Two DV-designated misdemeanor counts at Surprise City Court would have produced two stacked DV convictions plus the lifetime federal firearm prohibition. Future First got the Assault count dismissed with prejudice and resolved the case on the Disorderly Conduct count only.
At a glance
| Court | Surprise City Court |
| Original charges | Assault (ARS § 13-1203(A)(1)) with domestic violence designation, Class 1 Misdemeanor; Disorderly Conduct (ARS § 13-2904(A)(1)) with domestic violence designation, Class 1 Misdemeanor |
| Presumptive exposure | Two permanent C1M criminal records with DV stripes, probation, mandatory DV counseling on both counts, fines, and the long-tail federal firearm restriction that follows any DV misdemeanor under the Lautenberg Amendment |
| Result | Assault count dismissed with prejudice (cannot be refiled); plea to Disorderly Conduct DV count only; zero jail days served (all 30 days suspended on probation completion); 1 year summary probation; DV counseling; $650 in fines |
| Eligibility for set aside | After probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2028 under ARS § 13-911, three years after sentence completion |
The stakes
The client faced two Class 1 Misdemeanor counts with a domestic violence designation: an Assault count under ARS § 13-1203(A)(1) and a Disorderly Conduct count under ARS § 13-2904(A)(1). Two separate convictions on the record would have meant two permanent C1M misdemeanor stripes, both flagged as domestic violence, both triggering the federal firearm prohibition under the Lautenberg Amendment, and probation with mandatory DV counseling on both counts.
What we did
Future First negotiated the Assault count dismissed with prejudice, leaving only the Disorderly Conduct DV count on the conviction. The client served zero jail days (all 30 days suspended on probation completion), completed 1 year of summary probation, completed DV counseling, and paid $650 in fines. The Assault charge cannot be refiled. Set aside under ARS § 13-905 available after probation completion. Sealing records under ARS § 13-911 eligible approximately 2028, three years after sentence completion.
What the client said
Future First was all about getting my case handled. I definitely do feel they live by their code which is let us take care of it while you get back to work and your daily life. It was worth every penny. Zach was amazing. Made me feel so comfortable in the whole process. If your future is on the line, always choose Future First.
— Verified Google review
If you’re facing stacked DV misdemeanor counts in Arizona
When the State files multiple DV-designated misdemeanor counts on the same case, defense work that secures dismissal-with-prejudice on at least one count eliminates a layer of the long-term consequences. Dismissal with prejudice means the State cannot refile that count later — the dismissed charge is closed permanently.
Suspended jail with probation on the remaining count is the standard structure when the conviction cannot be avoided entirely. The court imposes the statutory mandatory minimum jail term but suspends the full term on successful probation completion. The conviction itself still triggers the federal firearm prohibition and DV counseling requirement, but no actual in-custody time is served.
Future First Criminal Law has handled stacked DV misdemeanor cases across Maricopa County and Arizona. We know how Surprise City Court and other West Valley municipal courts evaluate dismissal-with-prejudice negotiations.
Related resources
- Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
- Set aside and sealing in Arizona — how to clean up your record after a DV conviction
Call us
Facing stacked DV charges in Arizona? Call Future First Criminal Law at 602-932-7890 or request a free consultation. We have handled hundreds of DV cases across Arizona. 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 domestic violence law, visit the Arizona State Legislature website.