A class 6 undesignated felony offense is also often referred to as a 6 “open” felony. In Arizona, felony offenses are categorized between 1 and 6, with 1 being the most serious felony offenses and 6 being the lowest, or least serious, category of felonies. Under Arizona law (A.R.S. §13-604), so long as the offense is not a “dangerous offense,” a judge may leave a class 6 felony offense undesignated or “open” at the time of sentencing if “it would be unduly harsh to sentence the defendant for a felony.” An undesignated class 6 offense is treated as a felony for all purposes until a court enters an order designating the offense a misdemeanor. This means that, while the offense is treated as a felony for now, it is “undesignated” which allows the possibility that it can eventually be designated a misdemeanor offense instead of a felony. This is done to create an incentive to successfully complete probation and “earn” a misdemeanor.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004