Five DV-designated misdemeanor counts across two cases at Tempe Municipal Court carried five permanent DV stripes on the record plus the federal Lautenberg firearm prohibition for life. Future First reduced the case to a single Class 1 Misdemeanor Disorderly Conduct plea with four counts dismissed and zero jail.
At a glance
| Court | Tempe Municipal Court |
| Original charges | Primary case: Theft – Control of Property (ARS § 13-1802(A)(1)) with DV designation, Class 1 Misdemeanor; Assault – Intentionally Causing Physical Injury (ARS § 13-1203(A)(1)) with DV designation, Class 1 Misdemeanor; Disorderly Conduct (Fighting) (ARS § 13-2904(A)(1)) with DV designation, Class 1 Misdemeanor; Criminal Damage – Defacing (ARS § 13-1602(A)(1)) with DV designation, Class 2 Misdemeanor. Separate companion case: Interfering with Judicial Proceedings (ARS § 13-2810(A)(2)) with DV designation, Class 1 Misdemeanor |
| Presumptive exposure | Up to 180 days of jail per Class 1 count under ARS § 13-707, up to four months on the Class 2 Criminal Damage count, fines up to $2,500 per Class 1 plus 84 percent surcharges, supervised probation up to three years per count, mandatory DV offender treatment under ARS § 13-3601.01, federal Lautenberg Amendment firearm prohibition for life triggered by the DV Assault and DV Disorderly Conduct counts, restitution exposure, and permanent DV stripes across five separate misdemeanor convictions on the client’s record |
| Result | State dismissed DV Assault, Theft, and Criminal Damage counts in the primary case; entire companion case for Interfering with Judicial Proceedings dismissed; client pled to single Class 1 Misdemeanor Disorderly Conduct (Fighting) with DV designation under ARS § 13-2904(A)(1); 18 months supervised probation; DV counseling; approximately $225 in fines applied through bond refund; no-contact order with the victim; no jail |
| Eligibility for set aside | 2026 after probation completion under ARS § 13-905 |
| Eligibility for sealing | Approximately 2029 under ARS § 13-911, three years after sentence completion. Companion case dismissal eligible for sealing under ARS § 13-911 immediately |
The stakes
The client faced five misdemeanor counts across two cases in Tempe Municipal Court, every charge carrying a domestic violence designation. The primary case charged Theft (Control of Property), DV Assault Intentionally Causing Physical Injury, Disorderly Conduct (Fighting), and Criminal Damage by Defacing. A separate companion case charged Interfering with Judicial Proceedings. Five stacked DV convictions would have meant up to 180 days of jail per Class 1 count under ARS § 13-707, up to four months on the Class 2 Criminal Damage count, fines up to $2,500 per Class 1 plus 84 percent surcharges, supervised probation up to three years per count, mandatory DV offender treatment under ARS § 13-3601.01, federal Lautenberg Amendment firearm prohibition for life triggered by the DV Assault and DV Disorderly Conduct counts, restitution exposure, and permanent DV stripes across five separate misdemeanor convictions that surface on every employment, housing, professional licensing, and immigration background screen.
What we did
Future First negotiated the case down from five DV-designated charges across two cases to a single Class 1 Misdemeanor Disorderly Conduct (Fighting) plea under ARS § 13-2904(A)(1). The DV Assault, Theft, and Criminal Damage counts in the primary case were dropped. The entire companion case for Interfering with Judicial Proceedings was dismissed. The client received 18 months supervised probation, DV counseling, approximately $225 in fines applied through the bond refund, and a no-contact order with the victim. No jail. Set aside under ARS § 13-905 available 2026 after probation completion. Arrest record sealing under ARS § 13-911 on the conviction count eligible approximately 2029, three years after sentence completion. The companion case dismissal is eligible for arrest sealing under ARS § 13-911 immediately.
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If you’re facing stacked DV misdemeanor charges in Arizona
Five-count stacked DV cases combined across two filings produce significantly more exposure than a typical multi-count case. Each count carries its own DV stripe. Each conviction triggers the federal Lautenberg Amendment firearm prohibition separately. The cumulative effect of five DV convictions on background checks would have severely affected employment, housing, family court matters, and immigration status for the rest of the client’s life.
Reducing the case to a single Disorderly Conduct DV plea closes both cases with one remaining DV conviction. The DV Assault count drops, which is the most consequential single dismissal because Assault convictions carry the strongest violent-offense flag. The Criminal Damage count drops, which removes the property-damage stripe. The Theft count drops, which removes the theft-category flag. The entire separate Interfering with Judicial Proceedings case dismisses, which removes the law-enforcement-flag conviction entirely.
Suspended jail on probation is the standard structure when the conviction cannot be avoided. The court imposes no actual custody days. The probation tail runs 18 months with DV counseling required. On successful completion, the suspended jail stays suspended.
Future First Criminal Law has handled multi-count DV cases across Maricopa County and Arizona. We know how Tempe Municipal Court evaluates count-consolidation plea structures on stacked DV cases.
Related resources
- Arizona criminal defense — misdemeanor defense strategy
- Set aside and sealing in Arizona — how to clean up your record after a DV case
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 Arizona DV cases. 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.