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A Class 4 felony Forgery charge with a prior-felony allegation could have produced 4.5 years of presumptive prison under the repetitive sentencing range. Future First dismissed an earlier indictment, dropped the priors allegation on the re-indicted case, kept the client out of prison, and secured early termination of probation in 2021.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Forgery – Possession of a Forged Instrument (ARS § 13-2002), Class 4 Felony, with allegation of prior felony convictions |
| Presumptive exposure with priors | 2.25 to 7.5 years prison under the repetitive sentencing range (ARS § 13-703), presumptive 4.5 years |
| Presumptive exposure without priors | 1 to 3.75 years prison, presumptive 2.5 years; mandatory DNA testing, open restitution, lifetime felony record |
| Result | Earlier indictment dismissed without prejudice; re-indicted case resolved with prior felony allegation dropped, 3 years IPS (no jail or prison), later modified to standard supervised probation, then early termination granted April 30, 2021 |
| Total financial obligations | $55 in court assessments plus IPS service fees |
| Eligibility for set aside | Eligible upon discharge in 2021 under ARS § 13-905 |
| Eligibility for sealing | April 30, 2026 under ARS § 13-911 (Class 4 felony 5-year wait) |
The stakes
The client was indicted on Forgery, Possession of a Forged Instrument under ARS § 13-2002, a Class 4 non-dangerous felony, arising from a 2017 incident at a Phoenix-area casino where the client presented a check to a cashier.
The State filed with an allegation of prior felony convictions, which would have placed the client in the repetitive sentencing range with substantial prison exposure (2.25 to 7.5 years, presumptive 4.5 years under ARS § 13-703). The case involved a co-defendant and a contested fact pattern about who directed the check passing.
What we did
Future First first secured the dismissal without prejudice of an earlier indictment on the same conduct, then negotiated the plea on the re-indicted case to dismiss the prior felony allegation entirely, which removed the repetitive sentencing exposure.
The client received 3 years IPS, no jail, and no prison time. Within months of sentencing, the firm petitioned the court to modify the terms, and the court moved the client from IPS to standard supervised probation. After the client completed every condition and graduated IPS, the court granted early termination of probation effective April 30, 2021.
Total court financial obligations came to $55 in assessments plus IPS service fees. Set aside under ARS § 13-905 became available upon discharge in 2021. Sealing records under ARS § 13-911 carries the Class 4 felony five-year wait, so the client is eligible to petition to seal in April 2026.
What our clients say
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If you’re facing a Class 4 felony with priors 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 non-dangerous felony with one prior felony allegation moves from the 1 to 3.75 year range (presumptive 2.5 years) to the 2.25 to 7.5 year range (presumptive 4.5 years). Two prior felonies push the exposure higher still.
Defense work on a priors allegation usually targets two parallel paths. First, attacking the prior itself: whether the prior conviction is valid, whether the prior offense qualifies as a felony under current Arizona law, and whether the State can prove the prior at the sentencing hearing. Second, negotiating the priors allegation out of the plea entirely, in exchange for the client accepting a clean plea on the lead count. When the State agrees, the case drops back to non-repetitive sentencing.
Intensive Probation Supervision (IPS) is a high-intensity probation track that the court can later modify down to standard supervised probation, then terminate early when the client meets the conditions. The layered path of IPS to standard probation to early termination is one of the strongest tools for closing out a Class 4 felony case quickly.
Future First Criminal Law has handled Class 4 felony cases with priors allegations across Maricopa County. We know how MCAO evaluates priors negotiations and how to structure a plea that strips the allegation while keeping the client out of 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 4 felony with a priors allegation 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 fighting the priors allegation and structuring probation.
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 felony sentencing, visit the Arizona State Legislature website.