Blank Arizona Class 6 Undesignated Felony PDF Template

SELF-SERVICE CENTER

APPLICATION TO REDUCE

CLASS 6 UNDESIGNATED FELONY

to a MISDEMEANOR

CHECKLIST

You may use these forms if . . .

The class six felony conviction is undesignated at the time of this application.

Prior to admitting to or being found guilty of this class 6 undesignated felony, you had not been convicted of two felony offenses.

The class 6 felony did not involve the intentional or knowing infliction of serious physical injury.

The class 6 felony did not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

Deadly weapon means anything designed for lethal use, including a firearm.

Dangerous instrument means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

You are NOT eligible for relief if the Court designated it a felony or the parties stipulated at the time of sentencing that the offense would be a designated felony.

READ ME: Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at www.superiorcourt.maricopa.gov/SSC

Self-Service Center

APPLICATION TO REDUCE

CLASS 6 UNDESIGNATED FELONY

TO A MISDEMEANOR

This packet contains court forms and instructions to file a request for a Court Order to reduce a Class 6 undesignated felony to a misdemeanor. Items in BOLD are forms that you will need to file with the Court. Non-bold items are instructions or procedures. Do not copy or file those pages!

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.

INSTRUCTIONS FOR APPLYING FOR CLASS 6 UNDESIGNATED FELONY TO

BE DESIGNATED A MISDEMEANOR

Please read the following before completing the attached Application.

Any information needed from the court to fully complete the Application is available at the Clerk of the Court’s Customer Service Center located at 601 West Jackson Street in downtown Phoenix. Hours are 8:00 a.m. to 5:00 p.m., excluding holidays and weekends. They may be contacted at 602-506-3360.

To be eligible to have your class six felony designated a misdemeanor, the following must apply:

1.The class six felony conviction must be undesignated at the time of the application. You are not eligible for relief if the Court designated it a felony or the parties stipulated at the time of sentencing that the offense would be a designated felony.

2.Prior to admitting to or being found guilty of the class 6 undesignated felony, you had not been convicted of two felony offenses.

3.The class 6 felony did not involve the intentional or knowing infliction of serious physical injury.

4.The class 6 felony did not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

•Deadly weapon means anything designed for lethal use, including a firearm.

•Dangerous instrument means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.

FILL OUT THE ENTIRE APPLICATION

In the body of the Application, explain what you are requesting and why. For example: “I want my felony conviction of a class 6 undesignated felony reduced to a misdemeanor to improve my ability to obtain employment.”

Write in the date you mailed or delivered the copy of the Application to the prosecuting agency.

2ND Form: ORDER DESIGNATING CLASS 6 FELONY AS A MISDEMEANOR

Write in your name as “Defendant”, the case number, and the name of the Class 6 felony to which you plead guilty or were otherwise convicted.

MAKE COPIES: Make 3 copies of the Application and 2 copies of the Order.

MAIL or DELIVER 1 copy of the Application to the agency that prosecuted your case, either the:

NEXT: Go to the “Procedures” page for information and instructions on how to file your Motion (and what to do with the extra copies).

This was either my first or second felony conviction. In addition, this class 6 felony conviction was not a dangerous offense in that it did not involve the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.

The checked items apply to this application.

On the day of, 20 , I completed the conditions of my probation and

the Probation Department’s order discharging me from probation is in the Court file or attached to this form, OR

I have complied with all required terms of my probation (including all employment, classes, community service, restitution, drug/alcohol testing, or other requirements), or

I have not complied with all terms of my probation.

If you have not complied with all terms of your probation, explain below:

APM

Case No.

I have been charged with or convicted of a felony offense since the date of my conviction for this offense. The case number and charges are as listed below.

I request that the class 6 undesignated felony of which I was convicted in this case, be designated a misdemeanor for the following reason(s)

Therefore, based on A.R.S. § 13-604, I respectfully request this Court designate the offense a misdemeanor.

OR, if the case was prosecuted by the Attorney General rather than the County Attorney, To:

Arizona Attorney General’s Office

1275 West Washington Street

Phoenix, Arizona 85007

APM

There being good cause, IT IS ORDERED designating the class 6 undesignated felony for the

Done in open court this ______ day of ____________, 20___,

_____________________________

Judicial Officer

SELF-SERVICE CENTER

PROCEDURES: HOW TO FILE THE FORMS TO HAVE YOUR CLASS 6 UNDESIGNATED FELONY RE-CLASSIFIED AS A MISDEMEANOR

STEP 1: Complete the Application and the Order (except for the Judge’s signature), and: Make 3 copies of the Application, and

Make 2 copies of the Order,

STEP 2: Prepare 2 envelopes, including postage: (if applicable* – see below)

Address one to the prosecutor’s office as directed in the “Instructions” document.* Address one to yourself (if you want the Court to mail the decision to you).

*If hand-delivering to the prosecutor’s office you may simply deliver the Application without

envelope (or in an envelope without postage).

STEP 3: GO TO THE CLERK OF COURT FILING COUNTER TO FILE YOUR PAPERS.

The Court is open from 8am-5pm, Monday-Friday. You may file your papers at any of the following Superior Court locations:

Give ALL four of the Application forms to the Clerk at the Filing Counter. There is NO FEE for filing this Application. The clerk will stamp the original and copies, keep the original, and return the copies to you.

One copy is for the prosecutor’s office. Hand-deliver or insert Application in envelope and mail.

One copy is for the Judicial Officer assigned to your case.

One copy is for you to keep for your records.

STEP 4: Go to Criminal Court Administration (Ask Filing Counter for location). Deliver to the in-box of the Judge or Commissioner assigned to your case:

1 copy of the APPLICATION,

2 copies of the ORDER, and

The self-addressed stamped envelope addressed back to you.

If you do not know which Judicial Officer is currently assigned to your case, you may call Criminal Court Administration at 602-506-8575, or ask the person at the Administration counter for help. Alternatively, you may mail the above to:

Criminal Court Administration, 201 W. Jefferson Street, Phoenix, AZ 85003

WHAT NEXT? WAIT. There is no specific time limit for the Judge to rule on your request.

If you have not received a copy of the Court’s Order (if you provided an envelope), or

If no decision has been posted in the Clerk of Court’s Electronic Court Records (ECR) within 30 business days, you may inquire with the JA (Judicial Assistant) of the assigned Judge or contact Criminal Court Administration for an update.

You may register for free access to your online electronic court records at: https://ecr.clerkofcourt.maricopa.gov