13-604. Class 6 felony; designation
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 felony
for all purposes until such time as the court may actually enter an order designating the
offense a misdemeanor. 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. 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.
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