Expert answer
Federal vs. Arizona State Sentencing: What Actually Differs
Last reviewed: July 1, 2026
How is federal sentencing different from Arizona state sentencing?
Federal sentencing uses the U.S. Sentencing Guidelines and federal mandatory minimums, with roughly 87% of the sentence served (good-time credit is capped at 54 days per year). Arizona state sentencing uses presumptive, mitigated, and aggravated ranges under Title 13 with a required 85% service on most non-drug felonies.
Charging authority
Federal charges are brought by the U.S. Attorney for the District of Arizona and heard in U.S. District Court. State charges are brought by the county attorney (Maricopa, Pima, Yavapai, etc.) in Arizona Superior Court.
Sentence structure
Federal court uses the Sentencing Table (offense level × criminal history) and can impose supervised release under 18 U.S.C. § 3583. Arizona state court uses statutory presumptive ranges under A.R.S. § 13-702 and repetitive-offender ranges under A.R.S. § 13-703.
Time actually served
There is no federal parole. Federal defendants earn up to 54 days per year of good-conduct credit under 18 U.S.C. § 3624(b), so most serve about 85 to 87% of the imposed sentence. Arizona requires 85% service on most non-drug felonies under A.R.S. § 41-1604.07.
Concurrent vs. consecutive sentences across systems
Under U.S.S.G. § 5G1.3 and 18 U.S.C. § 3584, a federal judge in Arizona can run a federal sentence concurrent with an undischarged state sentence for related conduct — but only if the judge orders it expressly. Otherwise, sentences are consecutive by default.
Frequently asked questions
Can the same conduct be charged in both federal and Arizona state court?
Yes. The dual-sovereign doctrine allows both prosecutions, though the U.S. Attorney's Office typically follows the Petite Policy and declines cases already resolved in state court.
Is there parole in federal prison?
No. Federal parole was abolished for offenses committed after November 1, 1987. Federal defendants serve their sentence minus good-conduct credit, followed by a term of supervised release.
Which is 'worse,' a federal or Arizona state sentence?
It depends on the offense. Federal drug and firearm cases typically carry longer effective sentences because of mandatory minimums and limited good-time; some Arizona state cases (like dangerous crimes against children under A.R.S. § 13-705) can carry longer terms than the analogous federal charge.