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Case victory by Future First Criminal Law
Case victory: DUI .08 Regular – Reduced to DUI Slightest Degree
Client called us with a Regular .08 DUI and we got it reduced to a Slightest Degree. Read all about it!
Phoenix Domestic Violence Diversion secures dismissal of an assault charge with no conviction
The client faced a Class 1 misdemeanor Assault charge with a domestic violence designation under ARS § 13-1203(A)(1) in Phoenix Municipal Court. A domestic violence conviction carries consequences far beyond the sentence. The Class 1 count exposed the client to up to 6 months in jail, a fine up to $2,500 plus an 84% surcharge, and up to 3 years of probation. The State's offer required a guilty plea with 5 days in jail. A domestic violence assault conviction also triggers the federal Lautenberg Amendment firearm prohibition for life, mandatory domestic violence counseling, and a permanent DV-stamped record that surfaces on every job, housing, and immigration screen. For a client whose livelihood depended on a clean record and firearm eligibility, a lifetime federal firearm ban was a direct threat to a career.
Future First negotiated entry into the Phoenix Domestic Violence Diversion Program and secured suspension of the entry of judgment under ARS § 9-500.22. Rather than pursue the assault conviction and the 5 days in jail the State had sought, the State agreed to place the client into a 12-month diversion track built around domestic violence counseling, program fees, and a no-new-offenses condition. On successful completion the charge is dismissed and no conviction enters. No domestic violence assault conviction. No federal firearm prohibition triggered. Set aside under ARS § 13-905 is not needed because no conviction enters. Arrest record sealing under ARS § 13-911 is eligible approximately 2027 once the 12-month diversion completes and the case is dismissed.
What the client said:
After the case concluded, the client shared this review:
Cases involving Arizona DUI charges, especially those with prior history, often feel overwhelming. However, strong legal advocacy, careful review of the DUI investigation, and effective negotiations with prosecutors often lead to outcomes that protect a client’s future far more than they initially expect.
For more detailed information on the law, visit the Arizona State Legislature website. www.azleg.gov
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