A Class 4 felony Public Money Custodian Violation carried a presumptive 2.5-year prison term and a permanent felony record. Future First negotiated 18 months supervised probation with White Collar conditions in lieu of any prison time, with eligibility for early termination at the 9-month mark.

At a glance

Court	Maricopa County Superior Court
Original charge	Public Money – Custodian Violation (ARS § 35-301), Class 4 Felony
Presumptive exposure	1 year to 3.75 years of prison (presumptive 2.5 years), fines up to $150,000 plus 78% surcharge, restitution, permanent felony record, lifetime federal firearm prohibition, immigration consequences, lifetime collateral consequences for employment and licensing
Result	18 months supervised probation with White Collar conditions; $2,500 fine; no prison time; court structured probation to make client eligible for Termination of Probation Early (TPE) at the 9-month mark
Prison time saved	At least 1 year of mandatory minimum prison exposure; 2.5-year presumptive term avoided
Eligibility for set aside	After probation completion in January 2025 (or earlier with TPE) under ARS § 13-905
Eligibility for sealing	Approximately 2030 under ARS § 13-911, five years after sentence completion under the Class 4 felony wait

The stakes

The client faced a Class 4 felony for Public Money – Custodian Violation under ARS § 35-301 at Maricopa County Superior Court. A Class 4 felony conviction in Arizona carries 1 year to 3.75 years of prison (presumptive 2.5 years), fines up to $150,000 plus 78% surcharge, restitution, a permanent felony record, lifetime federal firearm prohibition, and lifetime collateral consequences for employment, housing, immigration, and civil rights including firearm possession.

What we did

After Future First negotiated the plea, the client received 18 months supervised probation with White Collar conditions and a $2,500 fine in lieu of any prison time. The court structured probation to make the client eligible for Termination of Probation Early (TPE) at the 9-month mark.

The firm pulled the case out of the prison range entirely, saving the client at least 1 year of mandatory minimum prison exposure and avoiding the 2.5-year presumptive term. Set aside under ARS § 13-905 is eligible after probation completion in January 2025 (or earlier with TPE). Sealing records under ARS § 13-911 is eligible approximately 2030, five years after sentence completion under the Class 4 felony wait.

What our clients say

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If you’re facing a Class 4 white-collar felony in Arizona

Arizona’s Public Money statute under ARS § 35-301 covers misuse of public funds by custodians and other persons entrusted with public money. The Class 4 felony classification carries the same presumptive 2.5-year prison range as other Class 4 non-dangerous felonies, but white-collar cases often produce different sentencing outcomes than violent or drug-related cases at the same class. Probation in lieu of prison is more commonly available, especially for first-time defendants with no aggravators.

White Collar probation conditions are designed for financial and trust-based offenses. The conditions typically include restitution payment, restricted access to financial systems, employment verification, and program-based supervision. Compared to standard supervised probation, the White Collar track is less restrictive on most personal-life matters but heavier on financial monitoring.

Termination of Probation Early (TPE) is the procedural mechanism for ending probation before its full term completes. On a structured probation with TPE eligibility built in at sentencing, the client can petition for termination at the eligibility date if conditions are met. Probation officers and prosecutors often agree to TPE when the client has complied cleanly and paid restitution in full.

Future First Criminal Law has handled Class 4 white-collar felony cases across Maricopa County. We know how MCAO evaluates probation-in-lieu-of-prison negotiations on financial offenses, and how to structure a plea with TPE eligibility built in.

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 white-collar felony 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 probation in lieu of prison.

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.