James E. Novak
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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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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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“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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“If you were arrested for DUI it does not necessarily mean you will be found guilty.  Here are some common defenses that may help you avoid a  harsh DUI conviction. “

If you are facing DUI charges in Gilbert AZ, you have the right to defend your charges.  Arizona is well known for having some of the harshest penalties for DUI in the country. They include mandatory jail time for even a first offense, non-extreme, or non-aggravated DUI. The criminal justice court system can be overwhelming and the laws complex.  Arizona prosecutors are well trained and experienced at prosecuting DUI offenses.  You will need to have a qualified legal advocate to challenge their case against you through the formal criminal justice process.

DUI Defenses  

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“There may be justifiable defenses for even the most serious of drug possession charges.  But the most effective way to utilize  even the strongest of  defenses, is to retain an experienced criminal defense attorney to argue them on your behalf.” 

Gilbert Drug Charges

A large number of drug possession charges in Gilbert AZ are classified as felonies. Depending on the nature of the charges, you could face harsh penalties.  If the quantity if an illegal drug  exceeds statutory Threshold Amounts for the drugs found in your possession, you will be exposed to mandatory prison sentencing.  Defendants accused of possessing large quantities of illegal drugs are usually charged with  “possession with intent to sell” or “illegal drug sales”.  In either situation, your freedom and future are in jeopardy.  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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“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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“Common Defenses that can be used to defend Drug Possession Charges in Gilbert AZ”

Arizona Drug Possession Laws

Defenses for Drug Possession Laws, are tailored based on the circumstances of the situation, Arizona Criminal Laws and Drug offense Laws; and a person’s Constitutional Rights afforded by Federal and State.

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Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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