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Two Class 6 undesignated felony counts in Maricopa County Superior Court could have locked in a permanent felony record at probation discharge. Future First petitioned for early termination and designation, and the court granted both. The client walked out with two misdemeanors instead of two felonies.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Attempt to Commit Unlawful Use of Means of Transportation (ARS § 13-1803 and ARS § 13-1001), Class 6 Undesignated Felony; Drug Paraphernalia Possess/Use (ARS § 13-3415(A)), Class 6 Undesignated Felony |
| Exposure per count | Up to 1 year jail, possibility of prison range, 18 months probation, fines up to $2,136 on paraphernalia plus surcharges, $200 restitution, 100 hours community service, substance abuse treatment, permanent felony record if designated felony |
| Result | Both counts designated misdemeanors at early discharge in 2020 |
| Probation reduction | 18-month term terminated roughly 6 months early |
| Eligibility for set aside | Eligible now under ARS § 13-905 |
| Eligibility for sealing | Approximately 2023 under ARS § 13-911, currently eligible |
The stakes
The client faced two Class 6 undesignated felony counts in Maricopa County Superior Court in 2019. Count 1 alleged Attempt to Commit Unlawful Use of Means of Transportation under ARS §§ 13-1803 and 13-1001. Count 4 alleged Drug Paraphernalia Possession or Use under ARS § 13-3415(A).
Each Class 6 undesignated felony carried up to 1 year of jail exposure, the possibility of a prison range sentence, 18 months of probation, fines reaching $2,136 on the paraphernalia count plus surcharges, restitution to law enforcement of $200, 100 hours of community service, and substance abuse treatment. A felony designation at discharge would have locked in a permanent felony record, with lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.
What we did
After Future First’s defense work secured a plea structure with both counts as undesignated felonies under ARS § 13-604, the client completed every probation condition early. The firm then petitioned the court in 2020 to terminate probation early and designate both counts as misdemeanors.
The court granted both motions in 2020, terminating the 18-month probation term roughly six months early and designating both counts as misdemeanors. Total court financial obligations were paid in full. Set aside under ARS § 13-905 is eligible now. Sealing records under ARS § 13-911 is eligible approximately 2023, three years after sentence completion, currently eligible.
What our clients say
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If you’re facing a Class 6 undesignated felony in Arizona
Arizona’s undesignated felony framework under ARS § 13-604 is one of the most important defense tools available for first-time felony exposure. When the court accepts a plea with the felony left undesignated, the offense functions as a felony during probation but the court can designate it a misdemeanor at discharge if the client meets the conditions.
Getting to designation requires two layers of work: the initial plea negotiation has to leave the offense undesignated rather than locking in a straight felony, and then a petition has to be filed at or near discharge asking the court to formally designate the count as a misdemeanor. Both layers are discretionary. Neither is automatic. A client who completes probation without filing the designation petition stays a felon for life.
Future First Criminal Law has handled Class 6 undesignated felony cases across Maricopa County. We know which prosecutors and judges agree to undesignated plea structures, how to build the probation compliance record that supports the designation petition, and how to layer in early termination of probation when the client has paid in full and completed every condition.
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 conviction or designation
Call us
Facing a Class 6 felony 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 undesignated and securing eventual designation to a misdemeanor.
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’s undesignated felony framework, visit the Arizona State Legislature website.