What Is an Arizona Class 6 Undesignated Felony and Can It Be Reduced?

An Arizona Class 6 undesignated felony, sometimes called a “Class 6 open”, is a unique sentencing category that gives a defendant a structured path to walk away with a misdemeanor on their record instead of a felony. It is one of the most valuable plea outcomes in Arizona criminal law, and it is the difference between a permanent felony record and a one-time correctable mistake.

What is an Arizona Class 6 undesignated felony?

A Class 6 felony is Arizona’s least severe felony class. The undesignated status is what makes it special. Under A.R.S. § 13-604, when a person is convicted of a non-dangerous Class 6 felony, the sentencing judge has the option to refrain from designating the offense as either a felony or a misdemeanor and instead place the defendant on probation. The case is treated as a misdemeanor for all purposes during the probation period, and on successful completion the court designates the offense a Class 1 misdemeanor.

People often call it a “Class 6 open” or a “13-604 outcome.” It is treated as a misdemeanor from the outset of probation under the 2022 statutory revision, with limited exceptions for firearm rights, sentence enhancement on a future case, and use as a historical prior. Two defendants charged with very different Class 6 offenses, say, third-degree burglary and a low-level weapons charge, can both end up with the same undesignated outcome if the facts and the plea negotiation support it.

The point of confusion we hear most often at undesignated status is, “will I have a felony record?” The answer is, while the court formally designates the offense undesignated, you are treated for almost every practical purpose as having a misdemeanor. Once probation completes, the court issues an order formally designating the offense a Class 1 misdemeanor and the felony exposure ends entirely. You don’t have to keep checking the felony box on job applications. You don’t have to disclose a felony conviction for housing. The exception is firearm rights, for that purpose, the offense is treated as a felony until the formal designation as a misdemeanor occurs through the Arizona set-aside statute A.R.S. § 13-905 or § 13-911 sealing.

How does the open felony statute actually work?

The mechanics are straightforward. At sentencing, the judge has discretion under § 13-604 to enter one of three alternative outcomes for a non-dangerous Class 6 conviction: enter judgment as a Class 6 felony with the standard sentencing range; enter judgment as a Class 1 misdemeanor outright; or refrain from designating the offense and place the defendant on probation. The third option is the open felony.

While a judge denies it open, the court typically places the defendant on probation with conditions. Common conditions include regular reporting to probation, drug and alcohol testing if the case warrants it, restitution, community service, and a defined fee structure. The term of probation can vary, but for a Class 6 it is typically between one and three years.

The designation question is then deferred. The result is essentially saying, “I am not deciding right now whether you are a felon. Show me how you handle probation, and I will decide then.” If the defendant succeeds, completes probation, pays what is owed, doesn’t pick up new charges, the court is required by statute to designate the offense as a Class 1 misdemeanor. If the defendant violates probation or picks up new charges, the court can revoke probation, designate the offense as a Class 6 felony, and impose prison.

Key takeaway: An undesignated Class 6 felony status is not the same as a Class 6 felony at sentencing. The court has not yet decided. The decision is yours to influence by what you do during probation.

Which Arizona charges are commonly Class 6 undesignated?

Not every Class 6 felony is eligible, and prosecutors do not offer undesignated status in every case. That said, certain charges show up as the resolution often enough that it is worth knowing the typical patterns:

• Possession of drug paraphernalia with a low non-dangerous personal use exposure
• Low-dollar theft and shoplifting offenses at the felony threshold
• Low-level forgery and credit card-related charges
• Some first-offense weapons misconduct charges
• Certain weapon misconduct charges

The pattern that ties offenses are dispositive of a dangerous offense, no priors, no significant prior arrest history, and a fact pattern where it is easy to draw a line between this case and the kind of repeat-offender pattern that prosecutors decline to negotiate. A defendant whose case fits that profile and who is represented by counsel willing to push the negotiations gives a meaningful path toward an undesignated resolution.

Can a Class 6 felony be reduced to a misdemeanor?

Yes, that is precisely what § 13-604 was designed to do. The statute creates two paths from a non-dangerous Class 6 to a Class 1 misdemeanor: an immediate designation at sentencing, or a deferred designation through successful completion of probation. The immediate designation is rarer and usually requires specific plea agreement language by the prosecutor. The much more common path is the open/undesignated route, where misdemeanor reclassification follows successful probation.

The judge’s discretion is the central feature here. Even on a “favorable” set of facts, the judge can still elect to designate the offense as a felony at sentencing rather than leave it open. Defense counsel can advocate for the open designation through written sentencing memoranda, character letters, presentation of mitigation evidence, and oral argument to category 1 or treatment programs the defendant has voluntarily entered. The statutory framework allows the court that latitude, but the court has to be persuaded.

What disqualifies you from undesignated status?

Several categories of cases are categorically excluded from § 13-604 designation. Knowing these matters because there is no point negotiating around an exclusion that is hard-coded into the statute. The categorical exclusions include:

• Any offense charged as dangerous, defined under A.R.S. § 13-105 as involving a deadly weapon, a dangerous instrument, or intentional or knowing infliction of serious physical injury
• Defendants who have two or more prior felony convictions, the statute makes them categorically ineligible
• Class 6 felonies that are part of a prosecution for any other offense the defendant is being sentenced on at the same time as a higher-class felony, where the sentencing court treats the cases globally
• Specific Class 6 offenses that the legislature has carved out of § 13-604 by statute, including some sex offenses, certain weapons charges, and a small list of others

If you fall into one of these categories, the open designation is off the table even if the facts otherwise support it. The defense strategy in that posture shifts toward charge reduction (negotiating the Class 6 down to a misdemeanor outright), creative plea structures, or pretrial motions and trial.

Penalty tiers for an Arizona Class 6 undesignated felony

The actual exposure on a Class 6 charge depends on which path the court chooses at sentencing. The undesignated status above is outcome A. Outcomes B and C are what happens if the open designation does not apply. The numbers below come directly from A.R.S. § 13-702, the first-time felony sentencing statute, and the repetitive offender provisions of § 13-703.

Penalties and Sentencing

Class 6 Undesignated Felony  ·  A.R.S. §§ 13-604, 13-702, 13-703

Sentencing for a Class 6 conviction depends on whether the court designates the offense, leaves it undesignated, or treats it as a misdemeanor outright. The four most common scenarios are below.

Left undesignated at sentencingA.R.S. § 13-604, open felonyClassificationTreated as misdemeanorCourtSuperior CourtProbationRequired (1–3 years typical)PrisonNone if probation completedFinal DesignationClass 1 misdemeanor on successPermanent RecordMisdemeanor on completionDesignated as a misdemeanor at sentencingA.R.S. § 13-604(D)ClassificationClass 1 MisdemeanorMaximum Jail6 monthsMaximum Fine$2,500 plus surchargesProbationUp to 3 yearsPermanent RecordClass 1 misdemeanorDesignated as a Class 6 felony at sentencingFirst offense, non-dangerous (§ 13-702)ClassificationClass 6 FelonyMitigated0.33 years (4 months)Minimum0.5 years (6 months)Presumptive1 yearMaximum1.5 yearsAggravated2 yearsProbationAvailableOne historical priorCategory 2 (§ 13-703)ClassificationClass 6 FelonyPresumptive1.75 yearsRange0.75 – 2.75 yearsProbationDiscretionary, less likelyUndesignated StatusGenerally not available

Why this layout matters: the gap between an undesignated outcome and a fully-designated felony at sentencing is enormous. An undesignated case ends with a misdemeanor and no prison time; a designated felony, even at the mitigated minimum, carries a felony record and at least four months of potential prison exposure. The negotiation that determines which outcome the court selects is the work that defines a Class 6 case.

Note on dangerous Class 6 offenses: If the offense is alleged as “dangerous,” the case sentences under § 13-704 with a presumptive of 2.25 years and no probation eligibility. Undesignated status is not available. Defending against the dangerous allegation when the facts allow is often the highest-leverage move on a Class 6 case where dangerous classification is in play.

What happens if the judge designates it as a felony instead?

If the court designates the offense a felony, either at the original sentencing or after a probation revocation, the defendant carries the full collateral consequences of a Class 6 felony conviction. That includes loss of voting rights during probation, loss of firearm rights for life unless restored through a specific application, loss of certain professional licenses depending on the field, immigration consequences for non-citizens, and the practical employment-and-housing barriers that follow any felony record on a background check.

The major consequences are firearm rights, voting rights and the potential to set someone up to be charged as a Category 1 felon. Even when the case is in low-stakes territory, a permanent felony designation, depending on the field of work, can disqualify someone from licensing, especially in healthcare, education, and security-sensitive industries. For a non-citizen, a Class 6 felony designation that survives a successful probation may still trigger removal proceedings, though Class 6 felonies generally carry less immigration exposure than higher-class offenses.

Defense counsel can challenge the designation determination directly. Mitigation evidence, character letters, employment history, treatment engagement, payment of restitution, should be presented at the time of sentencing if there is any chance the court is leaning toward a designated outcome. Where probation is being recommended but designation is uncertain, the defense argument typically becomes the difference between an undesignated and a Class 6 designation.

How do you petition the court to designate the offense a misdemeanor?

The petition process starts well before the motion is filed. Counsel should be tracking probation compliance from day one, paying down any restitution, completing required programs, ensuring drug tests come back clean, avoiding any new contact with law enforcement, and documenting community service or employment progress.

The steps generally include the following:

• Document compliance throughout probation. Notice of completion forms, restitution payment receipts, certificates of treatment completion, and other documentation
• Confirm probation is in good standing. Coordinate with the probation officer to confirm there are no open compliance issues
• File a written motion for designation as misdemeanor. Counsel files a motion under § 13-604 documenting compliance and asking for the misdemeanor designation
• Provide supporting documentation. Restitution records, employment, character letters, evidence of community involvement
• Attend the hearing. The court may set a hearing on the motion. If compliance is clean, designation is generally administrative, the court signs the order without significant argument needed

The role of counsel is significant here. Judges respond to motions that are properly supported, well-organized, and concise. Counsel can spot a probation violation problem before it derails the designation request, work with the probation officer to resolve documentation issues, and respond on the record to any objections from the prosecutor’s office.

Why negotiating for Class 6 undesignated status matters up front

One of the leverage in an Arizona Class 6 undesignated felony case is in the front phase. After a felony designation has already been made, after the prosecutor extends a sentencing offer, designation that is recommended to the court becomes much harder to alter. The work to secure undesignated status, what the defendant gets at the end of probation, has to happen during the plea negotiation, not after.

Negotiating undesignated status into the plea agreement is where defense counsel does the most work. Common counter-pressures include limiting the State’s ability to argue for designated status by securing language in the plea agreement that the State will not oppose undesignated treatment, locking in probation conditions that are realistic and completable, and ensuring that the plea has built-in language protecting the defendant’s misdemeanor outcome on successful completion.

The plea agreement is where undesignated status is secured. Probation compliance is what preserves it.

Michael Tamou and his team, including former prosecutors and law enforcement officers, work these cases from the plea negotiation forward. If you are facing a Class 6 charge in Arizona, or you have already been sentenced to an open felony and need to petition for misdemeanor designation, call 623-321-4699 for a confidential case review, or see our broader Arizona criminal defense lawyer overview.