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A Class 6 felony Criminal Trespass charge for allegedly entering a residential structure in Phoenix could have produced a permanent felony record. Future First secured entry into the Maricopa County Attorney’s Felony Diversion Program, the client completed every condition, and the case was dismissed with prejudice.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Criminal Trespass in the First Degree (entering or remaining in a residential structure), Class 6 Undesignated Felony |
| Presumptive exposure | Up to 1 year jail on a Class 6 designated felony, supervised probation, fines and assessments, permanent felony record, lifetime collateral consequences for housing, employment, and immigration |
| Result | MCAO Felony Diversion Program (deferred prosecution track) completed; State filed Motion to Dismiss with Prejudice; court granted dismissal in 2022 |
| Conviction | None |
| Eligibility for set aside | N/A (no conviction) |
| Eligibility for sealing | Immediate under ARS § 13-911 in 2022 (case ended in dismissal with prejudice) |
The stakes
The client faced a Class 6 felony charge for Criminal Trespass in the First Degree after allegedly entering a residential structure in Phoenix. The State filed a direct complaint in Maricopa County Superior Court.
A felony conviction at the charged level carried up to one year of jail exposure, probation, and a lifetime record affecting housing, employment, and immigration status. The residential-structure element pushes the trespass charge up from the lower misdemeanor tiers (§§ 13-1502 and 13-1503) into the felony range under § 13-1504.
What we did
Future First negotiated entry into the Maricopa County Attorney’s Felony Diversion Program, a deferred prosecution track. The client waived the preliminary hearing, completed the SAGE Counseling assessment, finished all required treatment sessions, and complied with every condition.
After the client completed the program, the State filed a Motion to Dismiss with Prejudice and the court granted it in 2022. No conviction was entered. The client became eligible to petition for sealing records under ARS § 13-911 immediately upon dismissal.
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If you’re facing a Class 6 felony in Arizona
The Maricopa County Attorney’s Felony Pretrial Intervention Program (FPIP) is the office’s pre-conviction diversion track for eligible Class 6 felony cases. When the prosecutor agrees and the court approves, the defendant completes a structured program of conditions (counseling, community service, restitution, drug testing). On successful completion, the State files a Motion to Dismiss and the court closes the case without entering a judgment of guilt.
FPIP is not available on every Class 6 felony. Eligibility depends on the offense category, the defendant’s criminal history, the strength of the case, and the prosecutor’s discretion. Solicitation, attempted offenses, drug possession, certain theft offenses, and certain non-violent trespass cases are common candidates. Violent offenses, dangerous offenses, and offenses involving children are typically excluded.
Getting to FPIP requires defense work in the early phase of the felony case. The eligibility argument has to be made before the State commits to a hard plea posture, and the package presented to the prosecutor has to make the case that diversion serves justice better than conviction. When the State agrees, the client avoids a felony record entirely.
Future First Criminal Law has handled Class 6 felony cases across Maricopa County. We know how MCAO evaluates FPIP eligibility, how the program runs, and how to position a client for the diversion track before the case hardens into a conviction-path plea.
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 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 FPIP, undesignated plea structures, and eventual dismissal.
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 law, visit the Arizona State Legislature website.