Reducing a Felony to a Misdemeanor
A felony conviction can have serious consequences that go far beyond the penalties imposed by the court, including difficulty finding housing and employment.
Fortunately, under Arizona law, certain felonies may be reduced to misdemeanors through a process known as “designation.” This process can give you a second chance by clearing some of the barriers associated with a felony record.
Learn more about how designation works in the state below, and reach out to a criminal defense lawyer if you’ve recently been charged with a crime.
Felony and Misdemeanor Classifications in Arizona
In Arizona, crimes are divided into felonies, misdemeanors, and petty offenses. Felonies are the most serious and are grouped into six classes, with Class 1 being the most severe. Misdemeanors are less serious and carry lower penalties, such as up to six months in jail and fines up to $2,500.
Reducing a felony to a misdemeanor doesn’t erase the conviction entirely, but it changes how the offense is classified under the law. This can help restore certain rights and reduce the stigma that comes with having a felony record.
How Felony Reduction Works in Arizona
Arizona allows some felony convictions to be redesignated as misdemeanors under A.R.S. § 13-604.
This is typically possible when:
- The offense was originally classified as a Class 6 felony, the least severe category.
- The court had the option to treat the crime as either a felony or a misdemeanor (“open-ended” offense).
- The defendant has successfully completed their probation, sentence, or other court-imposed requirements.
Once all conditions are met, the court has discretion to reduce the charge in question. The judge will review the facts of the case and other things like your criminal history before deciding whether to grant the request.
Applying to Have a Felony Reduced
The process usually begins by completing an application or filing a motion to designate the offense as a misdemeanor in the same court that handled the original case. You and your attorney must normally demonstrate that all of the applicable sentence terms, such as probation, have been fulfilled.
The prosecutor may respond to your request from there. In some cases, a hearing will be scheduled to allow both sides to present their arguments. Ultimately, the judge decides whether the reduction serves the interests of justice.
Keep in mind that if you are still on probation or have violated your probation terms, your chances of approval may be lower. Working with a lawyer who understands your jurisdiction’s local procedures is a practical necessity in these circumstances.
What Are the Benefits of Reducing a Felony to a Misdemeanor?
A felony reduction can significantly improve your life in several ways, including the following:
- Restoration of certain civil rights, including the right to hold public office
- Easier access to employment and housing, since many employers and landlords screen for felony convictions
- Improved eligibility for certain professional licenses
- Reduced social stigma and greater peace of mind
While it’s not the same as having a record expunged, redesignation provides many of the same benefits in practical terms.
Crimes That Usually Cannot Be Reduced
Not every felony is eligible for redesignation. Serious offenses, such as certain violent crimes, generally cannot be downgraded to misdemeanors. Repeat offenders may also be ineligible.
In these cases, however, other forms of relief may be available instead. Other options could include setting aside a conviction and applying for a restoration of rights under different statutes, depending on the facts of your case.
Contact a Tucson Criminal Defense Lawyer for a Free Consultation
Reducing a felony to a misdemeanor in Arizona can give you a real opportunity to move forward, but the process can be challenging without experienced legal guidance. If you believe you may be eligible for felony reduction, reach out to a trusted Tucson defense lawyer at Katsarelis Law Criminal Defense Attorneys today for a free initial consultation to learn more.
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