The State’s first plea offer stipulated 7 years in ADOC prison on a Burglary count with no probation eligibility. Future First restructured the plea over months of negotiation, moved the repetitive allegation to a different count, and cut the stipulated prison term to 5 years.

At a glance

Court	Maricopa County Superior Court
Original charges	Burglary in the Second Degree (ARS § 13-1507(A)) repetitive, Class 3 Felony; Robbery (ARS § 13-1902(A)), Class 4 Felony
State’s first offer	7 years ADOC prison stipulated on Burglary count + probation on Robbery upon release; probation NOT available on Burglary; Burglary range alone 3.25 to 16.25 years with repetitive enhancement and aggravators; restitution $2,255.31
Final plea	5 years ADOC prison on Robbery (repetitive moved here) + 3 years supervised probation on Burglary upon release; probation IS available on Burglary in final structure; same restitution
Stipulated prison time saved	2 years (730 days) cut from the stipulated term
Actual time-in-custody reduction	Approximately 620 days at the 85% time-served rule for non-dangerous offenses

The stakes

The client was charged in 2019 in Maricopa County with two felonies after an incident in Phoenix: Burglary in the Second Degree (Class 3 Felony, ARS § 13-1507(A)) and Robbery (Class 4 Felony, ARS § 13-1902(A)). The client had a prior felony conviction on a similar charge.

The State’s first plea offer stipulated 7 years in the Arizona Department of Corrections on the Burglary count plus probation on the Robbery count upon prison release. Probation was NOT available on the Burglary count under that first offer. Sentencing exposure on the Burglary count alone ranged from 3.25 to 16.25 years with the repetitive enhancement and possible aggravators. Restitution of $2,255.31 was owed to the victims.

What we did

Future First renegotiated the plea structure over the following months. The firm worked with the prosecutor to restructure the counts: the repetitive allegation moved from the Burglary count to the Robbery count, swapping which charge carried the prison stipulation.

The final plea, accepted in 2021, stipulated 5 years in ADOC on the Robbery count plus 3 years of supervised probation on the Burglary count upon release. That restructure cut 2 years (730 days) off the stipulated prison sentence. Under Arizona’s 85% time-served rule for non-dangerous offenses, the actual time-in-custody reduction is approximately 620 days. The client also gained probation eligibility on the Burglary count in the final structure, which had been blocked under the first offer. Restitution stayed at $2,255.31.

What our clients say

Future First Criminal Law has earned hundreds of five-star reviews from clients across Arizona. Read our verified Google reviews or see what past clients have said on our client reviews page.

If you’re facing a multi-count felony with repetitive enhancement in Arizona

Arizona felony sentencing is shaped heavily by which specific count carries which enhancement. A repetitive allegation under ARS § 13-703 (prior felony convictions) attaches to a specific count and bumps that count’s sentencing range up. When the State files a multi-count case and attaches the repetitive allegation to the highest-class count, the result is the harshest possible exposure. Moving the repetitive to a lower-class count, or stripping it entirely, can dramatically change the prison math.

Defense work on multi-count felonies with priors targets which counts carry which enhancements, whether the repetitive can be moved between counts, and whether the prison-eligibility structure can be flipped so probation becomes available on at least one count. Each of those negotiation levers can shift the final stipulated term by months or years.

Future First Criminal Law has handled multi-count felonies with repetitive enhancements across Maricopa County. We know how MCAO evaluates restructure requests, how the sentencing math works under ARS § 13-703 and § 13-704, and how to position a plea so the time stipulated comes down even when the underlying conviction is unavoidable.

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 multi-count 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 restructuring plea offers and reducing prison exposure.

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.