Articles Tagged with arizona criminal defense attorney

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
Due to ethical practices, this author will not be throwing any peers under the bus or name dropping. Even better however, you will get tips and tools to help you identify, good Arizona criminal defense Attorneys and DUI lawyers from those who should think twice about before hiring. The ordeal of a DUI stop or criminal arrest is traumatic for most people. The last thing you need, is to be taken advantage of, adding insult to injury. Here are examples of 5 red flags that should alert you, to seek another criminal or DUI lawyer’s services for your Arizona criminal charges.

1) An Attorney out of state who is not licensed to practice law in Arizona.
If you have Arizona criminal or DUI charges, you need to hire an attorney in good standing who is licensed to defend cases in Arizona, for many reasons. To name a just a few: Criminal and DUI laws and penalties are some of the most severe in the country. The laws are turbulent and constantly changing. You need to hire someone who is well versed and familiar with the laws and the criminal justice system in Arizona.

2) An Attorney who “guarantees” they can get your DUI or Criminal charges dismissed. No attorney has a crystal ball. No attorney can tell you before retention, examination, and due criminal law process, what the outcome will be. And certainly no attorney can predict in advance what a jury will decide. . Anyone who guarantees an outcome to lure you into to hire them is giving you false hope, which is cruel and unethical.

3) An Attorney who tells you all DUI charges are “standard” and will result in the same outcome. This could not be further from the truth. All DUI & criminal cases have their own unique set of circumstances. Depending on the facts, the laws, the attorney who is defending you; defense strategies used; the strengths and weaknesses of the prosecution’s case; and much more, determines the outcome in a case. DUI and criminal charges get dismissed every day in Arizona. Some of the charges and sentences can be reduced. Some defendants enter negotiated agreements which can have a variety of terms. Every case is different, and there are many possible outcomes.

4) An Attorney who uses “scare tactics”. There is big difference between giving you factual information related to your charges and the criminal law process, v. trying to scare you into hiring them. After your consultation or hiring of an attorney you should feel confident that you are in good hands and that you have hired a competent AZ DUI and criminal attorney who will fight vigorously for your rights and freedom. You should feel a sense of trust and peace of mind- in their competence. You should never feel that if you don’t hire that particular attorney you will get the maximum sentencing allowed by law. Enough said.

5) An Attorney who charges high fees tells you that if another Attorney charges lower fees, they are less competent or will do less work on your case. Wrong, wrong, wrong again. There are no official governing entities dictate how much attorneys can charge in Arizona. You will get a wide range of quotes low to high. What AZ criminal and Dui Attorney’s charge is not a reflection of their competence, or how hard they will work to defend your case. Some of the best Arizona DUI lawyers charge some of the lowest fees and have for years. There are many reasons for this including, the law firm’s operating costs, staffing needs, advertising expenses, size of the firm, competition, location, and more. Arizona has no shortage of qualified, experienced criminal and DUI attorneys who can provide you with a solid and effective defense at an affordable price.

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Arizona criminal Lawyer provides insight into Criminal Defense for Theft Charges in Arizona

If you face felony theft charges in Arizona it is important that you contact Arizona criminal attorney who defends charges in the jurisdiction where you were arrested or received charges. Felony theft charge convictions can result in severe penalties, incarceration, in prison or jail, large fines, mandatory restitution and other punishments added as the court deems necessary based on the facts. You may have defenses that can be used to help you avoid a conviction. The best Arizona criminal attorneys agree you’re your chances of getting you’re AZ theft charges dismissed or reduced increase significantly if you retain an experienced Arizona criminal defense attorney.
Arizona Theft Defenses Based on Theft Laws in Arizona
Arizona theft laws begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. This discussion surrounds excerpts of the law cited in part from A.R.S. “13-1802. Theft; classification which reads in part as follows:

“…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

It is a comprehensive of a definition. But from a defense standpoint emphasis was added to the words “knowingly” and “intent”. In order to get a conviction the Arizona prosecution will need to prove that you knowingly and intentionally committed the theft. This is just one of many defenses that experienced criminal defense attorneys in Arizona will use to build an effective defense on your behalf. Depending on the circumstances of your case, a good private practice criminal lawyer will recognize other defenses and present compelling arguments on your behalf.

Felony Theft Penalties Arizona
Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service summarized below:

• $25 000. or more = Class 2 Felony;
• $4,000. or more but less than $25,000.00 = Class 3 Felony;
• $3,000. or more but less than $4,000. = Class 4 felony;
• Theft of a vehicle engine or transmission is a Class 4 felony, regardless of the value of that vehicle, engine or transmission;
• $2,000. or more but less than $3,000 = Class 5 felony;
• $1,000. or more but less than $2,000.00 = Class 6 felony;
• Less than $1,000. = Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting (A.R.S. 13-2910.01 violation)

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney in Arizona
Arizona felony theft charges have many facets which need to be evaluated by an experienced criminal lawyer to determine from what front the charges may be challenged. A good criminal lawyer in Arizona will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process, while looking for every opportunity to strengthen your defense, challenge evidence, and weaken the prosecution’s case against you. Due to the severity of penalties for felony thefts it is imperative to be defended by an experienced private practice Arizona criminal attorney if you wish to have any chance for success at defending your charges, getting a case dismissal, reduction of charges, sentencing or good outcome in your case.

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Law Article Written By: James Novak, Phoenix DUI & Criminal Defense Lawyer
If you are charged with a crime or DUI in Arizona, you should consult a good Arizona Criminal Defense or DUI Attorney. Many do not know where to start or what to look for when to hire a good DUI or criminal attorney. Consequently, they may hire the one lease expensive thinking will produce the same outcome, so why pay more? Or to the contrary some feel if they higher the most publicized or expensive DUI and Criminal Defense attorneys they will get a better outcome. Neither perception is true.

Some of the best Arizona criminal and DUI defense attorneys are Law Firms who charge the most affordable price and can get you the same or better outcome. And some of the most expensive attorneys simply “go through the motions” and do little to protect your rights or fight for your defense. In the latter scenario, the final product results in a losing and unfavorable outcome. The best qualified Arizona criminal defense and DUI lawyers agree that there are far more factors to consider than price. There are more factors to consider when choosing an attorney if you are facing AZ criminal or DUI charges. So below are some important questions to ask and answers to consider:

• Are they familiar with constantly changing Arizona Laws and penalties?
• What forum or resources do they use to keep updated on these changes?
• Are they licensed with the Arizona State Bar to practice criminal and DUI defense in Arizona?
• How long have they resided in Arizona?
• How long have they defended criminal and DUI charges in Arizona?
• Approximately how many cases have they defended relating to your particular charges (assault, DUI, Theft, etc)?
• Are they familiar with utilizing criminal and DUI defense strategies that apply to your charges?
• How long they have been practicing Criminal and DUI defense?
• How experienced are they in trial and litigation?
• Approximately how many trials have they done?
• What was the outcome of those trials?
• Is their Law practice exclusive to Criminal and DUI Law?
• Have they been former prosecutors?
• Do they have a proven track record of success?
• Are they good litigators?
• Can they examine the evidence to build and mount the best defense?
• Do they regulate their case load to make sure they can put the time and effort needed to labor over building and mounting the best defense for you?
• Who will be handling the details and events of your case from start to finish? If a different attorney at that law firm will be handling your case, you want to make sure you meet them and ask them the same questions.
• Are they strong enough to challenge the prosecution’s case or evidence against you?
• Will they be available to answer your questions and guide you through the processes?
• Will they over turn every item of evidence to look for weaknesses in the prosecution’s case?
• Will they be able to present compelling arguments and file motions with the court, and educate the judge, prosecution and jury about your side of the story?
• How often have they defended cases in that particular court you are required to appear in Arizona?
• Are they familiar with the judge, prosecution, procedures, and stringent time-lines?
• Have you read reviews on the internet about the quality and effectiveness of their defense?
• Has anyone you know and trust referred them to you?
• Are their fees affordable and competitive in relation to others in the jurisdiction for which you face charges?
• Can you comfortable with communicating with them?
• Are they directly assessable?
• Are they respected and reputable in the community?
• Did you feel confident after your consultation that this DUI or criminal Attorney will give you the best defense possible?

This is just a sample list to consider when looking for a good AZ criminal or DUI attorney, but this should paint the picture. A good defense attorney will gladly answer these and any other questions you have to your satisfaction. If not, or you do not fee that comfort level, then talk to other criminal or DUI attorneys in Arizona until you do. You are the employer in this case. It is only prudent that you ask the right questions and get the answers you need to hire the best Criminal or DUI attorney to defend your case.

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By: James Novak, Phoenix DUI & Criminal Defense Lawyer
1) Myth- Arizona Judges do not like when you hire a DUI defense attorney and it will result in less leniency.

FALSE – In fact, the majority of judges in Arizona prefer when the defendant hires a DUI defense Attorney. It makes their job easier. The judge will not have to take time and energy explaining things, and making sure the defendant understands the rules and protocol.

2) Myth – You will get the same end result if you do not hire an attorney, then if you retain an attorney to defend your charges.

FALSE – Going to court unrepresented is a fast track to a DUI conviction. Hiring a criminal or DUI defense attorney will significantly increase your chances of getting your case dismissed, charges and sentencing reduced or a much better outcome in your case than if you were to go unrepresented. The Arizona criminal justice system is a complicated maze of procedures, protocol, with strict and changing laws. The best criminal attorneys in Arizona agree that only by retaining a good DUI or criminal defense will your chances of getting your charges dropped or an acquittal increase. You will need a DUI attorney who can build and mount and present the best defense strategies on your behalf.

3) Myth – It is better to hire an attorney who charges higher “global” fees that includes trial v. an attorney who charges a lower flat fee for all pre-trial services and a lower second tier fee for trial.

FALSE – Top Attorneys and Law Firms have a difference of opinion in this matter. This author believes that it is not the best fee structure for all defendants in every situation. In the state of Arizona only about 2% to 3% (give or take a percentage over time) of DUI or criminal cases actually go all the way to trial. This means that 97% to 98% are dismissed or resolved through plea agreements before trial. So if your charges are dismissed or resolved before trial, the attorney keeps the trial fee, rather refunding you the unused trial portion.

4) Myth – If an attorney charges a higher price, he is a better attorney than one who charges a lower amount.

FALSE – There are no governing entities that regulate attorney fees or how much they charge for a particular service. Thus you will get quotes in vary wide low to high ranges for the same charge. Some DUI Attorneys charge simply for they estimated work time needed to defend the case. Many have been charging the same prices for decades. The Attorneys or Law firms must take into account their advertising, and operation costs needed to run their Law Firm. Those attorneys many tend to require a higher fee for service. There are some attorneys who feel they are justified in charging higher fees because they have more experience, training or education. But the fact that they perceive themselves in that fashion does not always make it true.

5) Myth – DUI or criminal defense attorney in Arizona you consult before hiring can guarantee your case will be dismissed or charges dropped.

FALSE – And raise the red flags. If a DUI or criminal defense attorney guarantees your case can be dismissed, run…don’t walk the other way. There are many reasons DUI attorneys can not guarantee an outcome, especially a dismissal. First, they do not have a crystal ball. Second, ever case is different and presents it’s own unique set of circumstances. Third, all the evidence must be examined including #911 recordings, report, field sobriety test results, breath test results, police procedures, constitutional rights issues, reason for the stop, witness statement, the law and defenses that can be used surrounding your individual circumstances. Fourth, if your case goes to trial, no one can predict their decision. There are many other reasons, but this should be enough to paint the picture of the myth is false.

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Winning Defense Arguments used by top rated Maricopa County DUI or Criminal Defense Attorneys to Modify Release Conditions in your favor.

You or someone on your behalf should consult a criminal or DUI defense lawyer in Scottsdale as soon as possible if you have been arrested or taken into custody. Here is just one reason why: Following your arrest for DUI or other Criminal Charges in Maricopa County you will remain in police custody until you appear before the Maricopa County Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Maricopa County Court Judge’s release conditions should meet the standard of A.R.S. Criminal code Rule 7 requirement of “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If these initial release conditions are too harsh, or unreasonable, you should retain the services of an experienced criminal lawyer who defends criminal, Drug, or DUI charges in Maricopa County. Your Maricopa County Criminal defense Attorney can file an immediate motion while you are still in custody, to modify your release conditions. They will present compelling arguments, and remind the Maricopa County Judge, and prosecution of the Arizona Rule 7 “onerous” standards. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many arguments your attorney may use and the Maricopa County Court will consider in your defense if they apply, in order to honor your Maricopa County criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) You have a serious medical condition or disability that requires special or constant medical attention or treatment.
2) Financial hardship that will be imposed upon your family, especially if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody, especially if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled, ill or elderly family member.
5) Longevity of your residence in Arizona. Strong ties to your family, home, job, in order to illustrate that you are not a “flight risk”.
6) Name and relationship of another responsible, stable person to whom you can be released to for supervision, who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States, or some other type of assurance that you are not in a position to leave the state of Arizona.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of the charges for which you were arrested, were not violent. You did not harm or intend to harm anyone. And your release from police custody does not pose as threat to society.

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Winning arguments used by experienced criminal Attorneys to request modification of your pre-trial release conditions from Scottsdale AZ Custody.

Following your arrest for DUI or other Criminal Charges in Scottsdale AZ you will remain in police custody until you appear before the Scottsdale Court Judge who will read you your formal complaint, rights, and pre-trial release conditions.

The Scottsdale Court’s release conditions should meet the standard of A.R.S. criminal code rule 7 which requires the Judge to issue orders that are the least “onerous” (or the least burdensome) initial pre-trial release conditions based on your charges and factors that surround it. If you feel the release conditions are too harsh, or unreasonable in nature, you should retain the services of an experienced Scottsdale criminal lawyer. Your Scottsdale Criminal Attorney can file an immediate motion while you are still in custody,
To modify your release conditions. They will present compelling arguments, and remind the Scottsdale Judge, and prosecution of the Arizona rule 7 “onerous” standard. The intent of the standard is that it is of a necessary nature only to secure attendance at future court appearances or trial, and that based on the charges, your release does not pose a threat or harm to the community.

Below are 10 of many factors the Scottsdale Court will consider in your defense in order to honor your Scottsdale criminal attorney’s request to modify your release conditions. This list is not all inclusive:

1) Medical conditions or disabilities that require special or constant medical attention or treatment.
2) Financial hardship your family will suffer, if you are the sole provider.
3) Lack of anyone to care for your children while you are in custody if you are a single parent with no other alternatives for their care and supervision.
4) You are the sole care giver to a disabled or ill family member.
5) Length of residence in Arizona and your strong ties to your home, job, family life in Arizona to argue that you are not a “flight risk”.
6) Name and relationship you have to another stable and responsible person to whom you can be released to, and who will assure your attendance at future court appearances for which you are required to attend.
7) Your willingness to give up any passports that would allow you to flee the United States.
8) Lack of financial resources to make bail.
9) You have no prior criminal record or convictions.
10) Nature of your crime was not violent, you did not harm or intend to harm anyone and your release does not pose as threat to society.

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How Good Phoenix Criminal Attorneys get your Pre-trial Release Conditions Modified

Following your arrest and detention you will have an initial appearance before the Phoenix Court Judge. At this time, the Phoenix Court judge will advise you of your pre-trial release conditions. The Judge will let you know if and upon what conditions your release will be allowed. This includes if bail will need to be posted and the bail amount. The judge will also tell you if you are bondable or not. The judge considers many factors before making this decision including classification, misdemeanor or felony, severity of the crime, prior criminal history, flight risk potential and many other factors.

If you feel your release conditions are too harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney who will immediately file a motion to request modification of your pre-trial release conditions Therefore, if you have been arrested in Phoenix, you or someone on your behalf should consult an Arizona criminal defense attorney who defends criminal charges in Phoenix AZ on a regular basis as soon as possible to discuss your charges, defense options, and modification of your pre-trial release conditions from custody in Phoenix AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Phoenix Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to home confinement with ankle bracelet security.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Phoenix court on your behalf.

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CRIMINAL DEFENSE FOR ROBBERY CHARGES ARIZONA
How Top Rated Criminal Attorneys Defend Robbery and Armed Robbery Charges in Arizona
Arizona Robbery or Armed Robbery Charges
Arizona robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Arizona for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Arizona Court as soon as possible to defend your charges.

The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Robbery or Armed Robbery Penalties Arizona
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing in the Arizona courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws – Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.”
Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Arizona robbery charges or arrest. Below are just a few examples of defenses a good Arizona criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Arizona prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Arizona are risky to go at alone as far as trying to defend your self without qualified criminal legal representation through the criminal justice system. In theory, the laws state that you are “innocent until proven guilty”. But in practicality, without a good Arizona criminal defense attorney, the police and prosecution will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or bother to listen to your story without the formal defense of an Arizona Criminal Defense Attorney. The prosecutions job is to convict you. The judge will not provide empathy or favor. The judge will rarely if ever show you favor or empathy to dismiss your case. They must comply with the procedures and protocol required by standards in the Arizona Courts. They can only ruling on legal motions, presentation of legal arguments through recognized channels, or follow the jury verdict if trial ensues.

With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

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ROBBERY CHARGES – SCOTTSDALE CRIMINAL DEFENSE
How Top Rated Criminal Attorneys Defend Scottsdale Robbery and Armed Robbery Charges
Scottsdale AZ Robbery or Armed Robbery Charges
Scottsdale robbery and armed robbery offenses are prosecuted very aggressively. If you face active charges or were arrested in Scottsdale, AZ for robbery or armed robbery you should consult an experienced Arizona criminal defense attorney who defends cases in the Scottsdale Court as soon as possible to defend your charges.
The difference between burglary and robbery is that the act of burglary is an offense of forced entry or unlawful entering a building, residence, business or vehicle with the intent to commit or comment a felony theft within the structure.

All Arizona robberies or armed robberies are charged as felonies. A crime is considered a robbery when the accused uses force, intimidation, or fear as a means of taking control of certain property from someone.

Armed Robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as a firearm, or other weapon to gain control of the property from a person or place. Many objects can constitute a weapon and fall within the category of “armed robbery”. For example a broken glass bottle, a baseball bat, knife, or other objects which may or may not have been made for its intended use as a weapon.

Scottsdale Robbery or Armed Robbery Penalties
Arizona Robbery and armed robbery charges must be taken serious. The penalties are severe and convictions treated with harsh sentencing by the Scottsdale courts.
If you are convicted of a “dangerous crime” (this is the case if a dangerous weapon is involved or used) the judge will order mandatory prison terms. If weapons are involved, someone is harmed, or even imminent threat of harm occurred, penalties can be doubled form the normal non-dangerous felony sentence range. Robbery sentencing carries a wide minimum and maximum range from 1 year up to 21 years or more in prison depending on the circumstances of each criminal count charged for the incident. Other fines, fees, restitution, or any other punishments the court deems necessary on top of minimum penalties may apply.

Arizona Laws -Robbery and Armed Robbery
Arizona Revised Statutes (A.R.S.) Title 13, Chapter 19, Robbery begins with the following citations:

13-1901 Definitions:
In this chapter, unless the context otherwise requires: 1. “Force” means any physical act directed against a person as a means of gaining control of property. 2. “In the course of committing” includes any of the defendant’s acts beginning with the initiation and extending through the flight from a robbery. 3. “Property of another” means property of another as defined in section 13-1801. 4. “Threat” means a verbal or physical menace of imminent physical injury to a person.

13-1902. Robbery
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will; such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.

13-1903 Aggravated Robbery
A. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present. B. Aggravated robbery is a class 3 felony.

13-1904 Armed Robbery
A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arizona Robbery or Armed Robbery Defense Tactics | Criminal Defense Attorney AZ
If you are under investigation, been arrested, have active charges of Robbery or Armed Robbery in Arizona, you should immediately consult an Arizona criminal defense or Arizona Robbery or Armed Robbery lawyer to discuss your situation and defense options. You should not discuss your case the police or investigators before consulting a good criminal defense attorney or Robbery or Armed Robbery lawyer in Arizona. Anything you say can be held against you and jeopardize your defense. You should remain silent and politely request to speak with your criminal attorney as soon as possible.

Top Arizona criminal attorneys or Robbery or Armed Robbery defense Attorneys may use a multitude of defenses depending on the circumstances surrounding your Scottsdale robbery charges or arrest. Below are just a few examples of defenses a good Scottsdale criminal attorney might use as tactical defense strategies for robbery charges (This list is not inclusive):

• There are generally only a few witnesses to a robbery or armed robbery if any besides the victim. A good robbery or armed robbery defense attorney will challenge the State and make them prove the identity of their suspect, and thus be able to weaken the Scottsdale prosecution’s case against you.
• You have constitutional rights under both State and Federal Law. If any of them were violated, evidence may be suppressed or even lead to charge dismissal.
• Experienced Attorneys, particularly former prosecutors, have critical insights into police procedures, protocol, prosecution tactics and strategies that may be used by police and prosecutors. Those attorneys will be able to use that knowledge to assist in defending your case, getting evidence dismissed, charges reduced, or robbery charges dismissed if proper procedures were not followed or misconduct by police occurred.
• Experienced robbery defense attorneys will challenge evidence such as surveillance tapes to with regard to whether or not it was in fact the right person arrested.

In sum, robbery or armed robbery charges in Scottsdale are dangerous to go at alone and try to defend yourself. In theory, the law is that you are innocent until proven guilty. But in practicality, without a good Scottsdale criminal defense attorney, the criminal justice system will not look for your innocence, flaws in the prosecutions case, see strength in your arguments, or provide you will any empathy or favor. Conviction is imminent.

The job of the Scottsdale prosecution on behalf of the state of Arizona is to convict you, not help you. With an experienced criminal defense attorney or robbery defense lawyer you will have a voice that is heard in the system, with compelling arguments, defense strategies, and an increased chance of getting your robbery charges dismissed, reduced, or otherwise the best outcome in your case.

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DEFENDING DISORDERLY CONDUCT CHARGES
Defenses good Disorderly Conduct Attorneys in Phoenix, AZ use to fight your disorderly conduct charges
Disorderly Conduct Charges Phoenix, AZ
Phoenix Disorderly conduct charges are often referred to as “disturbing the peace”. If you have been arrested or charged with any disorderly conduct charges in Phoenix, AZ, you should consult an Arizona criminal defense attorney or disorderly conduct defense attorney as soon as possible to discuss your charges and defense options.

Some of the best disorderly conduct Attorneys in Arizona agree that this offense is over used and is often charged when the Phoenix police when they can’t find anything else to charge you with, and they are annoyed with you. From a defense standpoint, the facts of the alleged “disorderly conduct” is over stated or exaggerated by law enforcement or police who arrested you or charged you for it.

There are a number of behaviors that the Phoenix Police view as disruptive behavior and that will lead to charges or arrest for disorderly conduct in Phoenix, AZ. These can include, but are not limited to the following intentional acts: Fighting with others or engaging in combative behavior; Making “unreasonable” noise; Cursing, loud, abusive, or offensive language to another person for the purpose of provocation or other reason; Engaging in behavior that disrupts business operations; Refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency); Recklessly handling, or displaying a firearm or other dangerous weapon to intentionally provoke, intimidate, or make someone fear that harm to them is imminent.

The disturbance may be reported to the police due to the disruptive, loud, or intimidating behavior by family, friends, co-workers, groups, neighbors, business owners, business patrons, or other entity. In many cases, the police are already on the scene for another matter, other violations, and simply become annoyed with you.

Arizona Disorderly Conduct Laws
If you were charged or arrested in Phoenix Arizona, your charges will fall under the authority of the Arizona laws.
Disorderly Conduct in Arizona can be found beginning under Revised Statutes – A.R.S. Arizona Disorderly Conduct Law 13-2904. Disorderly conduct.

Phoenix Disorderly Conduct Penalties
Generally a disorderly conduct misdemeanor charge is categorized as a Class 1. A Class 1 misdemeanor is the highest level of misdemeanor (just below a felony) under Arizona Law. Sentencing may include up to 6 months incarceration in prison, and fines of $2,500.

Depending on the circumstances, a basic, disorderly conduct charge with no aggravated factors do not justify punishments of the maximum sentence. However, no any disorderly conduct conviction may include jail time, probation, fines, fees, and other penalties the judge deems appropriate including counseling and community service.
Disorderly conduct charges that include use of a firearm or other dangerous weapon will elevate the charge to a class 6 felony.

Felony disorderly conduct convictions carry a maximum punishment of one year in prison. You would also possess a criminal record which labels you as a convicted felon. Penalties less than the maximum may include jail, probation, fines, fees, counseling, and other penalties the Arizona judge deems necessary based on your circumstances.

Phoenix AZ Disorderly Conduct Defenses
Below are just some defense strategies that a criminal defense attorney who (defends disorderly conduct charges in the Phoenix Arizona Court may use to build your defense case. This list is not all inclusive:

1)You were attempting protect someone against harm or injury, who was unable to protect themselves;
2) Wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent) ;
3) No witnesses, No evidence, no video, audio, or other evidence to prove you displayed disorderly conduct;
4) You acted under threat, provocation or intimidation;
5) The evidence, audio or video disproves or contradicts police allegations
6) Police brutality;
7) No other justifiable reason for charges, other than the police officer was annoyed with you;
8) You were exercising your right to “free speech” under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion;.
9) The police were not aware you suffer from a physical or mental impairment that caused you to appear to have “a bad attitude”, with no proof or other justification;
10) Actions were in self – or in defense, defense of home, property, or family
11) Violations of Your Arizona State or U.S. Constitutional Rights;
12) Objective witness statements overwhelmingly contradict the police officers statements;
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation;
15) Your actions were not committed “with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so…” as required by A.R.S.

13-2904. Disorderly conduct;
Phoenix Disorderly Conduct Attorney
A good Phoenix AZ criminal defense or disorderly conduct attorney will conduct a thorough investigation of all the facts to determine if the charge was justified or not. In many cases there will be flaws or weaknesses in their case. This offense is often used as a “catch all” excuse for the police to subdue, charge, or arrest you. It is usually very subjective in nature.

As a result, a good Arizona disorderly conduct or criminal defense lawyer in Phoenix Arizona will attempt to find flaws and weaknesses in the prosecution’s case, and present compelling arguments in your defense. Retaining an experienced Arizona disorderly conduct attorney will greatly increase your chances of getting your disorderly conduct charges dismissed, reduced, or otherwise the best outcome in your case.

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