Misdemeanors

This is a list of common non-vehicular misdemeanors in Arizona. These offenses are enforced Statewide and are not a complete list of crimes. For vehicular misdemeanor offenses such as criminal speed, reckless driving, DUI, racing, etc., please see the vehicular misdemeanor section below. On top of these offenses, municipalities are also authorized to enact their misdemeanor city codes which are strictly enforceable in the city’s jurisdiction.

Assault — A.R.S. § 13-1203:

In Arizona, Assault falls under A.R.S. § 13-1203. There are three types of misdemeanor assault. Some assault charges occur even when someone doesn’t touch another person. Additionally, if the injury is severe enough, or a deadly weapon was used, it can be charged as a Felony Aggravated Assault. Misdemeanor assault offenses are not jury-eligible and are tried by a judge.

Criminal Damage — A.R.S. § 13-1602:

Criminal Damage in Arizona can occur in many different ways and, depending on the repair cost, can range from a class 2 misdemeanor to a class 4 felony. If the damage is less than $1,000 but more than $250, it’s considered a class 1 misdemeanor. If damage is less than $250, it’s considered a class 2 misdemeanor. Note: Arizona's Felony Aggravated Criminal Damage statute can also be charged as a class 3 felony. See our Felony page to learn more about felony offenses and punishments.

Criminal Trespass— A.R.S. § 13-1504; A.R.S. § 13-1503; and A.R.S. § 13-1504:

In Arizona, there are three different Criminal Trespass statutes — first, second and third degree. The differences vary depending on the property being trespassed on, and they have specific requirements for each. For example, if a person knowingly enters or remains unlawfully in a “fenced-in” residential yard, it is considered Criminal Trespass in the First Degree, a class 1 misdemeanor. However, if the same act occurs and the yard is not “fenced in,” it would only be considered a class 3 misdemeanor or possibly no violation.

Disorderly Conduct — A.R.S. § 13-2904:

Disorderly Conduct in Arizona is a common charge in Arizona and often used as a “catch-all” when officers can’t meet the elements of another offense. The statute is broadly written and can occur when a person makes unreasonable noise, engages in seriously disruptive behavior, uses abusive/offensive language, etc. If a person recklessly handles, displays, or discharges a deadly weapon or dangerous instrument, it is considered a Felony Disorderly Conduct. It is a class 1 misdemeanor in all other cases. Disorderly Conduct needs an experienced attorney familiar with case law for a proper defense. Misdemeanor Disorderly conduct is not jury trial eligible and is always tried by a judge.

Domestic Violence (DV) — A.R.S. § 13-3601:

In Arizona, Domestic Violence is an enhancement that can be added to many different offenses— Assault, Disorderly Conduct, Criminal Damage, etc. For a Domestic Violence enhancement to occur, the two individuals must have some kind of “domestic relationship.” These include parent and child, marriage, formerly married, romantic/sexual relationships, many different types of relatives, even former roommates, etc. The court analyzes several factors when determining if a domestic relationship exists.

Domestic Violence Enhancement statutorily requires a person to complete a DV Offender Treatment Program, which typically requires attendance of 26 hours of DV treatment. Additionally, if a person is convicted of two DV offenses in 84 months (7 years), the person can be charged with Felony Aggravated Domestic Violence.

Failure to Appear in the Second Degree — A.R.S. § 13-2506:

It is unlawful for a person in Arizona to have been required by law to appear in connection with any misdemeanor or petty offense; the person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance. This is known as a “Failure to Appear” (FTA) and is considered a class 1 misdemeanor. Note that this offense does not consider the “disposition” (final outcome) of the underlying case that caused the FTA, so you could end up with a criminal conviction, jail for up to 6 months, fines, etc., even if the original charges are dismissed.

Indecent Exposure— A.R.S. § 13-1402:

In Arizona, it is unlawful for a person to expose their genitals or anus or if she exposes the areola or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. Indecent Exposure is often charged if a person is urinating in public and someone witnesses the offense. Even though a person might not mean to offend anyone, the act only has to be reckless. This offense is considered a class 1 misdemeanor if the victim is over 15 years of age. If the person has two Indecent Exposure convictions OR commits the crime on a victim under 15 years of age, it becomes a class 6 felony. Depending on the circumstances, Indecent Exposure can even be charged as a class 3 felony with a mandatory prison term of 6 years up to 15 years!

Interfering with Judicial Proceedings (IJP) — A.R.S. § 13-2810:

It is unlawful for a person in Arizona to knowingly disobey or resist a court's lawful order, process, or other mandates. This offense is often charged when a person violates an Order of Protection/Injunction Against Harassment (restraining order) issued by the court and served on a defendant. There are many other ways to violate this statute, such as: being disorderly during a court hearing, refusing to serve on a jury, and more. This offense is not jury trial eligible and is a class 1 misdemeanor.

Misconduct Involving Weapons Under 21 Concealed Carry— A.R.S. § 13-3102(A)(2):

It is unlawful for a person in Arizona to carry a deadly weapon except a pocket knife concealed on his person or concealed within his immediate control in or on a means of transportation if the person is under 21 years of age. This statute applies to individuals under 21 and in a vehicle/motorcycle. However, several exceptions to this statute would invalidate the charge— for example, if any part of the firearm was visible, if the firearm was in a holster, etc. Due to the confusing language of this statute, officers often mischarge this offense when a person did not violate it. This offense is a class 3 misdemeanor, but most other types of “Misconduct Involving Weapons” are felony offenses, such as a prohibited possessor carrying a firearm.

Prostitution — A.R.S. § 13-3214:

It is unlawful for a person in Arizona to engage in prostitution knowingly. Prostitution is a class 1 misdemeanor and, for a first violation, carries a mandatory jail sentence of 15 days up to 6 months; for a second violation, 30 days up to 6 months; for a third violation, 60 days jail up to 6 months; and if you have three or more violations, it’s charged as a class 5 felony offense.

Shoplifting — A.R.S. § 13-1805:

Shoplifting in Arizona requires particular elements to be met. In some cases, shoplifting can turn into a felony offense— there is a three-strike rule for Shoplifting: if you have two or more convictions of shoplifting in 84 months, it can be charged as a Felony Shoplifting. Shoplifting is another uncommon jury trial-eligible misdemeanor offense.

Theft — A.R.S. § 13-1802:

Theft in Arizona can occur in many ways, but to be considered a class 1 misdemeanor, the item/service must have a value of less than $1,000. Theft is a jury trial eligible misdemeanor offense.