Two stacked Class 1 Misdemeanor counts with domestic violence designations at Surprise City Court would have triggered a lifetime federal firearm prohibition and mandatory DV Offender Treatment. Future First negotiated deferred prosecution and got both counts dismissed.

At a glance

Court	Surprise City Court
Original charges	Preventing Use of Telephone in an Emergency (ARS § 13-2915(A)) with DV designation, Class 1 Misdemeanor; Disorderly Conduct – Fighting (ARS § 13-2904(A)(1)) with DV designation, Class 1 Misdemeanor
Presumptive exposure per count	Up to 180 days jail, up to $2,500 fine plus surcharges, up to 3 years probation, mandatory Domestic Violence Offender Treatment Program, permanent record
Collateral exposure	Lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), immigration consequences for non-citizens, professional licensing impact
Result	Stipulation for Deferred Prosecution completed; both counts dismissed in January 2020
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2020 (case ended in dismissal)

The stakes

The client faced two Class 1 Misdemeanor charges with Domestic Violence designations at a Phoenix-area municipal court: Preventing Use of Telephone in an Emergency under ARS § 13-2915(A) and Disorderly Conduct Fighting under ARS § 13-2904(A)(1).

Each count carried up to 180 days jail, fines up to $2,500 plus surcharges, up to 3 years probation, the mandatory Domestic Violence Offender Treatment Program, and a permanent record. A DV conviction in Arizona also triggers a lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9) and immigration consequences for non-citizens. Two stacked DV counts on the same case compound every one of those consequences.

What we did

After Future First filed Notice of Appearance, demanded discovery, sent a Deviation Request to the prosecutor, and negotiated a Stipulation for Deferred Prosecution that the client completed, the State moved to dismiss both counts and the court granted the order in January 2020.

Both counts dismissed in full. No conviction. No jail. No fine. No probation. No firearm prohibition. The client also resolved a separate Order of Protection matter at the same court. Under ARS § 13-911, the arrest record is eligible for sealing immediately.

What our clients say

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If you’re facing a domestic violence charge in Arizona

Arizona’s domestic violence designation under ARS § 13-3601 attaches to a wide range of underlying offenses including assault, disorderly conduct, criminal damage, threats, and preventing use of a telephone in an emergency. The DV designation does not change the maximum sentence on the underlying offense, but it triggers a separate set of collateral consequences that follow the client far longer than the criminal sentence itself.

The federal firearm prohibition under 18 U.S.C. § 922(g)(9) is the most permanent of these. A misdemeanor DV conviction blocks federal firearm possession for life with limited paths to restoration. Mandatory Domestic Violence Offender Treatment Program enrollment imposes additional time, cost, and stigma. Immigration consequences vary by status but DV convictions can trigger removal for lawful permanent residents and bars to naturalization.

Stipulated Deferred Prosecution under Rule 38 is one of the strongest defense paths when the State is willing to negotiate. The client completes anger management or related counseling, the case dismisses, and no DV record attaches. Getting the State to agree to deferred prosecution typically requires a written deviation memo, mitigating-factor evidence, and a clean prior history.

Future First Criminal Law has handled domestic violence cases across Maricopa County and Arizona. We know how Surprise City Court and other municipal courts evaluate deviation requests and deferred prosecution offers.

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 dismissal or conviction

Call us

Facing a domestic violence charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of DV cases across Arizona. The earlier we are involved, the more options you have for deviation memos, deferred prosecution, and dismissal paths.

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.