A Class 6 felony Criminal Trespass in the First Degree (Residential Structure) with a domestic violence designation carried lifetime federal firearm prohibition and a permanent felony record on conviction. Future First structured the case as a Class 6 Undesignated Felony with probation in lieu of prison.

At a glance

Court	Maricopa County Superior Court
Original charge	Criminal Trespass in the First Degree – Residential Structure (ARS § 13-1504(A)(1)), Class 6 Felony with domestic violence designation
Presumptive exposure	4 months to 2 years of prison (presumptive 1 year), supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, lifetime federal firearm prohibition on DV designation, mandatory DV offender treatment program, immigration consequences, permanent felony record on designation
Result	Class 6 Undesignated Felony structure under ARS § 13-604; 2 years supervised probation in lieu of prison; DV offender treatment program required; undesignated structure preserves misdemeanor designation path
Eligibility for set aside	After probation discharge in August 2025 under ARS § 13-905
Eligibility for sealing	Approximately 2028 under ARS § 13-911, three years after sentence completion under the anticipated misdemeanor designation

The stakes

The client faced a Class 6 felony Criminal Trespass in the First Degree (Residential Structure) charge under ARS § 13-1504(A)(1) at Maricopa County Superior Court, with a Domestic Violence designation. A Class 6 felony conviction in Arizona carries 4 months to 2 years of prison (presumptive 1 year), supervised probation eligibility, fines up to $150,000 plus 78% surcharge, restitution, lifetime federal firearm prohibition on DV designation, mandatory DV offender treatment program, immigration consequences, and a permanent felony record on designation.

What we did

After Future First negotiated the plea, the State agreed to a Class 6 Undesignated Felony structure under ARS § 13-604. The client received 2 years supervised probation in lieu of prison, with DV offender treatment program required and monthly probation conditions. The firm secured the undesignated structure specifically to preserve the path to misdemeanor designation upon successful probation completion.

The client avoided up to 2 years of prison exposure. Set aside under ARS § 13-905 is eligible after probation discharge in August 2025. Sealing records under ARS § 13-911 is eligible approximately 2028, three years after sentence completion under the anticipated misdemeanor designation.

What our clients say

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If you’re facing a DV-designated felony in Arizona

Arizona’s Criminal Trespass in the First Degree statute under ARS § 13-1504(A)(1) covers entering or remaining unlawfully in or on a residential structure. The Class 6 felony classification triggers when the trespass involves a residential structure or yard, distinct from the misdemeanor tiers for non-residential trespass. When combined with a Domestic Violence designation under ARS § 13-3601, the conviction triggers the lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9) and mandatory DV offender treatment.

The undesignated felony structure under ARS § 13-604 is the strongest tool for limiting long-term consequences on a Class 6 DV felony. When the plea structures the offense as undesignated, the court has discretion at probation discharge to designate the offense as a misdemeanor. Successful probation completion supports the designation petition. The result: the conviction stays on the record but at the misdemeanor level, which dramatically reduces collateral consequences and shortens the sealing wait.

Future First Criminal Law has handled DV-designated felony cases across Maricopa County. We know how MCAO evaluates undesignated plea structures on Criminal Trespass and other Class 6 DV felonies.

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 DV-designated felony 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.

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 Trespass and domestic violence law, visit the Arizona State Legislature website.