Articles Posted in Criminal Defense

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Last updated August 31, 2026 · Reviewed by James E. Novak

Arizona has created a way for a person convicted of a low-level felony to have that conviction re-entered as a class 1 misdemeanor. House Bill 2749, signed on June 4, 2026, adds section 13-604.01 to the criminal code, and the section takes effect on September 12, 2026. It also repeals itself after September 30, 2028, which gives the remedy a two-year life unless the Legislature extends it.

The new section lets a court enter judgment of conviction for a class 1 misdemeanor on a class 4, 5, or 6 felony that did not involve a dangerous offense, where the court makes five specific findings. James E. Novak has defended Arizona felony charges in Maricopa County for more than 20 years, and I have had a version of this conversation with clients many times. Until now the answer was the same every time. The felony stayed a felony.

What Section 13-604.01 Lets a Court Do

A misdemeanor designation is a court order replacing a felony judgment of conviction with a judgment for a class 1 misdemeanor on the same offense. Section 13-604.01 operates notwithstanding any other provision of title 13, which is what gives it reach over the ordinary classification rules. The court is not resentencing and not vacating anything. It is entering a judgment of conviction for a class 1 misdemeanor in place of the felony judgment, which changes what the record says the person was convicted of.

The distinction matters because the practical weight of an old low-level felony is rarely the sentence, which has long since been served. It is the classification itself, showing up on background checks, licensing applications, and rental screening years after the case closed. Moving a conviction into the misdemeanor column changes the answer to a question that gets asked constantly.

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Just standing near a crime is not a crime. But a recent Arizona Court of Appeals ruling shows that the so-called “mere presence” defense has real limits — and that the standard burglary jury instructions may already cover it. The Law Office of James E. Novak defends burglary and theft cases across Maricopa County, and this decision shapes how those defenses play out in court. Learn more about your Arizona criminal defense options.

What Did the Arizona Court of Appeals Decide?

In State v. Aguirre, No. 1 CA-CR 25-0338, decided April 22, 2026, the Arizona Court of Appeals, Division One, affirmed a third-degree burglary conviction out of Maricopa County Superior Court. The defendant was caught on a Phoenix parking garage roof with two other men. One had a crowbar. Another had a bolt cutter. Cut copper wire was strewn nearby. He told officers he was hired to be a “lookout.”

On appeal, he argued the trial judge should have given the jury a “mere presence” instruction on its own — even though the defense never asked for one. The court rejected that argument and affirmed his 10-year prison sentence as a repeat offender.

The court held that when jurors are properly told the State must prove specific intent under A.R.S. § 13-1506 and A.R.S. § 13-301 (accomplice liability), a separate mere presence instruction is arguably redundant. No prior Arizona case has ever found this kind of omission to be fundamental error.

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If you have a criminal case in Phoenix, the pretrial conference is usually the first court date where your case can move in a meaningful way. The Law Office of James E. Novak uses this hearing to force clarity on the evidence, lock in deadlines, and position the case for dismissal, reduction, or trial-ready motion practice. In Arizona, a prosecutor still must prove the charge beyond a reasonable doubt, and the pretrial conference is where a good defense starts pressing that burden with structure.

Why This Hearing Matters More Than People Expect

Most people picture court as “trial or no trial.” Pretrial is where the real work happens. In Maricopa County, the judge uses this hearing to confirm where the case stands and to set the schedule that controls what happens next. Your defense uses it to expose weak proof, demand missing discovery, and tee up motions that can limit or exclude evidence.

In Arizona, a pretrial conference is not just a status check. In Phoenix, it is a leverage moment because it forces the state to show how ready it really is. A prosecutor still must prove admissibility before a jury can hear statements or see seized evidence.

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When you face a criminal charge in Arizona, the pretrial conference can shape everything that follows. You use this court date to lock down discovery, set motion schedules, and position your case for either a better offer or a cleaner trial. The Law Office of James E. Novak helps you treat this hearing as a strategic opportunity that protects your rights from day one.

What a Pretrial Conference Is Under Arizona Rules

A pretrial conference is a court proceeding in which the judge reviews case progress, confirms discovery, and sets the path forward. You attend with your lawyer, you address disclosure under the rules, you confirm pending motions, and you discuss whether resolution makes sense. Arizona’s Rules of Criminal Procedure define these steps, and you gain leverage when you arrive prepared to hold the State to those requirements. You should view this hearing as a focused check on real progress rather than a routine calendar call.

Tasks To Complete Before Your Pretrial Conference

You strengthen your position when you complete a thorough disclosure audit and a focused motion plan. You verify that police reports, body camera files, 911 audio, dispatch logs, lab packets, calibration records, and chain of custody documents are all produced and legible. You confirm that phone extractions, social media captures, and surveillance clips are preserved in original formats with the necessary metadata. You insist on full compliance with Arizona disclosure duties before you consider any proposal from the State. You work with your lawyer to draft targeted motions that address suppression, late disclosure, unreliable testing, and improper opinion testimony so the court can set firm hearing dates. You arrive at the conference with written evidence requests, a witness list that notes availability issues, and subpoenas ready for service if needed. You also prepare a negotiation range that reflects provable facts, likely evidentiary rulings, and realistic sentencing exposure rather than fear or guesswork. You walk in organized, you put gaps on the record, and you create momentum that carries into motions, plea discussions, and trial preparation.

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Resisting arrest is a serious criminal charge in Arizona that can carry lasting consequences, even if you believe the arrest itself was unjustified. Prosecutors often file this charge alongside other offenses like disorderly conduct, DUI, or assault. Understanding how Arizona law defines resisting arrest can help you avoid making your situation worse and may even help you beat the charge entirely.

If you are facing this accusation, you need to take the situation seriously. A conviction can result in jail time, a criminal record, and problems with employment or licensing. Working with a criminal defense attorney early in the process gives you the best chance to protect your rights and challenge weak or exaggerated claims by law enforcement.

Arizona’s Resisting Arrest Law Explained

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In the United States, the standard of proof required to prevail in legal actions varies depending on the type of case. Criminal cases are held to the highest standard: proof beyond a reasonable doubt. This means that the prosecution must prove the defendant’s guilt to such a degree that there is no reasonable doubt in the mind of a rational person. This standard is much stricter than the preponderance of the evidence standard used in civil cases, which only requires that a fact is more likely true than not, or the clear and convincing evidence standard, which falls somewhere in between. Jurors in criminal trials are explicitly instructed to apply this rigorous standard, as it is a cornerstone of the justice system designed to protect the rights of the accused. However, even with these instructions, misunderstandings or misapplications of the standard can occur, as seen in a recent Arizona appellate case involving a man convicted of drug trafficking crimes.

The case began when a man was pulled over for speeding on an Arizona interstate. During the traffic stop, the officer noticed inconsistencies in the man’s story about his travel plans and the identity of his passenger. The officer eventually asked for consent to search the vehicle, which the man initially refused. However, after further questioning and the arrival of a K-9 unit, the man consented to the search. The search revealed a significant quantity of methamphetamine and fentanyl in luggage found in the car. The man was arrested and charged with transportation of dangerous drugs for sale and transportation of narcotic drugs for sale. At trial, the man testified that he had no knowledge of the drugs and claimed he was unaware of the luggage’s contents. Despite his testimony, the jury found him guilty, and he was sentenced to prison. He later appealed his conviction, arguing that the prosecutor had misstated the reasonable doubt standard during closing arguments.

On appeal, the defendant argued that the prosecutor’s use of the phrase “reasonable likelihood” instead of the legally required “real possibility” language in the jury instructions had misled the jury about the burden of proof. The appellate court acknowledged the importance of the reasonable doubt standard and the need for precise language when explaining it to jurors. However, the court found that the defendant had not preserved this issue for appeal because his trial counsel had failed to object to the prosecutor’s statements at the time. As a result, the court reviewed the issue for fundamental error, which is a much higher bar to clear. The court ultimately concluded that even if the prosecutor’s phrasing was incorrect, the error was not prejudicial because the jury had been properly instructed on the reasonable doubt standard both verbally and in writing. The defendant’s conviction was upheld, and he will be required to serve his sentence.

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In a recent case before an Arizona court of appeals, the defendant challenged his guilty verdict based on the trial court’s definition of the word “education.” The case centered on the defendant’s insistence that his scattering dead body parts in public areas was not a crime, but instead was an attempt to educate the public. The jury disagreed, and the higher court ultimately denied the defendant’s appeal.

Facts of the Case

According to the opinion, the defendant in this case worked for a body donation center in Washington. He moved to Arizona, and he decided to take several human body parts along with him when he moved. Oddly, the man then scattered the body parts in the Arizona desert. This was important, the defendant later claimed, because he needed to educate passersby on public safety issues. He did not, however, offer a coherent statement about how the body parts would achieve his stated purpose.

Pedestrians found the body parts, and investigators traced them back to the defendant’s previous place of work, which they then back to the defendant himself. The defendant was charged with abandonment and concealment of a dead body. He pled not guilty, but a jury found him guilty as charged. The trial court sentenced the defendant to 2.5 years in prison. He promptly appealed.

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In a case before an Arizona court of appeals last month, the defendant asked the court to overturn his conviction for disorderly conduct. The defendant was originally charged after a road rage incident that ended with him pulling out his gun to threaten the driver of another car. The case went to trial, and the defendant was found guilty of disorderly conduct. On appeal, the defendant argued he had an unfair trial because the police failed to save his wife’s 911 call from the day of the incident. Ultimately disagreeing with the defendant, the higher court affirmed the guilty conviction.

Facts of the Case

According to the opinion, the defendant was driving with his wife when he and another car got into a road rage incident. The cars began trying to cut each other off, and the defendant got in front of the other car to begin tapping his brakes in an attempt to ward the second car off.

Eventually, the cars slammed on their brakes. The defendant got out of the car with a gun in his hand. The second car’s driver would later testify that the defendant pointed the gun in his direction, while the defendant would testify that he did not point the gun but instead just made it clear to the second driver that he had a gun in his possession.

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In a recent case before an appeals court in Arizona, a mother asked the court to review the sentence that a lower court handed to her in 2022. Originally, the mother was criminally charged with negligent child abuse in 2006. After a trial in which she was found guilty as charged, the mother was not seen for another 14 years, despite the court’s issuing a warrant for her arrest. In 2022, however, she suddenly filed to quash the warrant in her case. The lower court handed out a sentence despite this request, the mother appealed, and the higher court had to decide whether it agreed with the lower court’s decision.

Facts of the Case

According to the opinion, the mother was charged after a police officer pulled her over as she was driving on the highway in November 2005. The officer talked to the mother and found out she was under the influence of marijuana while her minor child was in the car. In January of the next year, she was indicted on one count of child abuse for putting her child in a dangerous situation.

The case went to trial, but the mother did not appear because she could not travel to Arizona for the proceedings. After two days, however, the jury returned a guilty verdict. The resulting arrest warrant stayed pending between the trial in 2006 and 2022 when the mother suddenly asked the court to quash the warrant.

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Recently, an Arizona court issued an opinion in an aggravated assault case following the defendant’s challenge of the jury selection. The defendant raised a challenge alleging that the opposing party excluded certain individuals because of their race. The appellate court affirmed the lower court’s decision in denying the defendant’s challenge.

The Facts of the Case

According to the court’s opinion, parties of an upcoming trial were selecting individuals to serve on the jury. The defendant challenged the jury selection, requesting that the prosecutor explain why they chose to remove the only two Black individuals from serving on the jury. The prosecutor explained that they struck one individual from serving on the jury because that individual’s brother was convicted of a crime, which they worried could impact the individual’s ability to judge fairly. The second person was removed from the jury selection pool because that individual was previously involved in a criminal case. The trial court found that these were reasonable and race-neutral justifications and thus that the challenge raised by the defendant should be denied.

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