13-604. Class 6 felony; designation

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.

The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.

B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes:

1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1.

2. For the purposes of DNA collection pursuant to section 13-610.

3. Determining the defendant's right to possess a firearm pursuant to chapter 31 of this title.

4. Being used as a historical prior felony conviction.

5. Being admissible for impeachment purposes in a subsequent trial.

6. Being used to enhance the sentence pursuant to chapter 7 of this title.

7. For the purposes of issuing a lifetime injunction under section 13-719, subsection A.

C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court. The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation. This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation.

D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:

1. An information in superior court designating the offense as a misdemeanor.

2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.

3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.