Is my criminal charge a misdemeanor or a felony?

In Arizona, criminal matters are either Misdemeanors or Felonies. A class 1 misdemeanor has a maximum penalty of six (6) months in the county jail. It also includes a fine of up to $2500 plus surcharges and up to three (3) years summary probation. Class 2 and 3 Misdemeanors are less serious, with reduced penalties. A felony conviction can send you to prison, and leave you with a lifelong criminal record while losing your right to own or posess a gun.

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What is the maximum penalty for a class 1 misdemeanor?

A misdemeanor has a maximum penalty of six (6) months in the county jail. This is the most seriuos misdemeanor. It also includes a fine of up to $2500 plus surcharges and up to three (3) years summery probation. Class 2 and 3 Misdemeanors are less serious.

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What are the different classes of felony?

A felony has six classes. For example a class one would be first degree murder. Class two - Aggravated Assault; Dangerous trafficking narcotic drugs or dangerous drugs.

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What is a Dangerous Allegation?

Any class felony can have a "Dangerousness" allegation attached. Penalties become substantially enhanced with this label, including mandatory prison. A Dangerousness Allegation is use of a firearm or any kind of dangerous instrument or deadly weapon when used to commit a crime. This can include a car. In other words, if you are involved in a DUI accident and you hurt someone, the Dangerousness Allegation is thrown on top of the Aggravated Assault charge and you are looking at mandatory prison.

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What if I am convicted of a felony while on probation, parole or community supervision?

Arizona also has mandatory sentencing on cases in which you commit a felony crime while on release, while on probation, while on parole or while on community supervision. If you have a prior conviction and you get charged and convicted of another felony conviction under the above circumstances, you are possibly looking at mandatory prison time.

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I’ve been charged with possession of drugs, what will happen to me?
(Prop. 200)

If you have been charged with a simple possession charge, for example possession of meth- amphetamine, and it is your first drug offense with no prior dangerous convictions, you are given probation with absolutely no jail time. If you are put on probation, it typically will be for three (3) years and the state of Arizona will monitor you during this time. You will have to go through drug counseling and random urine analysis tests. A second offense can result in jail, but not prison. A third offense may result in prison.

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What is TASC?

You maybe given another option, if you choose, by going to TASC. If you complete this year long program there will be random drug tests, a significant amount of counseling and a fee. The benefit is that your charge gets dismissed. You may still have an arrest record, but you will not have a conviction.

As an example, in the case of possession of marijuana. Typically the first offense defendant will be offered a misdemeanor or will be offered TASC for a six (6) month program and counseling. Again, if you complete the TASC program, your charge gets dismissed. Once you complete TASC however, you are not eligible for TASC again.

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Will my felony conviction ever be dismissed?

No. Under Arizona law you may have your conviction set aside but not dismissed. (Exception, some Domestic Violence Convictions).

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What are Franklin & Associates fees for criminal cases?

Franklin & Associates fees are determined on a flat fee basis. Many law firms bill clients by the hour.

With Franklin & Associates, you will know UP FRONT what your case will cost. Flat fees include a wide range and are structured by the particular crime, including things like prior convictions, whether there will be a trial, etc. Financial situations are taken into account also.

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