Arizona Criminal Defense FAQs

Criminal defense costs in Arizona vary widely depending on whether you’re facing a misdemeanor or felony charge. At Matthew Lopez Law, most misdemeanor cases — including DUI, domestic violence, and disorderly conduct — can be started with very little money down. We offer affordable payment plans that most other firms don’t match. Felony cases such as drug charges and sex crimes are priced competitively with the market. Call us for a free consultation to get an exact quote for your situation.

First, exercise your right to remain silent under the Fifth Amendment. Do not answer questions from police beyond providing your name and identification. Do not consent to searches. Request an attorney immediately. Do not discuss your case with anyone in jail — calls are recorded. Contact a criminal defense lawyer as soon as you’re able to. The earlier you get legal representation, the more options your attorney has to protect your rights and build your defense.

In Arizona, misdemeanors are classified as Class 1, 2, or 3 under ARS § 13-707. A Class 1 misdemeanor carries up to 6 months in jail and $2,500 in fines. Felonies range from Class 6 (the least serious) to Class 1 and carry potential prison time of 4 months to life. The classification of your charge determines sentencing ranges, whether you face jail or prison, and the long-term impact on your record. Some charges — like certain drug offenses — can be charged as either a misdemeanor or felony depending on the circumstances.

Under ARS § 13-704, a “dangerous” offense is any felony that involves the use or threatening exhibition of a deadly weapon or dangerous instrument, or that results in serious physical injury to another person. This designation dramatically increases penalties — dangerous felonies carry mandatory prison time with no possibility of probation or early release. For example, a non-dangerous Class 3 felony might result in probation, but a dangerous Class 3 felony carries a presumptive 7.5 years in prison. If your charge has a dangerous designation, you need an aggressive defense immediately.

You absolutely do. Arizona misdemeanors carry up to 6 months in jail, thousands in fines, a permanent criminal record, and consequences that follow you for years — lost jobs, denied housing, immigration issues, and more. Prosecutors don’t go easy on you just because it’s “only” a misdemeanor. An experienced criminal defense attorney knows the local prosecutors, the judges, and the best strategies to get charges reduced or dismissed. At Matthew Lopez Law, we handle high-volume misdemeanor cases every day across Maricopa County and offer affordable payment plans so cost isn’t a barrier to getting real legal help.

You have the legal right to represent yourself, but doing so in a criminal case is a serious mistake. Prosecutors handle hundreds of cases — they know every procedural trick, every sentencing enhancement, and every way to get a conviction. They will not go easy on you because you don’t have a lawyer. In fact, self-represented defendants often receive harsher outcomes because they miss deadlines, fail to file critical motions, and don’t know how to negotiate. Even a “simple” misdemeanor can have consequences that follow you for life. Hiring an experienced criminal defense attorney is the single best decision you can make for your case.

Your first court appearance is called an arraignment. For misdemeanors, this typically happens at a municipal or justice court in the jurisdiction where you were cited or arrested. For felonies, you’ll appear in Maricopa County Superior Court. At arraignment, the judge reads the charges against you, advises you of your rights, and asks for a plea. Your attorney can enter a “not guilty” plea on your behalf and request discovery — the evidence the prosecution has against you. This is not a trial. No witnesses testify. Having an attorney present at arraignment is critical because early plea offers and case strategy begin here.

Bail amounts in Arizona depend on the severity of the charge, your criminal history, and whether the court considers you a flight risk or danger to the community. Standard misdemeanor bail in Maricopa County typically ranges from $500 to $5,000. Felony bail can range from $5,000 to $500,000+ for serious offenses. You can post cash bail for the full amount (refunded after the case concludes), use a bail bondsman for approximately 10% of the bail amount (non-refundable), or use property as collateral. Some defendants are released on their own recognizance (OR) with no bail required.

If you fail to appear for a scheduled court date, the judge will issue a bench warrant for your arrest under ARS § 13-2507. You can be picked up at any time — during a traffic stop, at work, or at your home. For misdemeanor cases, failing to appear is an additional Class 1 misdemeanor charge. For felony cases, it’s a Class 5 felony. Your bond may be revoked, and you’ll likely sit in jail until a new hearing is set. If you’ve already missed a date, contact an attorney immediately — in many cases, we can file a motion to quash the warrant and get you a new court date without you being arrested.

Timelines vary based on complexity and charge severity. Most misdemeanor cases resolve within 30 to 90 days. Felony cases in Maricopa County Superior Court typically take 4 to 12 months, though complex cases involving multiple defendants, extensive forensic evidence, or sex crime allegations can take over a year. Arizona law requires that misdemeanor trials begin within 150 days and felony trials within 180 days of arraignment under Rule 8, Arizona Rules of Criminal Procedure — unless the defense waives this right for strategic reasons.

Not necessarily. Many first-time felony offenders in Arizona are eligible for probation, especially for non-dangerous offenses. Under ARS § 13-901, the court may suspend sentencing and grant probation for most non-dangerous felonies if you have no prior felony convictions. Drug possession cases have additional protections under Proposition 36. However, dangerous offenses, sex crimes requiring registration, and certain drug sales charges carry mandatory prison terms regardless of criminal history. The difference between probation and prison often comes down to the quality of your defense and how aggressively your attorney negotiates.

Maricopa County has a multi-level court system. Misdemeanor cases are handled by municipal courts (Phoenix, Tempe, Scottsdale, Mesa, Chandler, Glendale, etc.) and justice courts in unincorporated areas. Felony cases are prosecuted in Maricopa County Superior Court, located in downtown Phoenix. DUI cases may be handled at either level depending on where you were arrested and whether it’s a misdemeanor or felony DUI. Matthew Lopez Law represents clients in every criminal court across Maricopa County, as well as courts in Pinal County (Apache Junction), La Paz County (Parker), and Mohave County (Lake Havasu City).

A first-offense standard DUI under ARS § 28-1381 is a Class 1 misdemeanor. Penalties include a minimum of 10 consecutive days in jail (9 may be suspended), fines and fees totaling approximately $1,500+, a 90-day license suspension, mandatory alcohol screening and treatment, an ignition interlock device for 12 months, and possible community service. An Extreme DUI (BAC of 0.15+) under ARS § 28-1382 carries a minimum 30 days in jail. A Super Extreme DUI (BAC of 0.20+) carries a minimum 45 days. Arizona has some of the toughest DUI laws in the country — do not go to court without a DUI lawyer.

It depends on the facts of your case, but yes — it’s possible. A reduction to reckless driving (sometimes called a “wet reckless”) is a common negotiation strategy in Arizona DUI cases, particularly when the BAC is close to the .08 legal limit, there are issues with the traffic stop or breath/blood testing procedures, or the prosecution’s evidence has weaknesses. A reckless driving conviction under ARS § 28-693 is a Class 2 misdemeanor with significantly lighter penalties than a DUI and no mandatory ignition interlock requirement. An experienced DUI attorney can evaluate whether a reduction is realistic in your case.

Arizona is an “implied consent” state under ARS § 28-1321. By driving on Arizona roads, you’ve already consented to chemical testing if an officer has reasonable grounds to believe you’re impaired. Refusing a breath, blood, or urine test results in an automatic 12-month license suspension for a first refusal — regardless of whether you’re ultimately convicted of DUI. The officer can also obtain a warrant for a forced blood draw. In most cases, refusing the test makes your situation worse, not better. If you’ve been arrested for DUI — whether you refused testing or not — call a lawyer immediately.

An ignition interlock device (IID) is a breathalyzer installed in your vehicle that requires you to blow into it before the engine will start. If alcohol is detected, the car won’t start. Under ARS § 28-3319, a first-time DUI conviction requires an IID for 12 months. Extreme and Super Extreme DUI convictions extend this to 18 months or more. You’re responsible for installation costs (typically $75–$150) and monthly monitoring fees ($60–$80). The IID must be installed on every vehicle you operate — not just vehicles you own.

Yes. In Arizona, any domestic violence conviction — even a misdemeanor — appears on criminal background checks and can affect employment, housing, child custody, and your ability to own firearms under federal law (18 U.S.C. § 922(g)(9)). Arizona domestic violence offenses under ARS § 13-3601 are not standalone charges but rather a “designation” added to an underlying offense like assault, disorderly conduct, or criminal damage. This means the DV designation follows the conviction. Getting the charge reduced, dismissed, or later set aside is essential to protecting your future.

An Order of Protection (OOP) under ARS § 13-3602 is a civil court order that restricts contact between the defendant and the alleged victim in a domestic violence case. Violating an OOP is a separate criminal offense — a Class 1 misdemeanor under ARS § 13-2810 — on top of whatever charges you already face. An OOP can force you out of your own home, restrict access to your children, and prohibit firearm possession. It’s issued based on the petitioner’s allegations alone, without the accused being present. If an OOP has been filed against you, do not contact the other party under any circumstances and get a lawyer involved immediately.

In Arizona, the decision to prosecute is made by the state — not the victim. Once law enforcement files a report and the prosecutor’s office picks up the case, the alleged victim cannot simply “drop the charges.” Prosecutors routinely move forward with DV cases even when the victim is uncooperative or recants. That said, a victim’s reluctance to cooperate can affect the strength of the prosecution’s case, and an experienced domestic violence defense attorney can use evidentiary weaknesses to negotiate a reduction or dismissal.

Yes — under federal law. The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This is a lifetime ban under federal law, and it applies even to Arizona convictions where the underlying charge is something like disorderly conduct with a DV designation. Arizona state law may not independently prohibit firearm possession for misdemeanor DV, but the federal ban still applies and is enforced. A set aside under ARS § 13-905 may restore state-level rights but does not guarantee restoration of federal firearm rights.

Arizona’s drug laws have shifted significantly. Proposition 207 legalized recreational marijuana for adults 21+ (up to 1 oz or 5g of concentrate). For other drugs, Proposition 36 (passed in 2024) restored mandatory treatment-first sentencing for first and second personal-use possession offenses, meaning probation and treatment rather than prison. However, possession of amounts above the statutory “threshold” under ARS § 13-3401 is presumed to be for sale — a much more serious felony. For example, possessing 9+ grams of methamphetamine or any amount of fentanyl intended for sale can result in a Class 2 felony with mandatory prison time.

Arizona’s threshold amounts under ARS § 13-3401(36) determine whether drug possession is treated as personal use or presumed for sale. Key thresholds include: 9 grams for methamphetamine and amphetamine, 9 grams for cocaine, 1 gram for heroin, 2 pounds (or 12 plants) for marijuana, 50 milliliters for PCP, and 9 grams or 50 dosage units for other narcotic drugs. Possession at or above threshold amounts results in a presumption of intent to sell — a Class 2 felony under ARS § 13-3408 that carries mandatory prison time, even for first-time offenders. If you’re facing drug charges near or above threshold, you need a drug defense attorney immediately.

Recreational marijuana is legal for adults 21 and older in Arizona under Proposition 207 (the Smart and Safe Arizona Act). Adults can possess up to 1 ounce of marijuana or 5 grams of concentrate and grow up to 6 plants at home. However, marijuana remains illegal under federal law, and there are still ways to catch criminal charges: possession by anyone under 21, possession over the legal limit, consumption in public or while driving, possession on school grounds, and distribution without a license are all still criminal offenses. A DUI involving marijuana impairment is prosecuted the same as an alcohol DUI.

Arizona has aggressively targeted fentanyl. Simple possession of any amount for personal use is a felony, though Proposition 36 may allow treatment-first sentencing for first offenses. Possession for sale — determined by quantity, packaging, scales, cash, or other indicators — is a Class 2 felony carrying 3 to 12.5 years in prison for a first offense. If the amount exceeds threshold or results in death, penalties escalate dramatically. Arizona prosecutors treat fentanyl cases as a top priority. An experienced drug defense lawyer is critical in these cases to challenge the evidence and fight for the best possible outcome.

If convicted of a qualifying sex offense under ARS § 13-3821, yes — registration is mandatory. Arizona’s sex offender registration applies to offenses including sexual assault, sexual conduct with a minor, indecent exposure (felony), child molestation, sexual exploitation of a minor, and others. Registration is lifetime for most offenses, though some lower-tier offenses allow for petition to terminate after 10 years. Failure to register is a Class 4 felony. Sex crime accusations must be fought aggressively from day one — the consequences of a conviction are permanent and devastating. Talk to a sex crimes defense attorney now.

Do not talk to police. Do not talk to the accuser. Do not try to “clear things up” on your own. False accusations of sex crimes happen more often than most people realize, particularly in custody disputes, relationship breakups, and situations involving alcohol. Anything you say — even something innocent — can be twisted and used against you. Contact a sex crimes defense attorney before speaking with anyone. Your lawyer can advise you on how to preserve evidence that supports your innocence, such as text messages, call logs, surveillance footage, and witness statements. Time is critical — evidence disappears quickly.

Sexual assault under ARS § 13-1406 is a Class 2 felony in Arizona. For a first offense involving an adult victim, the presumptive sentence is 7 years in prison with a range of 5.25 to 14 years. If the victim is under 15, it becomes a “dangerous crime against children” (DCAC) with a mandatory minimum of 13 years and up to life in prison — with no possibility of early release, pardon, or commutation until the minimum is served. These cases carry the most severe penalties in Arizona’s criminal code and demand an immediate, aggressive defense strategy.

Yes. Arizona now allows expungement of certain criminal records under ARS § 13-911, which took effect in January 2023. If you’ve completed your sentence, paid all fines and restitution, and meet the eligibility requirements, you may petition the court to seal your record. Eligible offenses include most misdemeanors and many felonies, though serious violent crimes and sex offenses involving minors are excluded. A “set aside” under ARS § 13-905 is also available for most convictions and can be a faster path to clearing your record.

A set aside under ARS § 13-905 dismisses the judgment of guilt but does not seal the record — meaning the conviction still appears on background checks with a notation that it was “set aside.” An expungement under ARS § 13-911 goes further by actually sealing the record, making it invisible on most background checks. Expungement has stricter eligibility requirements and waiting periods (ranging from 2 to 10 years depending on the offense class), while a set aside can be filed as soon as you’ve completed your sentence and probation. Many people pursue a set aside first and then apply for expungement later.

An expungement under ARS § 13-911 automatically restores your civil rights, including the right to possess firearms under Arizona state law — provided the offense is eligible. For felony convictions, you must also meet the waiting period requirements. However, federal firearm restrictions may still apply in certain situations, particularly for domestic violence convictions under 18 U.S.C. § 922(g)(9) and felony convictions under 18 U.S.C. § 922(g)(1). Consult with an attorney to understand whether your specific conviction qualifies for full firearm rights restoration at both the state and federal level.

Look for a firm with deep experience in Arizona criminal courts, a proven track record in the specific type of charge you’re facing, transparent pricing, and a team that actually communicates with you. Matthew Lopez Law has defended thousands of criminal cases across the Phoenix Metro area for over 16 years. Our team includes former prosecutors who know how the other side thinks, military veterans, and a Harvard-educated attorney. We handle everything from DUI and domestic violence misdemeanors to complex drug and sex crime felonies — and we offer the most affordable payment plans in the market.

A free consultation with Matthew Lopez Law is a no-obligation conversation where we review the facts of your case, explain the charges you’re facing, outline your legal options, and give you an honest assessment of what to expect. We’ll discuss potential defense strategies and give you a clear quote on what representation costs. You don’t have to hire us after the consultation. Our goal is to make sure you understand your situation and can make an informed decision — whether you hire us or not.