ARIZONA MISDEMEANOR DESIGNATION ATTORNEY

A Class 6 felony is the lowest level felony in Arizona.  A person who has pled or been found guilty of a Class 6 felony that isn’t a dangerous offense may file a motion to have his or her offense designated a Class 1 misdemeanor according to A.R.S. § 13-604(A).  A “dangerous offense” is an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person as defined by A.R.S. § 13-105(13).  The offense shall be treated as a misdemeanor for all purposes until the court actually enters an order designating the offense a misdemeanor or a felony.  This does not apply to any person who is convicted of a Class 6 felony and who has previously been convicted of two or more felonies.

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A judge will look at the nature and circumstances of the crime as well as the history and character of the defendant to decide if it would be unduly harsh to sentence the defendant for a felony pursuant to A.R.S. § 13-604(A).

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A.R.S. § 13-604(B) provides that the Class 6 felony shall be treated as a felony conviction for the following purposes:  placing the defendant on felony probation; collecting DNA from the defendant; determining the defendant’s right to possess a firearm; using the conviction as a historical prior felony conviction; using the conviction for impeachment purposes in a subsequent trial; and using the conviction to enhance the sentence.

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A.R.S. § 13-604(C) states that the court shall designate an undesignated offense as a misdemeanor on the defendant’s successful fulfillment of the conditions of probation and discharge by the court.  A defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation.  This applies to a defendant who owes any outstanding monetary obligation unless he or she owes victim restitution or has willfully failed to pay the monetary obligation. 

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A.R.S. § 13-604(D) notes that the offense shall be deemed a misdemeanor if the prosecuting attorney files one of the following:  an information in superior court designating the offense as a misdemeanor; a complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court; or a complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.

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If the motion to designate is denied, a person has the right to file an appeal with the Arizona Court of Appeals.

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Preparing and filing a Motion to Designate is a complex process.  Lisa is an experienced attorney who can navigate that process.  Call LisaLaw, LLC or fill out the online form for a free consultation.