Can a Class 6 Felony Be Reduced to a Misdemeanor in Arizona?
In Arizona, a felony charge is an incredibly serious matter that threatens your freedom, your livelihood, and your civil rights. However, if you or a loved one are facing a Class 6 felony—the lowest tier of felony charges in our state—you have a unique legal opportunity. Under Arizona law, many Class 6 offenses are considered "wobblers." This means the charge has the potential to "wobble" down from a devastating felony to a manageable misdemeanor.
Achieving this reduction is not automatic. In my 42 years of criminal defense practice in the Phoenix area, I have successfully utilized Arizona's specific statutory guidelines to save hundreds of clients from the permanent stigma of a felony conviction.
Understanding Arizona's "Wobbler" Law Under A.R.S. § 13-604
Under Arizona Revised Statute § 13-604, the court has the absolute discretion to enter a judgment of conviction for a Class 1 misdemeanor rather than a Class 6 felony. The law allows this reduction because lawmakers recognize that certain non-violent offenses, or crimes committed by individuals with clean backgrounds, do not always deserve harsh state prison sentences.
Common Arizona offenses that are routinely charged as Class 6 felonies include:
- Possession of certain prescription drugs or small amounts of controlled substances.
- Unlawful use of a means of transportation (joyriding).
- Certain theft or property damage charges totaling over a specific dollar amount.
- Resisting arrest or felony criminal damage.
The timing of this reduction is critical. A skilled defense attorney can fight to have the charge designated as a misdemeanor early in the process during plea negotiations, at the time of sentencing, or even after you have successfully completed a term of probation.
How We Build a Compelling Mitigation Package to Convince the Judge
You cannot simply ask a Maricopa County prosecutor or judge for a reduction and expect them to grant it. The state's default position is to push for a felony conviction. To win a misdemeanor designation, our defense team builds a robust, comprehensive mitigation package that highlights your character and the weaknesses in the state's case. We aggressively present the court with:
- A Clean Prior Record: Proving to the judge that this incident was an isolated mistake rather than a pattern of criminal behavior.
- The Nature of the Offense: Arguing that the offense was entirely non-violent and resulted in no physical harm to others.
- Personal and Professional Contributions: Providing evidence of your stable employment, family obligations, and community involvement to show that a felony conviction would cause disproportionate harm to innocent dependents.
- Procedural and Investigatory Errors: Highlighting mistakes made by law enforcement during the initial arrest or search, giving the prosecutor a strong incentive to offer a misdemeanor plea deal rather than risk losing at trial.
Put 42 Years of Aggressive Felony Defense Experience in Your Corner.
A Class 6 felony does not have to ruin your life, but you must act quickly to protect your future. Contact Brian DiPietro Law, PLLC today at 623-242-2655 to schedule a free confidential consultation regarding your case.
