Can a Felony Be Reduced to a Misdemeanor in Arizona?

Yes — in Arizona, some felonies really can be reduced to misdemeanors. Under ARS §13-604, a Class 6 undesignated felony can be designated a Class 1 misdemeanor either at sentencing or after successful completion of probation. It is not automatic, it is not available for every charge, and it depends heavily on the facts of the case and how it is negotiated. But for the right client, it is the difference between a lifelong felony record and a manageable misdemeanor.

This is one of the most powerful tools in an Arizona defense lawyer's kit, and it is the reason why the charge level negotiated up front matters so much. If you were arrested on a felony, learn how the process works before you talk to a prosecutor. Start with our overview of Arizona criminal defense and, if drugs are involved, our drug crime defense page.

What ARS §13-604 actually allows

ARS §13-604 gives the sentencing judge two options for an eligible Class 6 felony. First, the judge can designate the offense a Class 1 misdemeanor at sentencing. Second, the judge can leave the offense undesignated — technically a felony, but not yet locked in — and then designate it a misdemeanor later, after successful completion of probation. The second path is where most of these reductions happen. It rewards clients who do the work and stay out of trouble.

The statute lists what disqualifies a charge: dangerous offenses under §13-704, offenses committed against children, offenses requiring sex-offender registration, and most historical prior felony situations. The takeaway is simple. A Class 6 non-dangerous, non-repetitive felony that is not on the exclusion list is the sweet spot. Common examples include some low-level drug possession, some theft and forgery cases, and certain weapons or resisting-arrest matters where the facts are not aggravated.

How the reduction is actually won

Every prosecutor and every judge weighs three things. First, the nature of the offense — is this a clean paperwork case or something that hurt a real victim? Second, your criminal history — is this an aberration or a pattern? Third, your conduct after arrest — treatment, employment, community ties, and compliance with pretrial release conditions. Strong cases are built long before the sentencing memo is filed.

1. Charge negotiation. The most important reduction often happens before conviction. Getting a Class 4 down to a Class 6 undesignated makes eligibility possible in the first place.
2. Plea structure. A stipulation to probation with the offense left undesignated preserves the option to convert to a misdemeanor at the end of probation.
3. Probation performance. Complete every class, pay every dollar of restitution, and pass every drug test. The judge's final call turns on this record.
4. Motion or stipulation for designation. At the end of probation, defense counsel files a motion (often stipulated to by the prosecutor) asking the court to designate the offense a Class 1 misdemeanor.

What a reduced misdemeanor does — and does not — do

A designation to Class 1 misdemeanor changes real things. Prison exposure disappears. Many professional licensing questions become answerable in a much friendlier way. The stigma of "felon" is off the record for most purposes. But the underlying record does not vanish, and background checks still see it unless you go further. That is why most clients pair the §13-604 reduction with a set-aside and, when eligible, record sealing — three tools working together. Our companion guide covers exactly how they stack: Set-Aside vs. Expungement in Arizona.

Firearm rights are their own conversation. A reduction to a misdemeanor does not automatically restore state or federal gun rights. That takes a separate petition and a careful review of the federal Lautenberg and felon-in-possession rules. Our practice area page on set-aside and record sealing explains how firearm restoration fits with the other post-disposition remedies.

A quick reality check

Not every felony can be reduced. If your case is a Class 2, 3, 4, or 5 felony, ARS §13-604 does not reach it directly — the negotiation goal is to get the charge down to a Class 6 first. If your case is dangerous, sex-related, or involves an aggravating priors profile, reduction is likely off the table by statute. And even for eligible cases, judges say no when the facts, history, or probation performance do not support it.

That is not a reason to give up. It is a reason to be strategic from the first court date. The earlier a defense lawyer is involved, the more room there is to fight for the charge structure that keeps ARS §13-604 in play. If your arrest just happened, start with what to do if you are arrested in Phoenix.

Talk to a Phoenix criminal defense lawyer today

If you or someone you love is facing an Arizona felony, the question of whether it can end as a misdemeanor deserves a real answer — not a guess. Call Your Phoenix Attorney at 623-335-4014 for a free, confidential consultation. We answer 24/7, offer written flat fees and payment plans, and serve Spanish-speaking clients in their own language.

This article is for general information only and is not legal advice. Every case turns on its specific facts. Speak with a licensed Arizona attorney about your situation.