Bail Questions • Charges and Penalties • Arizona
What Is the Difference Between a Misdemeanor and an Infraction in Arizona?
A misdemeanor in Arizona is a crime with possible jail and a criminal record; an infraction is a civil violation that carries only a fine.
Quick answer
A misdemeanor in Arizona is a crime with possible jail and a criminal record; an infraction is a civil violation that carries only a fine. Civil traffic tickets such as speeding are infractions. DUI, reckless driving and criminal speeding are misdemeanors, and a class 1 misdemeanor can carry up to 6 months in jail.
What an infraction is in Arizona
An infraction, usually called a civil traffic violation, is a non-criminal case under Title 28. Ordinary speeding, running a red light, an expired registration and most equipment violations are infractions. The penalty is a fine, points on the driving record, and sometimes traffic school. There is no jail, no arrest, no booking and no bail. The case is resolved by paying the ticket, attending a class or contesting it at a civil hearing where the standard is a preponderance of the evidence.
Because no arrest is involved, a civil ticket never puts anyone in the county jail system. A person who ignores it can have the license suspended and a default judgment entered, but a bail agency has nothing to post. The justice courts and city courts handle civil traffic cases alongside misdemeanors.
What a misdemeanor is and what the statute provides
A misdemeanor is a crime. Arizona has three classes. A.R.S. 13-707 provides up to 6 months in jail for a class 1 misdemeanor, up to 4 months for class 2 and up to 30 days for class 3. A.R.S. 13-802 provides fines up to $2,500 for a class 1, with lower caps for the other classes, plus surcharges. A conviction is a criminal record that appears on background checks.
Common driving examples: DUI is a class 1 misdemeanor; reckless driving under A.R.S. 28-693 is a class 2 misdemeanor; criminal speeding, over 85 mph or more than 20 over in certain zones, is a class 3 misdemeanor. Petty offenses sit below class 3 and carry a fine only. Whether a charge can be reduced from a misdemeanor to a civil violation is a question for a defense attorney.
Why the difference matters for jail and bail
An infraction never enters the jail system. A misdemeanor can. An officer may cite and release on many misdemeanors, but DUI, domestic violence and anything with a warrant or a hold usually means booking and an initial appearance within 24 hours. At that hearing the judge chooses from the release options in A.R.S. 13-3967: own recognizance, pretrial services, an unsecured bond, a secured bond or cash only.
Misdemeanor bail is often OR or a few hundred to a few thousand dollars. When a secured bond is set, a misdemeanor bail bond can be posted at the 4th Avenue Jail Bond and Fine Room or at the city facility holding the person, and the premium follows the filed rate. A missed court date on a misdemeanor becomes a bench warrant and a failure to appear charge under A.R.S. 13-2507, which is itself a class 1 misdemeanor.
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Related Questions
Is a speeding ticket a misdemeanor in Arizona?
Usually not. Ordinary speeding is a civil infraction with a fine and points. Criminal speeding, which includes exceeding 85 mph or going more than 20 over in certain zones, is a class 3 misdemeanor under Arizona law with possible jail and a criminal record.
Does an infraction go on your criminal record?
No. A civil traffic infraction is not a crime and does not create a criminal record. It appears on the motor vehicle driving record and can affect insurance and license points. A misdemeanor conviction, by contrast, appears on criminal background checks.
Can you be arrested for a misdemeanor in Arizona?
Yes. Officers may cite and release for many misdemeanors, but they can arrest, and some offenses such as DUI and domestic violence almost always involve booking. The person then sees a judge within 24 hours, who sets release conditions or a bond.
What is a petty offense in Arizona?
A petty offense is the lowest criminal classification, below a class 3 misdemeanor. It carries a fine only, with no jail, though it is classified as an offense rather than a civil infraction. Some minor violations are charged this way. A defense attorney can confirm the classification.
Is reckless driving a misdemeanor or an infraction in Arizona?
A misdemeanor. Reckless driving under A.R.S. 28-693 is a class 2 misdemeanor, which the statute provides can carry up to 4 months in jail. An arrest is possible, and bail is often own recognizance or a low bond. Call One Stop Bail Bonds any hour and an agent will walk you through it.