Two Class 5 felony Criminal Damage counts in Maricopa County Superior Court carried up to 7.5 years of combined prison exposure. Future First layered three wins onto the case: count dismissal, charge reduction to a Class 6 undesignated, and designation to a misdemeanor at early discharge.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Two counts of Criminal Damage (ARS § 13-1602(A)(1)), each a Class 5 Felony |
| Presumptive exposure per count | Presumptive 1.5 years prison, max 2.5 years, max aggravated 3.75 years; fine up to $150,000 plus 78% surcharge; restitution; permanent felony record; immigration consequences |
| Result | One Class 5 count dismissed; remaining count amended down to Class 6 undesignated Attempt to Commit Criminal Damage under ARS §§ 13-1602 and 13-1001; 1 year supervised probation; early termination and designation to misdemeanor granted in 2022 |
| Prison time saved | Approximately 365 days (1 year) below presumptive exposure |
| Eligibility for set aside | Eligible now under ARS § 13-905 |
| Eligibility for sealing | Approximately 2025 under ARS § 13-911, three years after sentence completion under the misdemeanor designation |
The stakes
The client faced two counts of Class 5 felony Criminal Damage in Maricopa County Superior Court tied to a 2020 incident with restitution exposure of over $4,000 to the victim. Each Class 5 felony carried a presumptive 1.5-year prison sentence, a maximum of 2.5 years, and an aggravated max of 3.75 years.
The client also faced potential immigration consequences from any felony conviction. The State sought conviction on both counts, which would have produced two stacked felonies on the record.
What we did
After Future First negotiated a plea that produced three layered wins, the State dismissed one of the two felony counts. Second, the remaining count was amended down from Class 5 Criminal Damage to Class 6 undesignated Attempt to Commit Criminal Damage under ARS § 13-1602 and § 13-1001. Third, the plea structure used ARS § 13-604 to leave the offense undesignated, meaning successful probation completion would convert it to a misdemeanor.
The client was sentenced to one year of supervised probation. Future First then moved for early termination and misdemeanor designation. The court granted both motions in 2022, terminating probation roughly four months early and entering an order designating the offense a misdemeanor. The client paid the agreed restitution in full. Under ARS § 13-905, the client is eligible to set aside the conviction now. Under ARS § 13-911, the client is eligible to seal the record in 2025, three years after sentence completion under the misdemeanor designation.
What our clients say
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If you’re facing felony Criminal Damage charges in Arizona
Arizona’s Criminal Damage statute (ARS § 13-1602) operates on a damage-amount ladder. Damage under $250 is a Class 2 Misdemeanor. Damage from $250 to $1,000 is a Class 1 Misdemeanor. Damage from $1,000 to $2,000 is a Class 6 Felony. Damage of $2,000 to $10,000 is a Class 5 Felony. Damage over $10,000 is a Class 4 Felony.
Defense work on Class 5 Criminal Damage targets three potential wins. First, the damage-amount calculation itself, which determines the class. Second, plea negotiation that can dismiss redundant counts and amend the remaining count down to Class 6. Third, the undesignated felony structure under ARS § 13-604, which lets the court designate the conviction as a misdemeanor at discharge if the client completes probation conditions.
Stacking all three wins is rare but achievable in the right factual posture. The cumulative effect is dramatic: a charge that started with two stacked felonies and ~7.5 years of combined prison exposure can end as a single misdemeanor on the record with no prison time served.
Future First Criminal Law has handled Class 5 felony Criminal Damage cases across Maricopa County. We know how MCAO evaluates damage calculations, how the undesignated structure under § 13-604 works in practice, and how to layer multiple wins into a single plea negotiation.
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 5 felony Criminal Damage 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 count dismissals, charge reductions, and undesignated plea structures.
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 Criminal Damage law, visit the Arizona State Legislature website.
