What is an Undesignated Felony in Arizona?

In Arizona, many people facing criminal charges may hear the term “undesignated felony” but not understand what it means. An undesignated felony is a special type of Class 6 felony that gives defendants a chance at a better outcome. A Class 6 undesignated felony (sometimes called a Class 6 open) starts as a felony charge but can be reduced to a misdemeanor if the defendant successfully completes probation and meets all court requirements.

This unique classification offers hope to those who made mistakes but are committed to making positive changes. When someone with an undesignated felony finishes their probation without issues, the court can designate the offense as a misdemeanor instead of a felony. This change can make a huge difference in someone’s life.

Having a felony changed to a misdemeanor affects many aspects of life, including job opportunities, housing options, and civil rights. The court’s ability to reduce an undesignated felony shows that Arizona’s legal system recognizes the value of rehabilitation and second chances for those who demonstrate they deserve them.

Understanding Undesignated Felonies in Arizona

Arizona law has a unique provision that allows certain felonies to be “undesignated,” giving defendants a chance to have their conviction reduced to a misdemeanor. This special classification can make a significant difference in someone’s future after facing criminal charges.

Definition of an Undesignated Felony

An undesignated felony in Arizona is specifically a Class 6 felony that the court leaves “open” for possible reduction to a misdemeanor. When someone is convicted of an undesignated felony, the judge doesn’t immediately classify it as a permanent felony.

Instead, the court waits to see if the person successfully completes probation and meets all required conditions. If they do, the judge can designate the offense as a misdemeanor rather than a felony.

This process gives people a second chance and can prevent the lifelong consequences that come with felony convictions. The decision ultimately rests with the judge overseeing the case.

How Undesignated Felonies Differ From Other Felonies

Undesignated felonies stand apart from standard felonies in several important ways. First, they only apply to Class 6 felonies, which are the least serious felony classification in Arizona.

Standard felonies remain permanently on someone’s record as felonies. An undesignated felony, however, has the potential to be reduced to a misdemeanor if the person completes probation successfully.

This difference is significant because a misdemeanor conviction carries fewer long-term consequences than a felony. People with misdemeanors don’t lose rights like voting or gun ownership that felons typically lose.

Additionally, having a misdemeanor rather than a felony can make finding employment, housing, and educational opportunities much easier in the future.

Examples of Undesignated Felony Offenses

Common Class 6 felonies that may be eligible for undesignated status include:

• Possession of drug paraphernalia
• Theft of property valued between $1,000 and $2,000
• Criminal damage valued between $1,000 and $2,000
• Certain types of forgery
• Some domestic violence offenses

These offenses are serious enough to warrant felony charges but may not represent the kind of behavior that should permanently impact someone’s life.

The court typically considers factors like the defendant’s criminal history, the circumstances of the offense, and the person’s behavior during the legal process when deciding whether to leave a felony undesignated.

First-time offenders often have a better chance of receiving an undesignated felony compared to those with extensive criminal records.

Legal Process and Outcomes for Arizona Undesignated Felonies

Arizona law provides a unique opportunity for certain felony offenders through the undesignated felony process. This legal mechanism allows Class 6 felony convictions to potentially be reduced to misdemeanors, offering defendants a second chance and a path to avoid the lifelong consequences of a felony record.

How a Felony Becomes Undesignated

A Class 6 felony becomes “undesignated” when a judge chooses not to designate the offense as either a felony or misdemeanor at sentencing. This special status is only available for Class 6 felonies, which are the lowest-level felonies in Arizona.

When a case begins, prosecutors charge the crime as a felony. During plea negotiations or after trial, the judge can decide to leave the offense undesignated under Arizona Revised Statute 13-604.

This decision is typically based on:

• The defendant’s criminal history
• The nature of the current offense
• The defendant’s personal circumstances
• Recommendations from prosecutors and defense attorneys

The undesignated status creates a probationary period during which the defendant must demonstrate rehabilitation.

Sentencing and Probation Options

When a judge leaves a felony undesignated, the defendant usually receives probation rather than prison time. The probation period typically ranges from 1-3 years, depending on the specific offense and circumstances.

During probation, defendants must:

• Report regularly to a probation officer
• Maintain employment or education
• Avoid new criminal charges
• Complete community service hours
• Pay all fines and restitution
• Attend any required treatment programs

The court may also impose specific conditions related to the offense, such as drug testing for substance-related charges or anger management for assault cases.

Probation violations can lead to harsher consequences, including having the offense designated as a felony and possibly serving jail or prison time. Successful compliance, however, keeps the door open for misdemeanor designation.

Possible Effects on Criminal Records

An undesignated felony appears on criminal background checks in a unique way. While the conviction shows up during the undesignated period, its ambiguous status creates challenges for employment and housing applications.

Many employers and landlords screen for felony convictions. With an undesignated felony:

• The person must typically disclose the conviction
• They can explain its undesignated status
• They should note it may become a misdemeanor

During this period, some rights are restricted as if the conviction were a felony, including:

• Loss of firearm rights
• Ineligibility for certain professional licenses
• Possible immigration consequences for non-citizens

These impacts are significant but temporary if the defendant successfully completes probation and obtains misdemeanor designation.

Converting an Undesignated Felony to a Misdemeanor

The final step in the undesignated felony process is conversion to a misdemeanor. This happens when:

1. The defendant successfully completes all probation requirements
2. The court officially designates the offense as a misdemeanor

This conversion isn’t automatic. The defendant or their attorney must file a motion requesting the designation change. Judges typically grant these requests when probation is completed successfully, but it’s not guaranteed.

After designation as a misdemeanor, many rights are restored, and the conviction carries fewer consequences. The person can legally state they have never been convicted of a felony on job applications and other documents.

This process provides significant motivation for defendants to succeed on probation, as the difference between a felony and misdemeanor conviction can impact their future opportunities for decades to come.

Charged With A Crime In Arizona? Contact Us Today!

If you’re facing criminal charges in Arizona, especially a Class 6 undesignated felony, seeking legal help is crucial. Our criminal defense lawyer, Tyler M. Allen, provides expert defense services for those in need in the Tempe, Arizona area.

We understand the stress and confusion that comes with criminal charges and work hard to protect our clients’ rights and future opportunities. We offer free initial consultations to discuss your case. During this meeting, we can explain how undesignated felonies work and what options you might have.

Don’t wait to get help. The earlier you contact a defense attorney, the better your chances of a positive outcome. Many people have successfully had their undesignated felonies reduced to misdemeanors with proper legal representation.

Remember, having experienced legal representation can make a significant difference in your case’s outcome. The Law Offices of T. M. Allen has helped many Arizona residents navigate the complex criminal justice system and we can help you too!

Contact us today!