In the State of Arizona, felonies are divided into six separate classes. Classes 4, 5 & 6 are deemed to be on the lower end of the spectrum, whereas Classes 1, 2 & 3 represent the most serious state offenses. In addition, all felonies are viewed as being either dangerous, or non-dangerous. Frequently, a crime designated by the State as "Dangerous", requires mandatory prison sentences without the possibility of Probation. Oftentimes these "Dangerous" Offenses involve deadly weapons [whether actually employed or not] or the death or serious physical injury of a human victim. In addition, many crimes involving children [designated DCAC or Dangerous Crimes Against Children] also preclude the possibility of Probation Eligibility.
Another aspect of felony indictment which can further distinguish a particular charge is whether or not the offense is considered a "Non-Repetitive" offense under the Code. Most offenses, given that they involve an isolated incident, are deemed non-repetitive and therefore are not subject to increased punishment under the Arizona Criminal Code.
Most current or prospective employers are typically more concerned about an employee or applicant that has a felony conviction as opposed to a misdemeanor conviction. This is because many employers naturally consider a felony conviction to be a more serious offense than a misdemeanor and therefore this can lead to termination or refusal of employment. Ideally, therefore, when attempting to resolve felony cases, it is very important that your attorney know how to favorably negotiate resolution of the criminal matter, and that you be advised of the possible ramifications of a guilty plea.
As part of our services, we have frequently been asked to intervene on behalf of a client to better explain a particular result to a current or prospective employer with the intent of providing sufficient information for the Hirer to make an intelligent, informed decision on a candidate. While it certainly depends on the particular job and applicant, we have successfully assisted clients in achieving their employment or educational goals subsequent to resolution of the underlying criminal case.
Another possibility when dealing with Non-Dangerous Offenses is that we can sometimes negotiate what is called an "Open" plea. In these types of arrangements, a person is given the opportunity to first complete probation, and then the sentencing judge has the option to Designate a felony conviction as a Misdemeanor. This is another means of procuring a favorable resolution for a client, providing additional incentive to successfully complete probation so as to allow the avoidance of a Felony conviction.
It is important to understand that, in a Felony case, a Judge [if probation is available] can sentence a person to a term of probation in lieu of a term of imprisonment. This basically means that, by complying with probation, a person can avoid prison altogether. However, even if a person is granted probation on a Felony, the Defendant may still be required to serve up to 1 [One] year in Jail to avoid a term of imprisonment. Often, this term of jail is within the discretion of the Court, although sometimes the State will require a minimum period of incarceration in allowing a probation eligible plea.
