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A Class 4 felony Dangerous Drug Possession charge with repetitive-enhancement allegations exposed the client to 15+ years of prison if the State’s case held at trial. Future First negotiated 2 years of Intensive Probation Supervision in lieu of any prison, and the court denied the State’s request for 6 months of initial jail.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Possession or Use of Dangerous Drugs (ARS § 13-3407(A)(1)), Class 4 Felony |
| Presumptive exposure | 1 year to 3.75 years prison (presumptive 2.5 years) without priors; with repetitive enhancement, potential exposure above 15 years of prison; fines up to $150,000 plus 78% surcharge, restitution, permanent felony record, lifetime federal firearm prohibition, significant collateral consequences; State’s initial position was 6 months of initial in-custody jail |
| Result | 2 years Intensive Probation Supervision (IPS) in lieu of prison; judge denied State’s request for 6 months initial jail; 360 hours community service; deferred 3-month jail term contingent on probation compliance (removable by probation or defense before October 2024); $1,780 in fines plus fees |
| Eligibility for set aside | After probation discharge in October 2025 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2030 under ARS § 13-911, five years after sentence completion |
The stakes
The client faced a Class 4 felony for Possession or Use of Dangerous Drugs under ARS § 13-3407(A)(1) at Maricopa County Superior Court. A Class 4 felony conviction in Arizona carries 1 year to 3.75 years of prison (presumptive 2.5 years) without priors. With the repetitive enhancements the State pursued, potential exposure pushed above 15 years of prison. Additional exposure included fines up to $150,000 plus 78% surcharge, restitution, a permanent felony record, lifetime federal firearm prohibition, and significant collateral consequences for employment, housing, and immigration. The State’s initial position was 6 months of initial in-custody jail.
What we did
After Future First negotiated the plea and pressed the State on the case, the State agreed to 2 years of Intensive Probation Supervision (IPS) in lieu of prison. The judge also denied the State’s request for 6 months of initial jail.
The court ordered 360 hours of community service and a deferred 3-month jail term contingent on probation compliance (removable by probation or the defense before October 2024). The client paid $1,780 in fines plus fees. The firm avoided trial and the potential 15+ years of DOC time the State had threatened. Set aside under ARS § 13-905 is eligible after probation discharge in October 2025. Sealing records under ARS § 13-911 is eligible approximately 2030, five years after sentence completion.
What our clients say
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If you’re facing a Class 4 felony drug charge with repetitive enhancements in Arizona
Arizona’s repetitive sentencing scheme under ARS § 13-703 dramatically increases prison exposure when the State alleges prior felony convictions. A Class 4 felony with one prior felony allegation moves the sentencing range from 1 to 3.75 years up to 2.25 to 7.5 years (presumptive 4.5 years). Two prior felonies push the exposure to 6 to 15 years (presumptive 10 years). When the State alleges multiple priors and pursues every enhancement available, the practical exposure can climb above 15 years.
Intensive Probation Supervision (IPS) is the highest-intensity probation track in Arizona, designed for clients who would otherwise face prison. The structure includes frequent contact with the probation officer, mandatory community service hours, weekly drug testing, and tight compliance reporting. IPS demands more from the client than standard probation, but the alternative is prison. After successful completion of the high-intensity portion, the court can modify the client to standard probation and eventually terminate early.
Future First Criminal Law has handled Class 4 felony drug cases with repetitive enhancements across Maricopa County. We know how MCAO evaluates priors negotiations and how to structure a plea that keeps a client out of prison even when the State threatens 15+ years.
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 4 felony drug charge 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 keeping the case out of the prison range even with priors allegations.
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 drug and sentencing law, visit the Arizona State Legislature website.