Flagstaff Felony Lawyer

Skilled Felony Attorney in Flagstaff, AZ

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. As an experienced Flagstaff criminal defense 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. Defendants accused of assault can seek help from an experienced Flagstaff felony assault lawyer. 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. Allegations involving drug trafficking may require guidance from a skilled Flagstaff drug trafficking attorney. Robbery and burglary may also be charged as felonies, and a trusted Flagstaff theft crime lawyer can examine the evidence supporting those allegations.

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 for a first offense, 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 offenses fall under this classification. A conviction can carry substantial prison time, although the applicable sentencing range depends on the offense, criminal history, and any aggravating, mitigating, or dangerous-offense allegations.

Class 3, 4, 5, and 6 felonies have lower penalties that can still be serious. Crimes that may result in a Class 3-6 felony include aggravated robbery, aggravated DUI, third-degree burglary, certain assaults against police officers, and rioting. The less severe the felony classification, the lower the potential sentencing range, 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 pursue a reduction to a lower offense that comes with the possibility of less severe penalties.

How Felony Cases Move Through Coconino County Courts

Felony cases initiated by a criminal complaint may begin in Flagstaff Justice Court, where a judge can hold a preliminary hearing to decide whether probable cause exists to move forward. Prosecutors may also present a case to a grand jury and seek an indictment. If probable cause is established or an indictment is returned, the case can proceed in the Coconino County Superior Court at 200 N. San Francisco Street in Flagstaff, which handles felony trials and sentencing. Coconino County also operates specialty court programs that may be available to certain eligible defendants.

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 accused of using a gun to commit a crime should speak with a dedicated Flagstaff gun crime attorney because a weapon allegation can lead to serious penalties. This can elevate a charge or lead prosecutors to allege that the offense was dangerous.

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. Prior convictions, premeditation, and injury to a child may also affect the charges or potential sentence. Arizona law increases the sentencing range for certain dangerous offenses and defendants with qualifying prior felony convictions. Under Arizona Revised Statutes § 13-704, dangerous-offense allegations can raise the minimum and maximum prison terms a judge may 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. The defendant’s mental condition may also be relevant if it affected the defendant’s ability to appreciate the wrongfulness of the conduct. In some cases, treatment or rehabilitation may be presented as part of the defense’s sentencing position.

Other mitigating factors could include a lack of a criminal record. Self-defense or proof that the alleged acts were committed to protect another person may provide a defense to the charge rather than merely reducing the sentence. The effect of any defense or mitigating circumstance depends on the evidence and the law governing the particular charge.

FAQs About Flagstaff, AZ Felony Defense Law

How Much Do Lawyers Charge for Defending Felonies in Arizona?

Felony defense usually costs more than misdemeanor defense because the cases are more complex and carry higher stakes. Attorneys may use flat fees, hourly billing, or another fee structure depending on the charge and the anticipated work. Your Flagstaff criminal defense lawyer can discuss fees with you before you hire them.

How Are Crimes Classified in Arizona?

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

Can a Felony Be Sealed or Expunged in Arizona?

Arizona does not have traditional expungement for most adult convictions, but eligible felony records may be sealed under Arizona Revised Statutes § 13-911 after the applicable requirements are satisfied. The waiting period to petition for sealing is generally 10 years for Class 2 or 3 felonies and five years for Class 4, 5, or 6 felonies. Certain offenses and circumstances are excluded from eligibility.

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

In many felony cases, yes. A Coconino County judge sets conditions of release at the initial appearance, which generally must occur promptly after an arrest. The judge considers flight risk, danger to the community, the seriousness of the charge, criminal history, and other relevant factors. 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. Under the Arizona Constitution, bail may be denied for limited categories of offenses when the required legal findings are made. An attorney can argue for release, lower bail, or fewer conditions at the hearing.

If you have a question about your specific felony charge that is not answered here, contact The Kaiser Law Group to discuss your situation.

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 attorney may seek to have your charges reduced or dismissed, depending on the evidence and circumstances. No particular result can be guaranteed.

Contact our office today to schedule your free consultation.

Areas We Serve

A felony charge can threaten your freedom, reputation, career, professional licensing, and future opportunities. The Kaiser Law Group represents people accused of serious crimes in Flagstaff and develops defense strategies based on the evidence, the charged offense, the defendant’s history, and the potential sentencing consequences.

The firm assists defendants throughout Coconino County, including Flagstaff and surrounding Northern Arizona communities. Representation can include investigations, arrests, initial appearances, preliminary hearings, grand jury indictments, plea negotiations, trials, sentencing proceedings, and probation-violation allegations.

Whether the case arises near downtown Flagstaff, Northern Arizona University, Interstate 40, Interstate 17, Route 66, or another part of Coconino County, The Kaiser Law Group can explain the charges and help you prepare for the next court date. Contact the firm for a free consultation before making statements about the allegations.

Flagstaff, AZ Felony Defense Law Additional Resources:

• What Happens If You Violate Probation in Arizona?
• What Is Criminal Trespassing in Arizona?
• What Happens If You Miss a Court Date in Arizona?
• Can You Record Police in Arizona?
• Misdemeanor vs. Felony in Arizona

The Kaiser Law Group’s Flagstaff Office