What Is a Class 6 Felony in Arizona and Can It Become a Misdemeanor?
If you or a loved one has been charged with a Class 6 felony in Tucson or anywhere in Pima County, Arizona, you may be surprised to hear that not all felonies are treated the same. In fact, under Arizona law, some Class 6 felonies can be reduced to misdemeanors, either at the time of sentencing or after successful completion of probation. This legal gray area can make a huge difference in someone’s future, affecting everything from employment opportunities to housing to professional licensing.
In this article, I’ll break down what a Class 6 felony is, how it differs from other felony classes, what it means when the charge is left “undesignated,” and how we work to position our clients for the best possible outcome—including the possibility of a misdemeanor designation.
What Is a Class 6 Felony in Arizona?
Arizona law classifies felonies from Class 1 (the most serious) to Class 6 (the least serious). Class 6 felonies can include a wide range of offenses, such as certain types of assault, theft, criminal damage, possession of drug paraphernalia, unlawful imprisonment, and various preparatory offenses like attempted crimes or solicitation. Because this category functions as a catch-all for lower-level felonies, there is often more discretion available to both prosecutors and judges when deciding how to handle these charges.
In terms of punishment, a Class 6 felony carries a presumptive prison sentence of one year for a first-time offender, with a range from four months to two years. However, many first-time defendants are not sentenced to prison at all. Instead, they may be placed on probation, which opens the door for a misdemeanor designation.
What Is an Undesignated Felony?
When someone pleads guilty to a Class 6 felony, the court can choose to treat the conviction as "undesignated"—often referred to as a “Class 6 open.” That means the conviction is technically a felony for now, but the court has discretion to later designate it a misdemeanor.
This flexibility allows judges to consider the full picture of the defendant’s circumstances and performance on probation. Unlike in the past—when Class 6 undesignated offenses were treated as felonies unless or until reduced—Arizona law now leans toward treating these offenses as misdemeanors for most purposes, unless and until designated otherwise. However, one key exception is that if someone is placed on felony-level probation, the conviction is treated as a felony during that period.
What Factors Does the Court Consider?
When deciding whether to designate a Class 6 undesignated felony as a misdemeanor—either at sentencing or upon successful completion of probation—the court considers a range of factors. These include the nature and circumstances of the offense, the defendant’s criminal history and character, the views of the victim, and other mitigating information presented by the defense.
In some cases, the plea agreement may permit or even encourage the defense to ask the court to designate the offense as a misdemeanor at sentencing. In other cases, that issue may be left open to revisit after probation. At AJB Law Firm, we make it a priority to present our clients in the best possible light—through character letters, proof of employment or education, counseling or treatment records, and a thoughtful explanation of what happened and why.
Why Does It Matter So Much?
A felony conviction is life-altering. Even if someone avoids prison and serves only probation, a felony record can:
Disqualify you from many jobs
Limit housing options
Revoke or prevent professional licenses
Impact immigration status
Result in loss of civil rights
By contrast, a misdemeanor is far less stigmatizing. It still shows up on background checks, but it doesn’t carry the same barriers or penalties. In fact, for many first-time offenders, being able to say, "I have never been convicted of a felony" is a big deal.
In Pima County and Tucson courts, we frequently advocate for misdemeanor designations at sentencing for clients who demonstrate strong mitigation and a commitment to moving forward. Judges do listen—especially when we show that a felony conviction would do more harm than good.
How We Build the Case for a Misdemeanor Designation
Every case is different, but here are some of the ways we frame the argument:
Character letters from family, friends, or employers
Proof of employment or school enrollment
Evidence of treatment or counseling (anger management, substance use, etc.)
A thoughtful, remorseful statement from the client
Emphasizing lack of injury or weapon involvement
Pointing out efforts to avoid future legal trouble
We also emphasize that Arizona law supports a misdemeanor designation for many Class 6 open offenses unless there is a compelling reason to keep them as felonies. This reflects the Legislature’s intent to give people a second chance when appropriate.
Frequently Asked Questions (FAQs)
Can a Class 6 felony be dropped to a misdemeanor automatically?
No. It requires either a court decision at sentencing or a motion filed after successful completion of probation.
Can I get my gun rights back after a Class 6 felony?
Possibly, but not right away. If the offense is designated as a misdemeanor, gun rights may not be lost in the first place. If it remains a felony, restoring rights is a separate legal process.
Will a background check still show the felony?
If the offense is undesignated or still a felony, it will appear as such. If it is later designated a misdemeanor, it should reflect that on background checks, though delays and discrepancies can occur.
Can I get my record sealed or expunged?
Arizona has a relatively new law allowing for record sealing in certain cases. If your offense is later designated as a misdemeanor, you may have additional options. It’s worth consulting an attorney.
Conclusion: A Second Chance Is Within Reach
Being charged with a felony is scary. But not all felonies are created equal, and not all lead to lifelong consequences. If you’re facing a Class 6 felony in Tucson or Pima County, you may have a real chance to resolve the case in a way that protects your future.
Whether it's through negotiation, thoughtful sentencing advocacy, or helping you successfully complete probation, our goal is to help you walk away with the best possible outcome—and ideally, with a misdemeanor instead of a felony.
If you have questions about your case or want to know whether a misdemeanor designation might be possible for you or a loved one, reach out. We're here to help you understand your options and fight for your future.
