Practice Area: Criminal Law / Child Abuse- Domestic Violence, class four felony charge
Date: December 2, 2019
Outcome: REDUCED- allowing for designation of a Misdemeanor at Sentencing
Description: Maricopa County Superior Court, State v. Mr. F.
Mr. F. was charged with a class four domestic violence felony, Child Abuse. Castillo Law obtained a supervised probation plea to an undesignated class six felony, which allows for the possibility of earning a misdemeanor upon the successful completion of probation. However, this initial plea offer would have required Mr. F. to have a felony on his record unless and until he successfully completes probation for a class six felony, which could be up to three years of probation. After the production of mitigation to the prosecutor, Castillo Law was able to negotiate a plea removing the earned misdemeanor language, so that a misdemeanor could be imposed at Sentencing by the judge.
At Sentencing, the Judge imposed one year of supervised probation, no jail, and designated the felony a misdemeanor at the time of Sentencing. This prevented Mr. F from obtaining a felony conviction altogether.
Results depend upon factors unique to each case. Results in one case do not predict results in another case.