Articles Posted in Criminal Defense

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Jurisdiction as it relates to criminal charges, and the court which has the authority to hear the criminal case. Each court has designated jurisdictional authority over specific types of cases such as Felonies or Misdemeanors. The Court in where the case will initially be heard, should appear on the Citation or Complaint document they received at the time of their arrest or by mail. Arizona law extends jurisdictional authority to certain courts for specific types of cases as follows:

1)      Felony charges are heard in Arizona Superior Court.  AZ Superior Court is considered one entity. However, there are different locations serving Arizona, and Maricopa County.

2)      Misdemeanor cases are held in lower courts including municipal Courts, city courts and Justice Courts.

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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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“When a defendant pleads “not-guilty” due to a “justification” defense, they are basically affirming that they used force against another person, for a justifiable reason described under A.R.S. § 13-411; and thus, their actions did not constitute a criminal defense.”

Justification laws are sometimes referred to as “Stand Your Ground” laws. They refer to actions of another resulting from self-defense, or force needed by a person to prevent criminal conduct against them. Some Arizona laws that relate to Justification defenses are found under

A.R.S. § 13 – 205 and A.R.S § 13 – 411. Arizona is one of more than 20 states who have enacted such legislation involving “Stand Your Ground” laws. The states that have such laws, use their own variation of language and provisions. In Arizona a person may lawfully use force  in self-defense:

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“Constitutional rights should be recognized and restored, no matter what the cost”

Arizona HB 2284 – DUI; Jury Trial Rights Signed into Law

Arizona legislation signed into law April 11, 2012, has restored jury trial rights to first-time DUI offenders. AZ HB 2284 was signed into law by Arizona Governor Jan Brewer. Under the act, a provision was put in place to make it retroactively effective to December 31, 2011.

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 “In the midst of even the most serious  drug charges, a good  criminal defense attorney may be able to argue justifiable defenses that often  lead  to a case dismissal, or other favorable outcome in your case.”. 

A large number of drug crimes in Tempe AZ are charged as felonies. Depending on the nature of the charges, you could be exposed to harsh penalties. If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is  found in your possession, you may face mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”. In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal  defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.      

Drug Possession Defenses  

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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.

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“ Arizona, Drug Possession convictions, requires the defendant to have  “knowledge” of Possession.   If your criminal lawyer can raise reasonable doubt regarding “knowledge” of the drugs in their possession,  it can lead to a dismissal of your Possession charges.”

In order for the State of Arizona to get a conviction for illegal drug possession charges  they have the burden of proving that a defendant had “knowledge” that the illegal drugs were in their Possession. Illegal drugs include possession of Marijuana, Dangerous drugs, Narcotic drugs or any other drugs or substances defined Arizona law A.R.S. 34 13-3401:

  • A.R.S. 34 13-3402: A person shall not knowingly: possess, use, produce, sell, transport, distribute, manufacture, Marijuana, or any other illegal drugs;
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“Understanding the strict Arizona Assault laws, is the  first step to defending your charges. Being familiar with them, also contributes to prevention.”

Misdemeanor Assault Laws in Arizona

If you face any type of assault charge, you should consult a Chandler criminal defense attorney to discuss your charges and defense options. This offense sometimes referred to as “simple assault” charges. And although they are classified as misdemeanors, they carry severe penalties due to the fact that they are considered crimes against a victim. Misdemeanor assaults are classified into three different categories Class 1; Class 2; and Class 3; with Class 1 charges and penalties being the most severe:

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“Good criminal lawyers who defend charges in Mesa AZ are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.”

Disorderly Conduct charges may be brought in Mesa AZ  under ARS 13-2904 if  the police felt that with intent and knowledge, the accused disturbed the peace of a person or business.  The law is comprehensive and allows for a broad range of conduct that might fall within the description. The charges may be classified as misdemeanors or felonies, depending on the facts surrounding the incident.  Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective nature, and are often unjustifiable. Good Mesa criminal lawyers, are often successful in getting Disorderly Conduct charges dismissed by using some common defenses.   

Disorderly Conduct Defenses

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“In even the most serious drug charges, a good criminal attorney may be able to find viable defenses that can lead to a dismissal of charges or other favorable outcome in your case.”

Mesa Drug Charges

A large number of drug crimes in Mesa AZ are charged as felonies. Depending on the nature of the charges, you could be exposed to harsh penalties.  If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is  found in your possession,  you may face mandatory prison sentencing.  Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”.  In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal  defense lawyer will be able to evaluate your case and find viable defense that can be used to challenge your charges.      

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