This Scottsdale Assault Diversion ended with the client avoiding every conviction. The client faced two Class 1 misdemeanors, assault and disorderly conduct, plus a Class 3 criminal trespass count in Scottsdale City Court. Future First negotiated both Class 1 counts away and moved the remaining charge into a diversion program that ends in full dismissal.
At a glance
| Court | Scottsdale City Court |
| Original charges | Assault (ARS § 13-1203(A)(1)), Class 1 Misdemeanor. Disorderly Conduct (ARS § 13-2904(A)(1)), Class 1 Misdemeanor. Criminal Trespass in the Third Degree (ARS § 13-1502(A)(1)), Class 3 Misdemeanor. |
| Presumptive exposure | Up to 6 months jail on each Class 1 count, fines up to $2,500 plus an 84% surcharge, up to 3 years probation, and a permanent assault conviction. |
| Result | Both Class 1 counts dismissed. Remaining charge amended to Class 3 trespass and placed in diversion. Full dismissal on completion. No conviction. |
| Eligibility for set aside | Not applicable. No conviction enters. |
| Eligibility for sealing | Arrest record sealing under ARS § 13-911 eligible approximately 2026, once the case is dismissed. |
The stakes
The client faced two Class 1 misdemeanors and a Class 3 misdemeanor in Scottsdale City Court after an arrest outside a Scottsdale nightclub. The two Class 1 counts, Assault under ARS § 13-1203(A)(1) and Disorderly Conduct under ARS § 13-2904(A)(1), each carried up to 6 months in jail, fines up to $2,500 plus an 84% surcharge, and up to 3 years of probation. The Class 3 Criminal Trespass count under ARS § 13-1502(A)(1) added up to 30 days in jail and a $500 fine. A conviction on the assault count would have left an assault entry on the client’s permanent record, the kind of mark that surfaces on every job application, housing check, and immigration review for life.
What we did
Future First negotiated the case down to a single diversion count and secured dismissal of both Class 1 misdemeanors. The State agreed to suspend entry of judgment under ARS § 9-500.22 and amended the remaining charge to Criminal Trespass in the Third Degree, a Class 3 misdemeanor. The Assault and Disorderly Conduct counts were dismissed outright. The client completes a substance abuse program, pays $209 in court costs, and stays law-abiding for 6 months. On completion the entire case is dismissed and no conviction enters. This Scottsdale Assault Diversion structure converted a two-count Class 1 exposure into a clean record. Set aside under ARS § 13-905 is not needed because no conviction enters. Arrest record sealing under ARS § 13-911 is eligible approximately 2026 once the case is dismissed.
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If you’re facing assault charges in Arizona
An assault charge under ARS § 13-1203 in Arizona is a misdemeanor that can carry up to 6 months in jail and a record that never goes away on its own. Disorderly conduct under ARS § 13-2904 adds a second Class 1 count. Stacked together, these charges expose you to jail, probation, fines, and mandatory counseling, plus a criminal record that affects work, housing, and immigration status.
A Scottsdale Assault Diversion is not automatic. It depends on the facts, the client’s record, and a defense that gives the prosecutor a reason to deviate from standard charging. Future First reviews the police reports, body camera footage, and witness statements, then builds a deviation argument aimed at dismissal or diversion rather than conviction. Early defense work creates leverage that disappears once a case drifts toward trial.
Every case is different. The result here reflects this client’s facts and is not a promise of the same outcome in your case. What carries over is the approach: pull the charge classes down, dismiss the counts that carry the heaviest record consequences, and aim for a resolution that leaves no conviction.
Related resources
- Set aside and sealing in Arizona and how a no-conviction result speeds up record clearing.
- Request a free consultation to review your charges.
Call us
Facing assault or disorderly conduct charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We review the reports, find the leverage, and fight for a result that protects your record.
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.