People hear the word “misdemeanor” and assume the worst is already behind them. A night in jail. A fine. Something that goes away on its own. That assumption costs people their careers, their housing, and sometimes their ability to stay in this country.
A misdemeanor conviction in Arizona creates a permanent criminal record. It shows up on every background check an employer runs, every apartment application a landlord reviews, every professional licensing inquiry a board conducts. There is no automatic expiration date. The conviction stays until you take legal action to remove it.
If you are facing a misdemeanor charge in Scottsdale, you need a defense attorney who takes the case as seriously as you do. Brad Rideout is a former Arizona prosecutor who spent years on the other side of the courtroom. He knows how these cases are built, where they break down, and how to fight for the result you need. Whether the charge is assault, shoplifting, DUI, disorderly conduct, or criminal trespass, your defense starts now.
What Is a Misdemeanor in Arizona?
Arizona law divides criminal offenses into felonies and misdemeanors. Felonies carry potential prison time. Misdemeanors are the lower classification, but “lower” does not mean harmless.
Under A.R.S. § 13-707, misdemeanors are organized into three classes, each with its own maximum jail sentence and fine.
Arizona Misdemeanor Penalty Table
| Class | Maximum Jail Time | Maximum Fine |
|---|---|---|
| Class 1 | 6 months | $2,500 |
| Class 2 | 4 months | $750 |
| Class 3 | 30 days | $500 |
Fines are governed separately under A.R.S. § 13-802, which authorizes surcharges and assessments that push the total well above the base fine. A $2,500 fine for a Class 1 misdemeanor can become $4,000 or more once surcharges are applied.
Six months in jail is real time. Four months is real time. Even 30 days will cost you your job, disrupt your family, and leave a mark that lasts far longer than the sentence itself.
Common Misdemeanor Charges in Scottsdale
Assault (A.R.S. § 13-1203)
Simple assault is a Class 1 misdemeanor under A.R.S. § 13-1203. The statute covers intentionally, knowingly, or recklessly causing physical injury; placing someone in reasonable apprehension of imminent injury; and knowingly touching someone with the intent to injure, insult, or provoke. That third category means you can be charged with assault for touching someone without causing any injury at all.
Scottsdale’s Old Town bar scene generates a steady stream of these charges on weekends. Many arise from situations where both parties were drinking, both were escalating, and the person who called the police first became the “victim.” Defense strategies include self-defense, lack of intent, conflicting witness accounts, and challenging the alleged victim’s credibility.
Shoplifting (A.R.S. § 13-1805)
Shoplifting under A.R.S. § 13-1805 covers more than walking out of a store with merchandise. The statute includes concealing goods, changing price tags, transferring items between containers, and paying less than the purchase price through deception. Property valued under $1,000 makes it a Class 1 misdemeanor.
Scottsdale Fashion Square and the retail corridor along Scottsdale Road generate a large number of these cases. A shoplifting conviction creates a theft offense on your record, one of the most damaging categories for employment screening. Many employers reject anyone with a theft-related conviction regardless of the dollar amount.
Disorderly Conduct (A.R.S. § 13-2904)
Disorderly conduct under A.R.S. § 13-2904 is one of the broadest charges in Arizona’s criminal code. It covers fighting, unreasonable noise, abusive language, disrupting a business, refusing a lawful dispersal order, and recklessly handling a deadly weapon. The non-firearm version is a Class 1 misdemeanor.
Police use disorderly conduct as a catch-all when behavior is disruptive but does not fit neatly into a more specific statute. The vagueness of the charge is both its strength for prosecutors and its weakness. A defense attorney can challenge whether the conduct actually meets the statutory definition and whether constitutional speech protections apply.
Criminal Trespass
Arizona’s criminal trespass statutes span three degrees. Third-degree (entering or remaining on property after being asked to leave) is a Class 3 misdemeanor. Second-degree (entering a fenced residential yard or non-residential structure) is a Class 2. First-degree (entering or remaining in a residential structure) is a Class 1. These charges come up frequently in Scottsdale in connection with bars, restaurants, gated communities, and neighbor disputes.
First-Offense DUI
A first-offense DUI with a BAC between 0.08% and 0.149% is a Class 1 misdemeanor. Arizona imposes mandatory minimums that include jail time, fines, an ignition interlock device, alcohol screening, and license suspension. Even at the lowest level, a first-offense DUI conviction affects insurance rates, employment, and professional licensing for years. Our DUI defense page covers the full range of Arizona DUI charges and penalties.
Why a Misdemeanor Conviction Is More Serious Than You Think
The jail time and fines in the penalty table are only the beginning.
Employment
Most employers run criminal background checks, and a misdemeanor conviction appears indefinitely. Finance, healthcare, education, government, and any position requiring a security clearance screen aggressively. A shoplifting conviction can disqualify you from retail. An assault conviction can disqualify you from healthcare. A DUI eliminates any job requiring driving. Arizona is not a “ban the box” state for private employers, so companies can ask about criminal history on the initial application.
Housing
Landlords in Scottsdale run background checks. Property management companies routinely reject applicants with criminal records, particularly for theft, assault, or drug-related offenses. No law requires a landlord to overlook your record.
Immigration
If you are not a United States citizen, a misdemeanor conviction can trigger consequences from visa denial to deportation. Crimes involving moral turpitude, controlled substance offenses, and domestic violence convictions carry the highest risk. Even a conviction that seems minor under Arizona law can be treated as a deportable offense under federal immigration statutes.
Professional Licensing
Arizona licensing boards for attorneys, doctors, nurses, real estate agents, financial advisors, and teachers require disclosure of criminal convictions. A misdemeanor conviction can result in license denial, suspension, or conditions. The licensing consequences can be more damaging than the criminal penalties themselves.
Enhanced Penalties for Repeat Offenders
Arizona does not treat repeat misdemeanor offenders the same as first-time offenders. Prior convictions bring harsher plea offers, reduced willingness from judges to grant probation-only sentences, and increased likelihood of maximum jail time.
Certain offenses carry specific enhancements. A second DUI within 84 months triggers enhanced mandatory minimums: longer jail time, higher fines, extended license revocation. For assault and domestic violence misdemeanors, a pattern of repeat offenses can lead the state to file aggravated charges as a felony. A third domestic violence offense within 84 months is charged as a Class 5 felony, carrying potential prison time.
Every misdemeanor conviction you accumulate makes the next one worse. Fighting the current charge protects you from what the next prosecutor will do with your record two or five years from now.
How We Defend Misdemeanor Charges
Challenging the Stop or Arrest
Many misdemeanor cases begin with a police encounter. If the officer lacked reasonable suspicion to stop you or probable cause to arrest you, any evidence gathered after that point may be suppressed. A successful suppression motion can eliminate the prosecution’s entire case. Brad Rideout, as a former Arizona prosecutor, built cases that depended on the legality of stops and searches. He knows what the prosecution needs to survive a suppression challenge and where those foundations crack.
Attacking the Elements
Every criminal charge requires proof of specific elements beyond a reasonable doubt. For assault, that means proving intent. For shoplifting, proving you concealed merchandise with intent to deprive the store of its value. For disorderly conduct, proving your behavior met the statutory definition. If the prosecution cannot prove every element, you are not guilty.
Witness Credibility
Many misdemeanor cases come down to one person’s word against another’s. The alleged victim says one thing. You say another. Witnesses had been drinking. Surveillance footage tells a different story than the police report. A defense attorney willing to investigate the facts and obtain video evidence can change the outcome.
Negotiation and Diversion
Not every case needs to go to trial. The best outcome may be a negotiated plea to a reduced charge, a deferred prosecution agreement, or a diversion program that results in dismissal. Scottsdale City Court offers diversion options for qualifying defendants, particularly first-time offenders. Brad Rideout’s background as a former Arizona District Attorney gives him credibility at the negotiating table that produces better results.
Call Rideout Law Group to discuss your misdemeanor defense.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Scottsdale City Court: What You Should Know
Most Scottsdale misdemeanor cases are prosecuted in Scottsdale City Court, not Superior Court. City Court operates under its own procedures with prosecutors from the Scottsdale City Attorney’s office. If you were cited or arrested within Scottsdale city limits, your case will almost certainly be assigned here.
City Court prosecutors carry heavy caseloads. That creates both risks and opportunities. An overworked prosecutor may push for a quick resolution that ignores weaknesses in the case. A prepared defense attorney who has reviewed the evidence and identified problems can negotiate from a position of strength. Prosecutors with full dockets are more willing to resolve cases favorably when the alternative is a contested trial.
Rideout Law Group appears in Scottsdale City Court regularly. We know the prosecutors, the judges, and the procedures. That familiarity means fewer surprises and a more efficient defense.
Can a Misdemeanor Be Sealed or Set Aside?
Arizona offers two paths for addressing a misdemeanor conviction after the fact.
Record Sealing (A.R.S. § 13-911)
Arizona’s record sealing law, effective January 1, 2023, allows people with qualifying misdemeanor convictions to petition the court to seal their records. A sealed record is removed from public view, does not appear on most commercial background checks, and allows you to legally answer “no” when asked about prior convictions.
For misdemeanor convictions, the waiting period is generally three years after completing your sentence (all jail time served, fines paid, probation completed, court-ordered conditions satisfied). Certain offenses, including those requiring sex offender registration, are not eligible. For a full breakdown, visit our Arizona expungement and record sealing page.
Set-Aside (A.R.S. § 13-905)
A set-aside under A.R.S. § 13-905 does not erase the conviction. The court enters a notation that the conviction has been set aside and the case dismissed. The original conviction remains visible, but the notation signals that you fulfilled all conditions of your sentence.
A set-aside is available sooner than sealing (no mandatory waiting period beyond sentence completion) and covers some offenses that may not be eligible for sealing. For many people, a set-aside is a valuable first step while waiting for full record sealing eligibility.
Both remedies require a petition to the court. Having an attorney who understands what judges and prosecutors look for in these petitions increases your likelihood of success.
Frequently Asked Questions
Will a misdemeanor show up on a background check?
Yes. A misdemeanor conviction in Arizona is a permanent criminal record that appears on standard background checks. It does not expire on its own. The only way to remove it from public view is through record sealing under A.R.S. § 13-911, which requires a court petition after a waiting period.
Can I go to jail for a misdemeanor in Arizona?
Yes. A Class 1 misdemeanor carries up to six months in jail under A.R.S. § 13-707. A Class 2 carries up to four months. A Class 3 carries up to 30 days. Certain offenses, including DUI, carry mandatory minimum jail sentences that the judge cannot waive.
What happens if I miss my Scottsdale City Court date?
The judge will issue a bench warrant for your arrest. You can be arrested on that warrant at any time, including during a routine traffic stop. Failure to appear can also result in additional charges. If you have missed a court date, contact a defense attorney immediately to address the warrant.
Is a DUI a misdemeanor or a felony in Arizona?
A standard first-offense DUI (BAC of 0.08% to 0.149%) is a Class 1 misdemeanor. Extreme DUI (0.15% to 0.199%) and super extreme DUI (0.20% or higher) are also Class 1 misdemeanors with escalating mandatory minimums. DUI becomes a felony (aggravated DUI) when you drive on a suspended license, have two prior DUIs within 84 months, or have a passenger under 15 in the vehicle. Learn more on our DUI defense page.
Can a misdemeanor be reduced or dismissed?
Yes. Charges can be reduced through negotiation, dismissed when the evidence is insufficient, or resolved through diversion programs that lead to dismissal upon completion. A defense attorney who prepares the case for trial has significantly more leverage in these negotiations.
How long does a misdemeanor stay on my record in Arizona?
Permanently, unless you take action. Arizona does not automatically remove misdemeanor convictions. You must petition the court for a set-aside under A.R.S. § 13-905 or record sealing under A.R.S. § 13-911.
Do I really need a lawyer for a misdemeanor charge?
The prosecutor handling your case has legal training, experience, and access to police reports and evidence before you do. A defense attorney levels that playing field. Brad Rideout, a former Arizona prosecutor, knows how the state builds misdemeanor cases and where the weaknesses hide. The stakes of a conviction (criminal record, jail time, fines, employment consequences, immigration risks) justify professional representation.
Protect Your Future. Call Today.
A misdemeanor charge is not something to handle alone. The consequences are too lasting and the system is too weighted toward the prosecution for you to navigate without experienced counsel.
Brad Rideout and the team at Rideout Law Group fight misdemeanor charges with the same preparation and intensity we bring to every case. As a former Arizona District Attorney, Brad knows how prosecutors evaluate these cases, what evidence they rely on, and where their cases fall short. That knowledge works for you.
Contact Rideout Law Group for a confidential consultation about your misdemeanor charge.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Learn more about our approach to criminal defense or explore how we handle felony charges, assault and violent crimes, drug offenses, and domestic violence cases.
The information on this page is for educational purposes only and does not constitute legal advice. Every case is different, and the outcome of your case depends on its specific facts and circumstances. Reading this page does not create an attorney-client relationship with Rideout Law Group. If you are facing misdemeanor charges, contact our office directly for a confidential consultation about your situation.