For individuals facing an AZ class 6 felony conviction, every day that they deal with the criminal justice system can bring stress. Having a felony on your record makes it even worse by eliminating future opportunities for a better life. It might even feel like the end of the world. Arizona employers, many times, refuse to hire felons. Even if the individual has no other blemish on their record, this seems to be the only thing they see.
At the Ybarra Maldonado Law Group, we are deeply familiar with the stigma surrounding felons. Navigating the legal system is a challenge, and trying to get charges reduced makes it even more challenging. However, we’re here to help. We have extensive experience knocking felony charges down to misdemeanors. This opens a world of possibilities for our clients, and that’s exactly why we do what we do. If you need an aggressive, compassionate Phoenix criminal defense attorney, you need the Ybarra Maldonado Law Group.
To schedule your case evaluation, give us a call at (602) 905-9299 today.
What Is a Class 6 Felony in Arizona?
In Arizona, class 6 felonies encompass a wide range of offenses, both violent and nonviolent. They are the lowest in level and severity of the 6 felony classes. Fortunately, it is possible to reduce these charges to a misdemeanor in Arizona. More specifically, we call them a class 6 undesignated felony. This means that, during court proceedings, the offense could have been either a felony or a misdemeanor.
Examples of offenses that could be classified as a class 6 felony include theft, resisting arrest, assault and battery, marijuana possession, and aggravated DUI. The umbrella term for these offenses is “endangerment.” Once you receive your class 6 felony charge, you must complete your prison sentence, which includes probation. After you complete the prison sentence, you can begin the process of reducing the designation to that of a misdemeanor. However, keep in mind that this requires clever legal footwork from your Phoenix criminal defense attorney during your trial, as well as at the time of your sentencing.
What Is a Wobbler Crime?
A wobbler is a type of criminal offense that can either be considered a class 6 felony or a class 1 misdemeanor and is up to the judge or prosecutor. To be eligible for a wobbler, the crime must be a non-dangerous class 6 felony, and the defendant cannot have been convicted of two or more felonies. Since there can be a gray area between class 6 felonies and class 1 misdemeanors, Arizona offers wobblers as an option, if the charges “wobble” between the two categories. For example, some class 6 felonies do not warrant the severe punishment that comes with a felony conviction. Listed below are some examples of crimes eligible for wobblers:
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What Are the Penalties for Class 6 Felonies in Arizona?
The penalties for a class 6 felony in Arizona vary depending on the number of prior felony convictions an offender has and the severity of the offense.
No prior felonies: Eligible for probation, or a 4 month to 2.5 year prison sentence
One prior felony: 9 month to 2.75 year prison sentence
Two or more prior felonies: 2.5 to 5.75 year prison sentence
Other penalties for a class 6 felony sentence include court costs and a fine of up to $150,000. The fine could be higher if the felony is related to a drug charge.
If the first felony offense is considered a dangerous offense, prison time is mandatory and can result in a sentencing range from 1.5 to 3 years. The use of a deadly weapon is considered a dangerous offense and is charged as “unlawful discharge of firearms.”
Can a Class 6 Felony Be Expunged in AZ?
An expungement is an attractive option for those convicted of crimes, particularly felonies. This is because certain criminal convictions revoke certain rights. If you find yourself wondering, “Can a felon get a passport?”, we have experienced attorneys who can answer this.
A new Arizona law will allow for sealing criminal records for certain crimes, including class 6 felonies. You still have the right to ask for your conviction to be “set aside.” This “set aside” order does not remove a charge or conviction from your record. However, it does show next to the charge or conviction when someone looks at your record. Therefore, potential employers or other people checking your criminal records will know that you met all conditions of your probation and sentence, that the court vacated the conviction, and that they dismissed the charges against you. Sometimes, “set aside” orders are not available. Below, we list convictions that do not allow for a “set aside.”
Dangerous offenses
Crimes that require sex offender registration
Crimes in which the victim was under the age of 15
Specific driving offenses
Can a Class 6 Felony Be Reduced to a Misdemeanor in Arizona?
Absolutely. There are several points during your trial and sentencing when you can reduce your class 6 felony to a class 1 misdemeanor. Sometimes, plea bargains are the way to go, even if they sound like a bad idea at first. However, sometimes it is in your best interest to accept a class 6 felony charge.
This is usually the case when there is not enough evidence for an acquittal, or if you face much more serious charges. An experienced Arizona criminal defense lawyer will have the skills and knowledge to determine whether or not accepting a plea deal is right for you. They will also negotiate your probation terms, and help you avoid unreasonable terms.
In general, those with prior felony convictions do not have the luxury of plea bargaining. In this case, your defense attorney will look for problems in the prosecution’s case against you. Any evidence of problems on the side of the prosecution or of procedural issues could help your case. Additionally, your defense attorney will likely try to have your charges reduced immediately. We usually pursue this option if you have no prior offenses, as this is a low-level felony.
Can You Get Probation for a Class 6 Felony?
It depends. A class 6 felony is classified in one of two ways: dangerous and non-dangerous. For non-dangerous class 6 felonies, the presumptive sentence for someone with no historical prior felony conviction in Arizona is a 1-year prison sentence. For a dangerous crime, individuals do not receive the option for probation.
Basically, if your class 6 felony was not dangerous, you are eligible for felony probation. If your class 6 felony was dangerous, you are not eligible for probation. Remember that probation violations are also serious offenses with serious consequences. If you face probation violation charges, you need a probation violation attorney.
Charged With a Class 6 Felony in Phoenix?
If you or a loved one received a class 6 felony charge, you need the Ybarra Maldonado Law Group on your side. We take on cases and clients just like you every day. More often than not, they want to move on from the mistakes in their past, and open doors to brighter futures for themselves and their families.
As one of Phoenix’s top criminal defense law groups, we have both the skills and the compassion necessary to help make this happen. We’ll fight for you in court to either prove your innocence or get your charges reduced. Our ultimate goal is to help you move forward in life, and pursue your goals for the future.
To schedule your case evaluation, call our Phoenix office at (602) 905-9299 today.
