Four Class 4 Felonies and an alleged prior felony conviction at Maricopa County Superior Court carried double-digit years of potential prison time under category-2 repetitive sentencing. Future First negotiated two counts dismissed, the cocaine F4 amended to F6 paraphernalia, the prior allegation dismissed, and the prison term held at the presumptive 3 years.
At a glance
| Court | Maricopa County Superior Court |
| Original charges | Aggravated DUI (ARS § 28-1383) charged three ways under different theories, all Class 4 Felonies; Cocaine Possession (ARS § 13-3408), Class 4 Felony; plus a State allegation of a prior felony conviction under ARS § 13-703 |
| Presumptive exposure | Four Class 4 Felonies stacked with a prior felony allegation under ARS § 13-703 moved the case to category-2 repetitive sentencing with a presumptive 4.5 years per count and a maximum well over 10 years if served consecutively. The cocaine F4 added immigration, licensing, and lifetime drug-record consequences on top of the DUI fallout. Standard prosecution path was substantial prison |
| Result | State dismissed Counts 2 and 3 (parallel Aggravated DUI theories); Count 4 cocaine possession amended down to Possession of Drug Paraphernalia under ARS § 13-3415(A), a Class 6 Designated Felony at the lowest drug-felony tier; prior felony conviction allegation dismissed entirely; client pled to Count 1 Aggravated DUI F4 with a stipulated 3-year DOC sentence (presumptive, not aggravated); supervised probation on Count 4 to begin upon release |
| Eligibility for set aside | After sentence completion under ARS § 13-905 (note F4 Aggravated DUI is excluded from most set-aside relief) |
| Eligibility for sealing | Sealing records under ARS § 13-911 timing depends on the F4 nature of the offense, typically five years after sentence completion under F4 retention |
The stakes
The client faced four Class 4 Felonies in Maricopa County Superior Court: three parallel Aggravated DUI counts charging the same incident under three different theories, plus a Class 4 cocaine possession count. The State also alleged a prior felony conviction, which under ARS § 13-703 would have moved the sentencing range to category-2 repetitive territory with presumptive prison time of 4.5 years per count. Stacked exposure ran into double-digit prison years if served consecutively. The cocaine charge added immigration, licensing, and lifetime drug-record consequences on top of the DUI fallout.
What we did
Future First negotiated the case down on four fronts. Future First negotiated the State to dismiss Counts 2 and 3 (the two parallel Aggravated DUI theories). Future First negotiated Count 4 amended from felony cocaine possession to Possession of Drug Paraphernalia under ARS § 13-3415(A), a Class 6 Designated Felony at the lowest drug-felony tier. Future First negotiated the State to dismiss the prior felony conviction allegation, taking the case out of category-2 repetitive sentencing. Future First negotiated the prison term at the presumptive 3 years instead of the aggravated 3.75. The client received supervised probation on Count 4 starting on release. Set aside under ARS § 13-905 available after sentence completion (subject to F4 Aggravated DUI exclusions). Sealing records under ARS § 13-911 timing depends on the F4 nature of the offense.
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 stacked F4 felonies with a prior allegation in Arizona
The prior felony conviction allegation under ARS § 13-703 is the single most consequential add-on to any felony case in Arizona. The allegation triggers category-2 repetitive sentencing, which dramatically increases the presumptive prison term on the lead count and every parallel count. A first-time felony defendant facing F4 charges has a presumptive 2.5 years. The same defendant with a prior allegation faces 4.5 years presumptive under category-2 repetitive. Multiplied across four counts running consecutively, the exposure runs into double-digit years.
Eliminating the prior felony allegation is the highest-impact defense move on a stacked felony case. When the State agrees to drop the prior allegation, the entire sentencing framework drops back to first-time felony territory. The presumptive falls. The aggravated maximum falls. The category-2 multiplier disappears.
Pairing the prior allegation dismissal with dismissals on parallel counts and tier reductions on companion charges compounds the benefit. Three counts dismissed plus one count reduced two tiers plus the prior allegation dropped plus sentence at presumptive on the remaining count. Each move chips away at the exposure independently.
Future First Criminal Law has handled stacked F4 felony cases with prior allegations across Maricopa County and Arizona. We know how Maricopa County Superior Court evaluates prior-allegation dismissal negotiations on multi-count felony cases.
Related resources
- Arizona DUI defense — full overview of how we handle every tier of DUI charge
- Arizona criminal defense — felony defense strategy and process
- Set aside and sealing in Arizona — how to clean up your record after a felony
Call us
Facing stacked felony charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of Arizona felony cases. 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 law, visit the Arizona State Legislature website.