Flagstaff Felony Lawyer

Flagstaff Felony Attorney

No one wants a felony on their criminal record. The consequences of being labeled a felon are far and long-reaching. In Arizona, a felony is a serious crime that often involves violence, property damage, or other serious harm. Felonies are more serious than misdemeanor offenses. The potential punishment for a felony conviction depends on the severity of the crime but can result in long-term imprisonment. Fines and other penalties can be levied against you on top of prison time. If you were charged with a felony, you can hire a Flagstaff felony lawyer to defend your rights.

The Kaiser Law Group has helped many clients facing serious charges receive lower penalties than they were initially facing. Even reducing a felony down to a misdemeanor will greatly improve your quality of life after you complete your criminal penalties. Attorney Daniel Kaiser has practiced criminal defense in Flagstaff and Coconino County since 1997, giving him decades of experience with the local courts, judges, and prosecutors who will handle your case.

What Crimes Are Classified as Felonies in Flagstaff?

Felonies are reserved for the most serious types of crime. Felony crimes include murder, manslaughter, felony assault, and rape. Many crimes that involve children, like child abuse and abduction, are considered felonies in Arizona. Certain acts, even when they do not result in physical harm to others, are also considered felonies. Examples of these include arson and carjacking. Drug trafficking, robbery, and burglary are potential felonies as well.

While misdemeanors may lead to a few days in jail or no jail time for first-time offenders, a felony conviction can lead to long-term incarceration in prison. Serious crimes like murder can lead to a life sentence in prison. Arizona’s criminal code classifies felonies into six categories. The most severe penalties are classified as Class 1 while the least severe fall under Class 6.

Class 1 felonies are Arizona’s most serious offense category, and they are reserved for first-degree and second-degree murder only. First-degree murder carries a possible sentence of life in prison or the death penalty. Second-degree murder carries a prison term of 10 to 25 years, with a presumptive sentence of 16 years. Crimes like armed robbery and aggravated assault with a deadly weapon are serious felonies too, but Arizona classifies those as Class 2 or Class 3 felonies, not Class 1.

Class 2 felonies are also considered to be very serious. Manslaughter, sexual assault, and certain drug possession charges fall under this classification. A conviction will carry mandatory minimum sentences and potential long-term prison sentences.

Class 3, 4, 5, and 6 felonies have lower penalties that can still be serious. Crimes that result in a Class 3-6 felony include aggravated robbery, aggravated DUI, kidnapping, third-degree burglary, assault of a police officer, and rioting. The less severe the felony classification, the lower the fine and punishment, generally speaking.

Prison time isn’t the only punishment for people convicted of a felony. The courts may also mandate probation, community service, or restitution payments to crime victims. By working with an experienced criminal defense attorney in Flagstaff, you may be able to have your charges reduced to a lower offense that comes with the possibility of less severe penalties.

How Felony Cases Move Through Coconino County Courts

Most felony cases in the Flagstaff area start in Flagstaff Justice Court, where a judge holds a preliminary hearing to decide whether there is probable cause to move forward. If the judge finds probable cause, the case is bound over to the Coconino County Superior Court at 200 N. San Francisco Street in Flagstaff, which is the only court in the county that can hear a felony case through trial and sentencing. Coconino County also runs a DUI/Drug Court program that some eligible defendants can use instead of standard sentencing.

Facing a felony charge in Flagstaff or Coconino County? Call The Kaiser Law Group at 928-773-7773 for a free consultation before you talk to police or prosecutors.

Aggravating Factors

The judge in a felony case may consider aggravating factors when sentencing. Examples of aggravating factors include the use of dangerous weapons. Owning a gun is a protected right for qualifying adults in Arizona, but anyone who uses a gun to commit a crime faces serious penalties. This can elevate a crime to what is known as a violent crime.

For example, getting in a fistfight may be considered assault if you were not defending yourself, but brandishing a firearm during the altercation could lead to a more serious charge of aggravated assault.

The value of any property that was stolen or damaged could elevate a crime to a felony or lead to harsher sentencing. Showing cruelty or disregard for another person’s life could also become an aggravating factor.

Causing serious bodily harm to another person is an aggravating factor. When victims are disfigured, burned, or maimed, the courts often seek severe criminal penalties. Hate crimes, prior convictions, premeditation, and injury to a child are also common aggravating factors that could lead to harsh penalties. Arizona law also increases the sentencing range for people with certain prior felony convictions. Under Arizona Revised Statutes § 13-704, a prior conviction for a dangerous felony can raise both the minimum and maximum prison term a judge can impose.

Mitigating Factors

Conversely, certain factors can mitigate the severity of your charges and punishment. The job of your defense attorney is to take time to research any factors that paint you in a positive light. Sometimes, good people make horrible and regrettable mistakes, but these mistakes shouldn’t ruin their lives.

While the prosecution may try to portray you in a bad light, your defense attorney will work to demonstrate that the acts that you are charged with are out of character for you. If you are not a habitual offender, you can ask for leniency from the court.

Other mitigating factors could include the defendant’s age if they are young. Juveniles are often seen as not being fully able to comprehend the consequences of their actions. The defendant’s mental condition is another factor if they are intellectually disabled. In those cases, mental health treatments may be more suitable than a harsh punishment.

Other mitigating factors could include a lack of a criminal record, self-defense arguments, or proof that the criminal acts were done to protect others. These factors do not automatically exonerate a defendant, but they can make the offense appear less malicious.

FAQs About Flagstaff Felony Defense

Q: How Much Do Lawyers Charge for Defending Felonies in Arizona?

A: Felony defense usually costs more than misdemeanor defense because the cases are more complex and carry higher stakes. Most Flagstaff attorneys bill by the hour. Your Flagstaff criminal defense lawyer can discuss fees with you before you hire them.

Q: How Are Crimes Classified in Arizona?

A: Arizona splits crimes into misdemeanors and felonies, with felonies covering the most serious offenses. Felonies are further divided into six classes.

Q: Can a Felony Be Sealed or Expunged in Arizona?

A: Arizona does not have traditional expungement, but many felony convictions can be sealed under Arizona Revised Statutes § 13-911 once you finish your sentence. The waiting period to petition for sealing is 10 years for Class 2 or 3 felonies and five years for Class 4, 5, or 6 felonies.

Q: Can I Get Released on Bail While My Felony Case Is Pending in Flagstaff?

A: In most felony cases, yes. A Coconino County judge sets conditions of release at your initial appearance, usually within 24 hours of arrest. The judge looks at flight risk, danger to the community, and the seriousness of the charge. You may be released on your own recognizance, released with conditions like drug testing or GPS monitoring, or required to post a cash or surety bond. Some charges, like certain dangerous crimes or repeat offenses, carry a presumption against release. An attorney can argue for lower bail or fewer conditions at this hearing, which is often your first real chance to get out of custody while you fight the case.

Schedule Your Flagstaff Felony Attorney Consultation Today

Being charged with a felony can be a stressful experience. Let the Kaiser Law Group protect your rights throughout the process. Everyone charged with a crime is presumed to be innocent until proven guilty, and prosecutors have a very high bar to meet when proving guilt beyond a reasonable doubt. With the right legal representation, your charges may be lowered or even dropped altogether. Contact our office today to schedule your consultation.