

Shawn B. Hamp

President and lead counsel for The Hamp Law Offices, LLC (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...


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