The client faced a Class 1 misdemeanor assault charge in Phoenix with a cooperating witness and photographs of an injury. Future First negotiated a Phoenix assault diversion that dismisses the charge on completion of a one-year program. No jail. No conviction.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | Assault (ARS § 13-1203(A)(1)), Class 1 Misdemeanor |
| Exposure | Up to 6 months in jail, a fine up to $2,500 plus surcharge, up to 3 years of probation, and a permanent criminal record |
| Result | Diversion program with judgment suspended for one year, charge dismissed on completion, no jail, no conviction |
| Eligibility for set aside | Not needed once the charge is dismissed, since no conviction is entered |
| Eligibility for sealing | The dismissed case record can be sealed under ARS § 13-911 after the program is complete |
The stakes
The client was charged in Phoenix Municipal Court with assault under ARS § 13-1203(A)(1), a Class 1 misdemeanor. The reported facts were not light. There was an alleged head injury, photographs, and witnesses who pointed to the client. The complaining witness wanted the case prosecuted.
A Class 1 misdemeanor assault conviction carries up to 6 months in jail, a fine up to $2,500 plus surcharge, up to 3 years of probation, and a permanent criminal record. An assault conviction reads badly on a background check and follows a person into jobs, housing, and immigration questions long after the case closes.
What we did
Future First worked the weak points in the State’s proof. The complaining witness could not clearly identify who struck the blow, an employee had translated parts of the account, the statements shifted, and there was no surveillance video. Future First used that leverage to negotiate a path that ends in a dismissal.
The State agreed to place the client in a Positive Alternatives diversion program built around anger management counseling. The court suspended entry of judgment and imposition of sentence for up to one year. When the client completes the program, the assault charge is dismissed and no conviction is entered. The client serves no jail. The result turns a chargeable Class 1 misdemeanor assault into a clean record on completion.
What our clients say
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If you are facing an assault charge in Arizona
Assault is a crime in Arizona, not a civil dispute. Even a misdemeanor assault conviction is permanent and shows up on background checks. A cooperating witness and photographs make a case feel hard to beat, but the State still has to prove who did what, and translated or shifting accounts create real doubt.
Diversion is one of the strongest tools in a misdemeanor case. Done right, the client completes a program and the charge is dismissed with no conviction at all. Eligibility is narrow and the terms have to be negotiated, so the move is to get a defense lawyer on the case early and push for the path that ends in a dismissal.
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Call us
Facing an assault charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We push for diversion and dismissal whenever the facts give us the opening.
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.