Class 6 Un-Desgnated Felonies Explained
In Maricopa County, Arizona Superior Court approximately ninety-five percent of all criminal felony cases are resolved prior to trial. A small percentage of defendants are fortunate enough to enter a diversion program or have their cases dismissed. The remaining cases are concluded through a plea agreement. In a plea agreement, individuals charged with crimes usually plead guilty to less serious charges or a smaller number of offenses. In exchange for their guilty plea, the prosecutor will guarantee a specific result such as probation or a specific term in prison. Plea agreements lessen the risk of a harsher sentence that a person might face if he or she is convicted at trial.
One common plea agreement people may be offered are referred to as "Class 6 Un-Designated Felonies." These types of plea offers are usually reserved for people who have no prior felony convictions. Additionally, they generally involve less serious, non-violent offense such as theft, criminal trespass, drug possession, marijuana offenses, weapons charges or burglary.
In a class 6 un-designated offense, a person is usually placed on un-supervised or supervised probation. The terms of probation can vary, depending upon the nature of the crime, and may include a term of jail, a fine, community service, restitution, counseling, etc. Usually, people who are on probation must pay monthly probation service fees in addition to any other monetary penalties. The length of probation for a class 6 un-designted offense can last up to three years.
Although a class 6 un-designted offense is characterized as a felony until deemed otherwise, it does offer one huge benefit. Specifically, the offense may be designated as a misdemeanor if an individual successfully completes all of their probation terms. To be designated a misdemeanor, a person's probation officer must notify the assigned judge that all probation terms have been satisfied and the judge must sign a formal order which states the offense is reduced to a misdemeanor. If there are any probation terms outstanding, the offense cannot be reduced and will remain a felony.
Obviously, there are tremendous benefits in complying with probation terms and having an offense reduced to a misdemeanor. These include the restoration of civil rights, job, housing and credit opportunities.
If you, a family member or loved one is facing criminal charges in Phoenix, Mesa, Tempe or another city in Maricopa County contact my office for a free and immediate consultation. I have represented thousands of individuals in all types of criminal matters throughout Arizona during the last twenty years and have earned tremendous results for clients.
Call (480) 833-8613 for a consultation today