Can a Felony Charge Be Reduced to a Misdemeanor in Arizona?

A felony charge may be reduced to a misdemeanor in Arizona, but a reduction is not automatic. Your options will depend on the charge, the strength of the evidence, and your prior record.

In some cases, your attorney may negotiate with the prosecutor to replace a felony charge with a misdemeanor. Arizona law also provides a separate process for certain Class 6 felonies. An eligible offense may be left undesignated during probation and later designated as a misdemeanor.

These outcomes follow different legal processes and have different requirements. Before accepting a plea agreement, you should understand whether it will result in a felony conviction, an undesignated offense, or a misdemeanor. A criminal defense attorney can review your charge and explain which options may be available in your case.

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How Can an Arizona Felony Become a Misdemeanor?

There are two main ways a felony charge may be reduced to a misdemeanor in Arizona.

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A Negotiated Charge Reduction

Your attorney may negotiate with the prosecutor to reduce the original felony charge. If an agreement is reached, you may plead guilty or no contest to a misdemeanor instead. Prosecutors are not required to offer a reduction, and the court must accept the plea agreement.

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Class 6 Misdemeanor Designation

Arizona law gives courts another option for certain Class 6 felonies. The judge may enter a misdemeanor conviction or leave the offense undesignated while you complete probation. If you satisfy the conditions of probation, the court may designate the offense as a misdemeanor.

A reduction is not the same as a dismissal. When a charge is reduced, the case may still result in a conviction for the lesser offense. When a charge is dismissed, there is no conviction for that charge.

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Reducing a Felony Through a Plea Agreement

Being charged with a felony does not always mean the case will end with a felony conviction. Your attorney may ask the state to reduce the charge to a misdemeanor as part of a plea agreement. To support that request, your attorney can point to problems with the evidence or other facts that favor a lesser charge.

This option is not limited to Class 6 felonies. Even a more serious felony may sometimes be reduced through an agreement. Whether that is possible will depend on the charge, the law, and the facts of the case.

If an agreement is reached:

1. The felony charge is changed to the agreed misdemeanor.
2. The agreement is presented to the judge.
3. The judge decides whether to accept it.
4. You confirm that you understand the terms and the rights you are giving up.

Accepting a plea agreement usually means giving up your right to a trial. Before you make that decision, your attorney can explain the penalties that may follow a misdemeanor conviction. Your attorney can also help you compare the offer with the possible risks of continuing the case.

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How an Undesignated Class 6 Felony Works

Arizona law allows certain Class 6 felonies to remain undesignated while a person completes probation. This means the court does not immediately classify the conviction as either a felony or a misdemeanor.

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Which Class 6 Felonies May Qualify?

The offense must be a non-dangerous Class 6 felony. This option is also unavailable if you have two or more prior felony convictions. When deciding how to classify the offense, the judge may consider what happened in the case and your personal history.

If the judge determines that a felony sentence would be too harsh, the court may enter a conviction for a Class 1 misdemeanor. The court may instead place you on probation and delay the final designation.

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How Is the Offense Treated During Probation?

An undesignated offense is generally treated as a misdemeanor while you complete probation. However, Arizona still treats it as a felony for certain legal purposes, including:

• Felony probation
• DNA collection
• Firearm possession restrictions
• The use of the conviction in a future criminal case

If you successfully complete probation, the court must designate the offense as a misdemeanor. Unpaid victim restitution or a willful failure to meet financial obligations may affect whether the court finds that you completed probation successfully.

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What Factors Can Affect Whether a Charge Is Reduced?

Whether a felony can be reduced depends on the facts of the case. Your attorney can review the facts of your case and look for reasons why a misdemeanor charge may be more appropriate.

Factors that may help include:

• Weak evidence: The charge may be harder to prove if evidence is missing or witness accounts do not match.
• Police mistakes: Evidence may not be allowed in court if police carried out an unlawful search or failed to protect your rights.
• The seriousness of the incident: Whether anyone was injured and what allegedly happened can affect the outcome.
• Your prior record: Having little or no criminal history may help.
• Your personal circumstances: Your background and the events surrounding the incident may provide helpful context.
• Steps taken after the arrest: Treatment or other efforts to address the situation may support a request for a lesser charge.

No single factor guarantees a reduction. In many cases, the state must agree to reduce the charge. Different rules apply when a judge is deciding whether an eligible Class 6 felony should become a misdemeanor.

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What Does a Misdemeanor Reduction Change?

Having a felony reduced to a misdemeanor can make an important difference. It may lower the possible penalties and help you avoid some of the lasting effects of a felony conviction. However, a reduction does not make the case disappear.

A misdemeanor outcome may mean:

• Less severe penalties
• A misdemeanor conviction instead of a felony conviction
• Fewer problems when applying for work or housing
• Less risk to certain professional licenses
• Fewer restrictions tied specifically to a felony record

The exact effect will depend on the misdemeanor charge and your situation. A misdemeanor conviction can still lead to jail, probation, fines, or other court orders.

A reduction also does not erase the original arrest or remove every court record. Dismissal, setting aside a conviction, and sealing a record are separate legal processes. Your attorney can explain what will remain on your record and whether you may qualify for other relief later.

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How Can a Criminal Defense Attorney Pursue a Reduction?

The charge filed at the start of a case is not always the charge that remains. An attorney can review your situation and determine whether there is a path toward a misdemeanor outcome.

Your attorney may: 

1. Review the charge: The first step is finding out whether the offense qualifies for Class 6 misdemeanor treatment or could be reduced through an agreement.
2. Study the evidence: Weak evidence or conflicting accounts may give your attorney a stronger reason to request a reduced charge.
3. Look for violations of your rights: Your attorney may challenge evidence if police obtained it through an unlawful search or improper questioning.
4. Present information that helps your case: Your background and the steps you have taken since the arrest may support a request for a lesser charge.
5. Seek an agreement with the state: Your attorney can explain why resolving the case as a misdemeanor may be appropriate.
6. Explain any offer before you accept it: You should understand the penalties and long-term effects before entering a plea.
7. Request misdemeanor designation: If you have an eligible Class 6 offense, your attorney can ask the court to designate it as a misdemeanor.

No attorney can promise that a felony will be reduced. However, getting legal help early gives your attorney more time to find problems with the case and protect the options that may be available.

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Frequently Asked Questions

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Can a Class 5 felony be reduced to a misdemeanor in Arizona?

A Class 5 felony cannot use the same misdemeanor designation process available to certain Class 6 felonies. However, it may still be reduced if the state agrees to replace it with a lesser charge. Whether this is possible depends on the law, the evidence, and the facts of the case.

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Is every Class 6 felony eligible for misdemeanor designation?

No. The offense generally must be a non-dangerous Class 6 felony. This option is also unavailable if you have two or more prior felony convictions. Other limits may apply based on the charge and your case history.

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Is an undesignated Class 6 offense a felony or a misdemeanor during probation?

Arizona generally treats an undesignated Class 6 offense as a misdemeanor while you complete probation. However, it is still treated as a felony for certain purposes. These include firearm restrictions, felony probation, DNA collection, and its possible use in a future criminal case.

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Does completing probation make the offense a misdemeanor?

Under Arizona law, the court must designate an eligible undesignated offense as a misdemeanor after you successfully complete probation. The court must still determine that you satisfied the conditions of probation and enter the designation. Unpaid victim restitution or a willful failure to meet financial obligations may prevent successful completion.

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Will the misdemeanor still appear on a background check?

It may. Reducing a felony to a misdemeanor changes how the conviction is classified, but it does not erase the arrest or court records. You may need to pursue a separate legal process to have eligible records sealed.

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Find Out Whether a Misdemeanor Outcome May Be Possible

You do not have to wait until a plea offer is made to learn whether your felony charge could be reduced. The earlier your case is reviewed, the sooner your attorney can identify weaknesses in the evidence and determine which outcomes may be worth pursuing.

Bring your charging documents and questions to a private case review with Armando Nava. Call Nava Law Firm at 602-975-4990 or submit the online form to request your free consultation.