A Class 2 felony Theft charge at the top of Arizona’s non-dangerous felony range carried a presumptive 5 years of prison and a 12.5-year maximum. Future First kept the client out of the Department of Corrections entirely with a 5-year supervised probation sentence.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Theft (ARS § 13-1802(A)), Class 2 Felony |
| Presumptive exposure | Presumptive prison term of 5 years (range running up to 12.5 years for a first-time felony offender), plus restitution, lifelong felony record, immigration consequences, loss of civil rights including the right to vote and possess firearms while under sentence |
| Result | 5 years supervised probation; zero prison time; restitution hearing pending; client kept her freedom, ability to work, and right to seek post-conviction relief |
| Eligibility for early termination | At halfway point under ARS § 13-901(E) |
| Eligibility for set aside | After probation completion under ARS § 13-905 |
The stakes
The client faced a Class 2 Felony Theft charge under ARS § 13-1802(A) in Maricopa County Superior Court. Class 2 felonies sit at the top of the non-dangerous felony range in Arizona. A typical first-time conviction at this class carries a presumptive prison term of 5 years and a maximum of 12.5 years, with restitution, a permanent felony record, immigration exposure, and loss of voting and firearm rights for the full sentence. Standard prosecution exposure pointed toward an actual prison sentence.
What we did
Future First negotiated the case to a probation outcome instead of prison. The client received 5 years of supervised probation with no jail time and a restitution amount to be set at a later hearing. She remained employed, lived at home, and avoided every consequence that follows from going into the Department of Corrections. Termination of probation early under ARS § 13-901(E) becomes available at the halfway point. Set aside under ARS § 13-905 becomes available after probation completion. Sealing records under ARS § 13-911 is on a longer timeline for Class 2 felonies.
What the client said
I chose this firm because of Zach Divelbiss’ own personal experience/background and the legal team’s compassion when I was first researching and needing to find representation. Trevor and Lucas were really kind and understanding; being the only legal team to make me feel like they were on my side and actually cared. Everyone on the team kept in contact and kept me well informed throughout the entire process. Their use of technology really helped with ongoing communication (texts, calls and videos). And cost was more than fair considering the services they provide, especially compared to other well-reviewed firms out there. Zach made me feel hopeful and made me feel I was worth fighting for. Words cannot express my appreciation for what is an unpleasant and nerve-wracking experience.
— Verified Google review
If you’re facing a Class 2 felony charge in Arizona
Class 2 felonies are the highest non-dangerous felony class in Arizona. The presumptive 5-year prison term assumes a first-time offender with no aggravators. The range stretches to 12.5 years on the maximum end and up to 35 years with priors and aggravators. Keeping a Class 2 felony case at probation rather than prison is one of the most consequential outcomes available in Arizona criminal practice.
Probation in lieu of prison on a Class 2 requires defense work that establishes the appropriate factual fit: no prior felony history, no dangerous-offense conduct, mitigating circumstances, restitution feasibility, and a credible compliance posture. When the State agrees, the client serves the sentence at home with supervision rather than in ADOC custody. The conviction stays on the record at the felony level until set aside (and longer for sealing on a Class 2), but the client’s freedom and earning capacity stay intact.
Future First Criminal Law has handled Class 2 felony cases across Maricopa County. We know how MCAO evaluates probation-in-lieu-of-prison requests at this class and how to build the case for keeping a client out of state prison.
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 case
Call us
Facing a Class 2 felony in Arizona? Call Future First Criminal Law at 602-932-7890 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 probation in lieu of prison.
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 theft and sentencing law, visit the Arizona State Legislature website.