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Two felony counts at Maricopa County Superior Court — Class 5 Aggravated Assault on a Peace Officer and Class 6 Resisting Arrest — carried up to 3.75 years of prison exposure on conviction. Future First amended the case down to a single Class 6 Undesignated Felony, then the court designated the offense as a Class 1 Misdemeanor at sentencing.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Aggravated Assault on a Peace Officer (ARS § 13-1204(A)(8)(a)), Class 5 Felony; Resisting Arrest (ARS § 13-2508(A)(1)), Class 6 Felony |
| Presumptive exposure (Class 5) | 6 months to 2.5 years prison (presumptive 1.5 years), aggravated max 3.75 years; Class 6 Resisting Arrest adds 4 months to 2 years; combined fines up to $150,000 plus surcharges, lifetime federal firearm prohibition, immigration consequences, permanent felony record |
| Result | State amended lead charge to single Class 6 Undesignated Felony; court designated offense as Class 1 Misdemeanor under ARS § 13-604 at sentencing; 18 months supervised probation |
| Prison time avoided | Approximately 547 days |
| Eligibility for set aside | After probation discharge in 2024 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2027 under ARS § 13-911, three years after sentence completion under the misdemeanor designation |
The stakes
The client faced two felony counts at Maricopa County Superior Court: Aggravated Assault on a Peace Officer under ARS § 13-1204(A)(8)(a) as a Class 5 Felony, and Resisting Arrest under ARS § 13-2508(A)(1) as a Class 6 Felony.
A Class 5 Aggravated Assault on a Peace Officer conviction in Arizona carries 6 months to 2.5 years of prison (presumptive 1.5 years), aggravated max 3.75 years, fines up to $150,000 plus surcharges, lifetime federal firearm prohibition, immigration consequences, and a permanent felony record with lifetime collateral consequences for employment, housing, and licensing.
What we did
After Future First negotiated the plea, the State amended the lead charge down to a single Class 6 Undesignated Felony. At sentencing, the court designated the offense as a Class 1 Misdemeanor under ARS § 13-604, treating the case as a misdemeanor from sentencing forward. The client received 18 months of supervised probation.
The firm pulled the case out of both the Class 5 and Class 6 felony tiers and dropped it straight to misdemeanor treatment. Set aside under ARS § 13-905 is eligible after probation discharge in 2024. Sealing records under ARS § 13-911 is eligible approximately 2027, three years after sentence completion under the misdemeanor designation.
What the client said
Hey y’all. I found myself in a real jam. Facing felony charges for smacking a cop’s hands off me. The whole staff at Future’s First responded immediately and professionally. I ended up getting probation with no jail time. I’m very impressed with their team, and will use them every time I find myself in need of a lawyer.
— Verified Google review
If you’re facing Aggravated Assault on an Officer in Arizona
Aggravated Assault charges with a Peace Officer victim under ARS § 13-1204(A)(8)(a) are filed at the Class 5 Felony level when the underlying assault involves a peace officer engaged in official duties. The Class 5 felony classification is more serious than ordinary Aggravated Assault Class 6 because of the protected-victim element. Combined with a Resisting Arrest count, the case sits at MCSC with mandatory plea-stage involvement of the Maricopa County Attorney’s Office.
Designation at sentencing under ARS § 13-604 is the most powerful tool for closing out an undesignated felony case as a misdemeanor. When the State agrees to plead the case to a Class 6 Undesignated Felony rather than a designated felony, the court has discretion at sentencing to designate the offense as a Class 1 Misdemeanor immediately, rather than leaving it as an undesignated felony pending probation completion. Same-sentencing designation skips the post-probation petition process entirely.
Getting from Class 5 Aggravated Assault on Officer to a same-sentencing Class 1 Misdemeanor designation is rare. It requires defense work that establishes the appropriate factual fit (the conduct was at the low end of the Aggravated Assault spectrum, the client has no prior criminal history, the police-victim suffered minimal harm), prosecutor cooperation on the amendment, and the court’s willingness to apply § 13-604 at sentencing rather than at discharge.
Future First Criminal Law has handled Aggravated Assault cases at every tier across Maricopa County and Arizona. We know how MCAO evaluates these amendments and how to position a case for same-sentencing misdemeanor designation.
Related resources
- Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
- Set aside and sealing in Arizona — how to clean up your record after a felony or misdemeanor conviction
Call us
Facing Aggravated Assault on an Officer charges in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have for charge reduction and same-sentencing misdemeanor designation.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona Aggravated Assault law, visit the Arizona State Legislature website.