A DV-designated Criminal Damage charge at Glendale City Court would have triggered a lifetime federal firearm prohibition, mandatory DV counseling, and a permanent DV record on conviction. Future First secured pre-judgment diversion under ARS § 9-500.22 and the State dismissed all charges with no conviction entered.
At a glance
| Court | Glendale City Court |
| Original charge | Criminal Damage (ARS § 13-1602(A)(1)) with domestic violence designation, Class 2 Misdemeanor |
| Presumptive exposure | Up to 4 months jail, $750 fine plus $144 DV surcharge, 2 years probation, mandatory DV counseling, lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), restitution exposure |
| State’s standard path | 5 days of jail suspended on probation completion, 12 months of unsupervised probation, DV counseling, permanent DV conviction |
| Result | Pre-judgment diversion plea under ARS § 9-500.22 completed (9-month program with DV counseling and $100 diversion fee); all charges dismissed with no conviction entered |
| Firearm rights | Preserved (no federal firearm prohibition triggered) |
| Eligibility for sealing | Immediate under ARS § 13-911 (case ended in dismissal, no required wait period) |
The stakes
The client was charged with Criminal Damage as a Class 2 Misdemeanor with a Domestic Violence designation in Glendale. A DV conviction at any level triggers a lifetime federal firearm ban under the Lautenberg Amendment, mandatory DV counseling, probation, restitution exposure, and immigration consequences for non-citizens.
The State’s standard path on a DV Criminal Damage misdemeanor carried 5 days of jail (suspended on probation completion), 12 months of unsupervised probation, DV counseling, and a permanent DV conviction on the record. Even with the suspended jail piece, the conviction itself locks in lifetime collateral consequences.
What we did
After Future First pushed the State to offer a pre-judgment diversion plea under ARS § 9-500.22, the rare path that avoids any conviction entry, the State agreed. The client completed the 9-month diversion program with DV counseling and the $100 diversion fee.
All charges were dismissed with no conviction entered. The arrest record itself is eligible for sealing now under ARS § 13-911, which covers dismissed charges with no required wait period after dismissal.
What our clients say
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If you’re facing a DV-designated charge in Arizona
ARS § 9-500.22 is the Arizona statute that authorizes city and town prosecutors to offer pre-judgment diversion programs for eligible misdemeanor cases. The diversion model is structured differently from a standard plea: the client enters a plea agreement that defers entry of judgment pending completion of diversion conditions. On successful completion, the case dismisses without judgment of guilt. Unlike a standard plea-then-suspended-sentence resolution, no conviction is ever entered on the record.
The pre-judgment structure under § 9-500.22 is rare on DV cases. Most prosecutors are reluctant to offer DV diversion because of policy considerations around victim safety and accountability. When the prosecutor does agree, the client gets the benefit of a 9-to-12-month structured counseling program in exchange for avoiding the lifetime federal firearm prohibition, the mandatory DV offender treatment program (often longer than diversion counseling), and the permanent DV record on background checks.
Future First Criminal Law has handled DV misdemeanor diversion cases across the Phoenix metro and broader Arizona. We know which prosecutors offer § 9-500.22 pre-judgment diversion on DV cases and how to position a case for that path.
Related resources
- Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
- Set aside and sealing in Arizona — how to clean up your record after a DV dismissal or conviction
Call us
Facing a DV charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of DV cases across Arizona. The earlier we are involved, the more options you have for pre-judgment diversion and dismissal paths.
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 domestic violence law, visit the Arizona State Legislature website.
