Articles Tagged with Felony

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AZ High Court uses “constructive possession” standard in reverse-sting operation case.

In State of Arizona v. Keven Ottar and Ruan Junior Hamiliton, recently, the Arizona Supreme Court affirmed the Appeals Court decision to continue prosecution of Marijuana Possession charges, even though the defendants did not leave with the drugs.

The case involved a “reverse-sting” operation where law enforcement officials went undercover and acted as dealers to sell illegal drugs, rather than buying them.  The defendants met with undercover detectives who agreed to sell a large quantity of Marijuana to the defendants. The defendants and undercover detectives completed most of all transactions of the sale. However, the defendants were arrested before they could leave with the drugs. Given this was a reverse-sting operation detectives did not allow the defendants to actually take and leave with the Marijuana. Multiple charges were handed down in the arrests, including Marijuana Possession charges.

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Any assault against police, by word or conduct, is a felony in Arizona

Aggravated (Felony) Assaults of a police officer is serious in Arizona. Depending on the circumstances, classifications may range from Class 6 felonies, up to Class 2 felonies. The only offenses more serious than Class 2 felonies are reserved for the most serious Class 1 felony crimes, such as homicide.

Felony Assault of Peace Officer Laws

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Adverse consequences of Felony DUI convictions are far reaching, and can last a lifetime.

In Arizona a person convicted of a third or subsequent DUI within 7 years or 84 months will be found guilty of Aggravated DUI, Class 4 Felony charges.  Felony DUI convictions are very serious and will result in harsh sentencing including at least 4 months in State Prison.

A first offense DUI is generally charged as a Class 1 Misdemeanor, which calls for jail terms, but not prison.  There are several aggravating factors under Arizona law that can elevate a Misdemeanor DUI to an Aggravated DUI.  One of those factors is to be found guilty of a third DUI within in 84 months.

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In Arizona, one primary factor for charging a suspect with possession of Marijuana with intent to sell is the quantity of a drug found in a person’s possession. In order to prosecute these charges there must be some additional evidence presented to support the charge. Examples may include proof beyond a reasonable doubt that you were intending to exchange something for the drugs such as cash, weapons, or other illegal drugs.

It could also include evidence of paraphernalia in close proximity to the drugs such as scales, ledgers, text or telephone records; baggies and other evidence that suggest the Marijuana was in a person’s possession for sale or intent to sell. Sometimes, co-defendant’s testimony in the same case or a different case leads to finding, arresting and prosecuting suspects for possession with intent to sell.

Classifications for Marijuana for sale or intent to sell

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The main difference between Misdemeanor Theft and Felony Theft charges is the dollar value of the amount stolen. The second difference is the penalties involved. The higher the dollar value of the stolen property or service, the more severe the penalties if convicted.

Under ARS § 13 – 1802 theft charges will be brought as Misdemeanors unless the market or dollar value of the property exceeds $1,000.00. Theft crimes involving items that exceed that amount will be brought as a felony.

The exception to this is if it is a firearm or an animal. Charges for theft of an animal or gun, will be charged as a felony, even if the dollar value is below $1,000.00,

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The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:

  • Classification:  Domestic Violence is a Misdemeanor. Aggravated Domestic Violence is a Felony.
  • Penalties: Misdemeanor Domestic Violence convictions do not carry prison sentences. Felony Domestic violence convictions will result in prison sentencing.  
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Synthetic Drugs

“Some people mistakenly think that because a drug is synthetic or imitation, that it is legal.”

Law enforcement officials issued 17 search warrants in Maricopa County, as part of a nationwide operation targeting simulated illegal drugs including Cocaine, Meth, Marijuana and synthetic chemicals. The effects of such sales are being called an “epidemic” of the designer drug market.

Raids were conducted targeting manufactures, distributors, retailers, and individuals involved in sales of simulated drugs. Law enforcement in Arizona seized over $3 million in assets; over 3,000 pounds of synthetic Marijuana products and chemicals, and over 700 pounds of bath salts, including related substances, firearms and vehicles used in the illegal operations.

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Theft charges may be brought as Misdemeanors or Felonies. Felony Thefts are those where the values or dollar amount of stolen property exceed a specified amount by law. Other factors are also considered including the nature or type of items stolen. Felony thefts will be charged under ARS § 13 – 1802  if the value of stolen property is:

  • Equal or more than $1,000.00;
  • Under $1,000.00, if the stolen property is a Firearm;
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Misdemeanor assault charges are raised to felony or assault charges, when certain aggravating factors surround the assault. Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or injure another person or victim. All Felony Assault charges carry prison sentencing if convicted in Arizona. You will need an experienced assault defense attorney to legally represent you to assure you will be treated fairly;  protect your rights; and defend your charges.

Arizona Aggravated Assault: A.R.S. § 13-1204 (A) Classification

A person may be charged with aggravated assault under A.R.S. § 13-1204 (A) if the person  knowingly, recklessly, or intentionally provoke, injure, insult, cause physical injury or harm to another person. Specifically a person may be guilty of felony assault or aggravated assault if they:   

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If you were charged with disorderly conduct in Scottsdale, you should consult a criminal defense attorney to discuss your matter, and defense options. The penalties can be severe depending on the circumstances and classification of the charges. Charges may be brought as misdemeanors or felonies depending on the facts of your case.  Disorderly conduct charges  sometimes follow a warning by police, but not always.  Due to the nature and subjectivity of the charges, they are frequently challenged; and often dismissed due to lack of sufficient evidence.

Disorderly Conduct  Penalties

If convicted of  Class 1 Misdemeanor under Disorderly Conduct Laws  A.R.S. 13-2904,  the penalties may include up to 6 months incarceration; $2500.00 fines; fees; costs; probation; and other penalties.