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PENALTIES FOR MISDEMEANORS
§ 13-707, § 13-802
| Class | Jail-Maximum | Fines Before Surcharges | |
|---|---|---|---|
| 1 | 6 months | Up to $2,500 (persons) | Up to $20,000 (enterprises) |
| 2 | 4 months | Up to $750 (persons) | Up to $10,000 (enterprises) |
| 3 | 30 days | Up to $500 (persons) | Up to $2,000 (enterprises) |
| Petty Offense | No Jail | Up to $300 (persons) | Up to $1,000 (enterprises) |
A.R.S. § 13-707(B) provides that a person convicted of the same misdemeanor or petty offense within two years of the date of the present offense shall be sentenced for the next higher class of offense for which the person currently stands convicted.
A.R.S. §13-824 provides that the court may order a defendant convicted of a misdemeanor to perform community restitution in lieu of payment of all or part of a fine, a fee, assessment or incarceration cost (but not a surcharge) if the court finds the defendant is unable to pay all or part of the fine, fee, assessment or incarceration cost. The amount of community restitution is credited at $10 per hour toward the monetary obligation.
PROBATION RANGES—§ 13-902
class 1 misdemeanor, up to three years
class 2 misdemeanor, up to two years
class 3 misdemeanor, up to one year
Persons with outstanding restitution payments are subject to an extension in their probationary period of up to two years for a misdemeanor.
DUI:
All DUIs carry mandatory incarceration periods and mandatory fines depending on the level of alcohol in the person’s body.
For a conviction of a DUI offense pursuant to § 28-1381 or extreme DUI offense pursuant to § 28-1382, the term of probation is up to five years
DOMESTIC VIOLENCE OFFENSES—§ 13-3601
Pursuant to § 13-3601.01, the judge must order a person convicted of a misdemeanor domestic violence offense to complete a domestic violence offender treatment program, unless the person previously has completed a program as ordered and the judge deems alternative sanctions to be more appropriate. On conviction of a misdemeanor domestic violence offense, if a person within a period of 60 months has previously been convicted of a domestic violence offense, as defined in § 13-3601, or is convicted in another jurisdiction of an act that if committed in this state would be a domestic violence offense, the judge may order the person to be placed on supervised probation and the person may be incarcerated as a condition of probation.
If the person is incarcerated and is either employed or a student, the judge may provide in the sentence that the person may continue the employment or studies for not more than 12 hours a day nor more than five days a week and be allowed out of jail only long enough to complete the actual hours of employment or studies. The person must spend the remaining day, days or parts of days in jail until the sentence is served. Pursuant to § 13-3601.02 if a person is guilty of aggravated domestic violence the person must serve not less than four months in jail. If a person is convicted of aggravated domestic violence and has been convicted of three or more prior domestic violence offenses within 84 months the person must serve at least eight months in jail. For purposes of these sections, previous convictions of domestic violence offenses apply only to convictions for offenses committed on or after January 1, 1999. Pursuant to § 13-3601(L) the maximum sentence otherwise authorized shall be increased by up to two years if a person is convicted of a felony domestic violence offense against a pregnant victim knowing the victim was pregnant.