Articles Posted in Criminal Defense

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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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“The court has discretion over what your sentence will be within a wide range for felony assaults.  So if your felony assault charges cannot be dismissed, the next step for your criminal defense attorney present mitigating factors in an effort to get your sentencing reduced.”

Arizona Aggravated Assault Charges – Phoenix AZ

Aggravated Assault charges are also known as Felony Assault charges.  Simple or Misdemeanor charges can also be elevated to assault charges in Phoenix, when certain aggravating factors exist.  Aggravated assault charges are taken very seriously in Arizona because they are crimes that harm or intent to harm another person or victim.  All Felony Assault charges carry prison sentencing if convicted in Arizona.

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“Disorderly Conduct arrests are routinely challenged by experienced criminal lawyers, and often dismissed”. 

Disorderly Conduct Charges Phoenix AZ – A.R.S. 13-2904 

If you face Phoenix Disorderly Conduct charges, you should consult a criminal lawyer who defends these charges frequently in Maricopa County. Although these charges are common, you may be exposed to harsh penalties. Often, the punishment does not fit the crime when it comes to these charges. Charges sometimes follow a warning by police, but not always. Due to the nature and subjectivity of the charges, they are frequently challenged. Consequently they are often dismissed for lack of sufficient evidence.

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To obtain a copy of your DUI or criminal incident police report you can make your request in person or by mail to the following address (requests are not accepted by telephone, fax or electronically): 

Gilbert Police Dept.,  Records Section

75 E. Civic Center Drive

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“Criminal Lawyers who defend Phoenix Disorderly Conduct charges are often successful in getting the charges dismissed by using some of these common defenses.”

A person can be charged with Disorderly Conduct in Phoenix AZ under ARS 13-2904 if with intent and knowledge they disturb the peace of another person business. The law is strict, and allows for a broad range of conduct to fall within the classification. Charges are very common but penalties are serious. The charges can be brought as misdemeanors or felonies. The decision as to how they will be classified based on the facts surrounding the incident. Disorderly Conduct charges are frequently challenged by criminal defense lawyers because of their subjective and sometimes vague nature. They are often able to get the charge dismissed to lack of sufficient evidence, or witnesses.

Disorderly Conduct Defenses

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Following a Gilbert DUI arrest or criminal charges, you will be taken into custody. It is highly recommended that you arrange for a consultation and retention of criminal defense attorney to represent you in your matter. The “Initial Appearance” is your very first court appearance after the arrest. It will be very brief. This is where the judge informs you of your criminal charges, and sets Release Conditions. In some cases you will want your attorney to file a motion to modify release conditions if they are too harsh, unfair, or unreasonable.

Release Conditions – The Judge’s Considerations for Release Conditions

Release conditions are set by the judge for the purpose of assuring you will appear for your next court date. The judge will consider numerous factors before setting your Release Conditions. Some of these factors include but are not limited to the following:

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How to Protect Your Rights after a Tempe DUI Arrest

If you were arrested for DUI charges in Tempe AZ, you must to everything you can to protect your rights. By preserving your rights, your Tempe DUI lawyer can use them in your defense. Here are 5 important tips that will help you preserve your rights:

1) Never resist arrest – Once the police have decided to arrest you, they rarely change their mind.  To become argumentative, or to resist arrest, you will only make your situation worse. The police will add additional and more serious charges (such as resisting arrest, or assault to a police officer). Resisting arrest may also lead to physical harm to you as a result of the police using force to make the arrest.

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