Understanding Felonies in Arizona
If you’ve been charged with a felony, the stakes are high. Felonies carry serious consequences, from lengthy prison sentences to a criminal record that can follow you for life. And while sentencing may feel absolute and indisputable, it can be changed. In Arizona, certain felony charges can be reduced to misdemeanors with the right legal approach. At Alatorre Law, we know the courtroom, and we fight tirelessly to protect your freedom and your future.
What is a Felony in Arizona?
Before diving into strategies, let’s break down what a felony is. In Arizona, felonies are categorized into six classes:
- Class 1 Felonies are the most severe, such as first-degree and second-degree murder, punishable by life imprisonment or capital punishment.
- Class 2 Felonies include serious crimes like aggravated assault and sexual assault, with sentences ranging from 3 to 12.5 years.
- Class 3 Felonies cover crimes such as burglary and certain types of aggravated assault, carrying sentences of 2 to 8.75 years.
- Class 4 Felonies involve offenses like theft of property valued between $3,000–$4,000, forgery, and aggravated DUI, with penalties ranging from 1 to 3.75 years.
- Class 5 Felonies include offenses like criminal damage and lower-level assault, punishable by 6 months to 2.5 years.
- Class 6 Felonies are the least severe class felony, often qualifying for probation or reduction to a misdemeanor. Sentences range from 4 months to 2 years.
Each felony class has a statutory sentencing range, ranging from a mitigated term to an aggravated term. The middle of the range, also called the presumptive sentences is where a judge begins when determining punishment after a conviction. For first-time offenders, probation is often an option. RFor repeat felony offenders, however, are not eligible for probation, and the sentencing ranges get even higher.
The bottom line? Not all felonies are equal, and an experienced attorney can often negotiate a better outcome.
How Attorneys Reduce Felonies to Misdemeanors
1. Negotiating Plea Deals with the Prosecutor
One of the most common ways to reduce a felony charge is by negotiating a plea deal. For example, if you’re facing a Class 6 felony, a skilled attorney can work with the prosecutor to reclassify the offense as a Class 1 misdemeanor. Prosecutors have discretion, but with the right arguments and evidence, they may agree to reduce the charge.
Another strategy is accepting a plea for an “undesignated offense.” Here’s how it works:
- You plead guilty to the charge, but it remains “undesignated,” meaning it officially is not called a felony or misdemeanor.
- If you successfully complete probation, and other requirements set by the court, your attorney can request that the charge be designated as a misdemeanor.
This strategy can be life-changing. Instead of carrying the weight of a felony on your record, you can clear the path toward a better future.
2. Pleading to Lesser Offenses
In some cases, your attorney can negotiate a solicitation plea or lesser-included offense. For example, let’s say you’re charged with drug possession (a Class 4 felony). Instead of pleading to the full charge, your attorney can negotiate a plea to solicitation to possess drugs, which is a Class 6 felony or class 1 misdemeanor.
This strategy works because you’re admitting to part of the offense, like the intent but not the full crime. This can result in a reduced charge that avoids the harsh penalties of a higher felony.
3. Reassessing Aggravating Factors
Some felonies are just misdemeanors with added elements. For instance:
- An assault becomes a felony if it causes serious injury.
- A serious injury is anything that results in disfigurement, or a serious impairment causing health issues or physical disability.
- A DUI becomes a turns into an aggravated felony if your license was suspended,or or it’s your third DUI offense in seven years.
Your attorney can challenge these added elements by:
- Reviewing medical records (for assault cases) to determine if injuries are truly “serious.”
- Negotiating DUI charges down to misdemeanors, which avoids mandatory prison time.
This is made possible by the “endangerment plea” which brings the charge down to a misdemeanor.
This is where the details matter. At Alatorre Law, we dig deep into the evidence, challenging anything that could unfairly increase the charges against you.
4. Challenging the Grand Jury Indictment
If negotiations stall, there’s another option: challenging the grand jury proceedings. Felony charges require an independent review to determine if there’s enough evidence to move forward to trial. If the prosecutor presented unfair or incomplete evidence to the grand jury, your attorney can request the case be reconsidered or remanded to the grand jury.
While this strategy carries some risks, like the prosecutors adding new charges, it can also expose flaws in the case and lead to a reduction or even a dismissal in rare occassions.
Why You Need an Experienced Attorney
Reducing a felony charge isn’t just about the law, it’s about strategy, creativity, persistence and attention to detail. Prosecutors have the discretion to reduce charges, but they’re not going to hand you a deal without a fight.
At Alatorre Law, we’re the apex predators in of the courtroom, and we fight for you with confidence, skill, and determination. Whether it’s negotiating with prosecutors, challenging evidence, or exploring every possible option, we’re here to protect your rights and your future.
Don’t Let a Felony Define Your Future
Felony charges can feel overwhelming, but you’re not alone. At Alatorre Law, we believe you deserve a second chance. Whether you’re facing a Class 6 felony or something more severe, we’ll stand by your side and fight for the best possible outcome.
Facing Legal Challenges? Call the Lion of the Courtroom Today.
When you’re in a fight, you need a fierce advocate on your side. Javier Alatorre is the lion of the courtroom, this is his territory, and he’s ready to protect and defend you with confidence and skill. Whether you need guidance for a DUI, criminal charges, or other legal concerns, our team is dedicated to protecting your rights and fighting for the best possible outcome.
With over twenty years of experience and a client-first approach, we take the time to listen, educate, and advocate on your behalf. Your future matters, and so does your peace of mind. Don’t wait, contact Alatorre Law today for a free consultation or give us a call at (520) 377-7726. Let us provide the support and legal expertise you deserve.
