Superior court maricopa county. I was charged with agg assault. Signed plea agreement for attempted agg assault-designated class 1 misdemeanor.. Probation agreement is for agg assault undesignated misdemenour 1. Am I convicted of agg assault or attempted agg assault? Appreciate any help.
Hopefully this link will help you out. http://aztriallawyer.blogspot.com/2009/06/class-6-undeisgnated-felony-offense.html
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
It can't be for both. As the judge and your lawyer would have explained, if you plead to an undesignated class 6 felony it can become a class 1 misdemeanor once you successfully complete your probation. Until then, it's a felony. Once your probation is successfully completed the judge can designate as a misdemeanor or leave undesignated until a later time. It's a great way to keep a felony off your record so make sure you comply with probation.
If the plea agreement indicated the conviction was for a class 1 misdemeanor, then you have a misdemeanor conviction on your record. If the plea agreement said that offense was a class 6 undesignated offense, then you have an undesignated offense on your record. After you successfully complete probation you can ask the court to designated the offense a misdemeanor. Even though the offense may be an undesignated offense, you still suffer the collateral consequences as someone with a designated felony conviction, and if you don't successfully complete probation or if your probation is revoked, then the court will sentence you under the felony sentencing ranges.
This post is horribly confusing.
A class 1 misdemeanor is a misdemeanor
A class 6 undesignated felony is a felony unless and untilt he judge designates it a misdemeanor and it can only be designated a misdemeanor when probation has been entirely completed.
You should be asking your attorney these questions.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline