The client faced a Class 1 misdemeanor domestic violence assault charge in Phoenix and a State plea offer that required jail. Future First negotiated a Phoenix Domestic Violence Diversion that ends in dismissal with no conviction.
At a glance
| Court | Phoenix Municipal Court |
| Original charge | Assault (ARS § 13-1203(A)(1)) with domestic violence designation, Class 1 Misdemeanor |
| Exposure | Up to 6 months in jail, fine up to $2,500 plus an 84% surcharge, up to 3 years probation, lifetime federal firearm ban |
| Result | Domestic Violence Diversion Program, entry of judgment suspended, dismissal on completion, no conviction |
| Eligibility for set aside | Not needed; no conviction enters |
| Eligibility for sealing | Eligible approximately 2027 under ARS § 13-911 once the diversion completes |
The stakes
The client faced a Class 1 misdemeanor Assault charge with a domestic violence designation under ARS § 13-1203(A)(1) in Phoenix Municipal Court. A domestic violence conviction carries consequences far beyond the sentence. The Class 1 count exposed the client to up to 6 months in jail, a fine up to $2,500 plus an 84% surcharge, and up to 3 years of probation. The State’s plea offer required a guilty plea to the assault count with 5 days in jail.
A domestic violence assault conviction also triggers the federal Lautenberg Amendment firearm prohibition for life, mandatory domestic violence counseling, and a permanent DV-stamped record that surfaces on every job, housing, and immigration screen. For a client whose livelihood depended on a clean record and firearm eligibility, a lifetime federal firearm ban was a direct threat to a career.
What we did
Future First negotiated entry into the Phoenix Domestic Violence Diversion Program and secured suspension of the entry of judgment under ARS § 9-500.22. Rather than pursue the assault conviction and the 5 days in jail the State had sought, the State agreed to place the client into a 12-month diversion track built around a domestic violence counseling program, program fees, and a no-new-offenses condition.
On successful completion the charge is dismissed and no conviction enters. No domestic violence assault conviction. No federal firearm prohibition triggered. The Phoenix Domestic Violence Diversion result keeps the client’s record clean and the firearm rights intact.
Set aside under ARS § 13-905 is not needed because no conviction enters. Arrest record sealing under ARS § 13-911 is eligible approximately 2027 once the 12-month diversion completes and the case is dismissed.
What our clients say
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If you’re facing a domestic violence charge in Arizona
A domestic violence designation attaches to common misdemeanor charges like assault and disorderly conduct when the people involved share a qualifying relationship under ARS § 13-3601. The designation, not just the charge, drives the worst consequences: the lifetime federal firearm ban, mandatory counseling, and a record that screens out of jobs and housing.
Diversion is the strongest outcome available in many of these cases because it ends in dismissal with no conviction. Eligibility is narrow. The injury must be minor, there can be no weapon or strangulation, and the client cannot have a prior domestic violence offense. A Phoenix Domestic Violence Diversion has to be negotiated and the conditions completed in full before the case is dismissed.
The earlier a defense lawyer gets involved, the more room there is to argue for diversion instead of a conviction. Evidence problems, victim cooperation, and the strength of the State’s proof all factor into whether the prosecutor agrees to divert.
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Call us
Facing a domestic violence charge in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We negotiate diversion and dismissals on domestic violence cases across the Phoenix area courts.
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.