Legal Question in Criminal Law in Arizona

I'm a 31 year old Caucasian male from Phoenix AZ. I was arrested for walking on the light rail bridge the passes over Tempe town lake last night around 3am. Apparently it is a class 6 felony "first degree criminal trespass". I do not have any prior convictions. I was intoxicated at the time and thought I was on a different bridge, tried explaining that to the officer but to no avail. My question is, do you think they will typically pursue the felony charge with no priors or will it be reduced to a misdemeanor? Thanks in advance.


Asked on 12/04/10, 11:54 pm

1 Answer from Attorneys
Timothy Linnins Linnins Law, PLLC

Often, with a first time lower level felony charge, the prosecutor will offer a misdemeanor. In Arizona, a class 6 felony can be designated a misdemeanor at the time of charging. Also, a court has the authority to leave a class 6 felony "undesignated" even after a conviction at trial. That means you could receive a misdemeanor designation if you successfully complete probation. But, it is considered a felony for the time period of your probation. To get the best result in your case, you should retain counsel.

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Answered on 12/18/10, 8:41 pm


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