Penalties

Published on: December 14, 2012

Assault with a Deadly Weapon Charges in Arizona

According the Federal Bureau of Investigations (FBI) crime statistics and reports, there were approximately 26,311 arrests made for violent crimes reported in 2011. An estimated 7,127 of those involved Aggravated Assault charges, and many of those offenses involved use of a deadly weapon. These are extremely serious charges that if convicted, can result in long term to life prison sentencing in the case of serious injury to a victim; or capital punishment in the case of homicide.

Felony Assault Laws

Assault involving possession or use of a Deadly Weapon or instrument elevates a charge to an Aggravated Assault which is a felony. Arizona defines a “Deadly Weapon” under A.R.S. 13-105 (15) as anything designed for lethal use, and includes firearms.

Continue reading →

Published on: October 2, 2012

Motorcycle DUI in Maricopa County – Police Detection Indicators

By James E. Novak, P.L.L.C.

The National Highway Traffic Safety Administration (NHTSA) sponsored research that focused on motorcycle DUI – DWI indicators. These are early cues police may use to detect a non-impaired driver from an impaired driver who may be under the influence of alcohol or drugs.

Motor Cycle DUI Indicators

NHTSA’s recent studies turned up 14 indicators, as well as probability levels of certain driving behaviors being consistent with impaired or drunk driving:

Continue reading →

Published on: September 22, 2012

Marijuana DUI in Tempe, AZ: Establishing Driver Impairment

By James E. Novak, P.L.L.C.

In Arizona, a motorist may be charged with Marijuana DUI, if they are under the influence of Marijuana, and they are driving “impaired to the slightest degree” A.R.S. 28 § 1381.

The burden of proof rests with prosecution to “prove beyond a reasonable doubt” that a person was actually driving impaired due to Marijuana found in their bloodstream.

Marijuana can actually remain in the blood stream for days and even weeks depending on how much was inhaled or ingested, and the frequency of use. In some cases, traces of Marijuana can be found after a month of use has passed.

Continue reading →

Published on: August 14, 2012

Domestic Violence (DV): Difference Between Misdemeanor and Felony DV in Scottsdale

By James E. Novak, P.L.L.C.

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.

Continue reading →

Published on: April 20, 2012

Aggravated Assault in Arizona: Definitions and Penalties

By James E. Novak, P.L.L.C.

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:

Continue reading →