Articles Tagged with James Novak Tempe Arizona

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“No Probable Cause to Arrest”

If the Phoenix police did not have “probable Cause to Arrest” the arrest was unlawful. An illegal arrest can lead to a dismissal of your Criminal or DUI charges
If you are arrested in Phoenix AZ for a DUI or Criminal charge, an experienced Phoenix DUI or Criminal Defense Attorney will tell you that the burden of proof is shifted to the police to justify probable cause. This standard is a higher level, or more difficult to achieve, than that of t and more strict than “reasonable suspicion” to stop, as for example in the case of an AZ DUI stop. You should consult an Arizona criminal defense or DUI attorney as soon as possible to discuss your options and defenses.

If it is determined that no probable cause existed for your Phoenix Arizona Arrest then the arrest was in violation of your constitutional rights, the DUI or criminal charges resulted from an unlawful arrest and should dismissed. This constitutional right is part of the Fourth Amendment of The United States Constitution. This defense is used frequently in the case of “search and seizures” of property or person related to drug, alcohol, or other suspected criminal activity by the police.

If you hire a good criminal defense or DUI attorney who practices frequently in Phoenix AZ, they will immediately begin to gather and examine evidence on your case. If the attorney finds feels there was no justifiable “Probable Cause to Arrest” you, then an evidentiary hearing will be requested to challenge this critical weakness by the Prosecution. Sometimes the evidence the officer used is of a subjective nature making it more easily challenged. The prosecution will generally argue its case at that time for the state. If necessary your criminal defense attorney or DUI lawyer will draft and file a motion to dismiss your charges completely for prior to your DUI or criminal charge arrest Put simply, if the judge rules there was “no probable cause for arrest”, then any and events that occurred after then is to be considered irrelevant. This usually leads to a case dismissal of the charges.

Good Phoenix Criminal Attorney never underestimates the power details you provide and identifies crucial defenses on your behalf from many of those details. Make sure you hire a Criminal Defense Attorney who practices frequently in Phoenix Arizona, who has a great amount of defense and litigation experience, and with whom you have an open and frequent line of communication. The sum of these factors can lead you to a total case dismissal, reduction of charges or the best possible outcome in your case.

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AZ Felony Mandatory Sentencing Guidelines
Despite AZ “Mandatory Sentencing” Laws, a good AZ criminal defense lawyer may still be able to get your Tempe felony or Tempe DUI charges dismissed. If that is not possible they will labor to get a reduction in charges from a felony subject to “Mandatory Sentencing Guideline down to a “Standard Felony”. This would allow you to avoid prison, and be eligible for probation.

Felony Charges
If you were arrested for felony charges in Tempe AZ. you should consult a good Tempe criminal lawyer to discuss your charges and defense options as soon as possible. Know that just because you were charged with a felony, does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But it means you will need to hire a private practice AZ criminal defense lawyer to defend you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following you for years into the future.

Tempe Arizona “Mandatory Sentencing Laws” for Felony Charges
In the state of Arizona, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701.
If convicted of particular felonies, you will not be eligible for probation as an alternative to jail or prison. Rather, you will be required to serve a prison term within a certain range for that crime. The AZ judge also has authority at their discretion to order a more severe punishment depending on the circumstances surrounding the felony charges.
Despite Arizona’s Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as acquittals; dismissal of all or a portion of the charges; reduction in charges to a “Standard Felony”, thereby avoiding prison, and allowing the defendant to be eligible for probation.

Tempe Criminal Lawyer – Defense for Felony Criminal Charges
It is critical that you hire a good felony defense or felony DUI area who is an experienced litigator, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Tempe understand that a good defense has two extremely critical points to target in order to get you the best outcome possible:

1) The Defense:
Gathering Evidence, filing early procedure motions in your defense, attending conferences and hearings, hiring experts, having DUI blood evidence retested, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage:
If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure that you will get the best possible outcome in your case. This involves active plea efforts by your attorney including the presentation and argument of mitigating factors, evidence and reasons why you deserve a lesser charge and/or reduced sentencing on your behalf.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

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How Top Rated Mesa AZ Criminal Defense Attorneys Get Your Release Conditions Modified (Pre-trial)

After your Mesa AZ DUI or Criminal arrest and detention you will be required to have an initial appearance before the Mesa AZ Court Judge. The judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. The primary purposes of court in setting release conditions is to 1) secure a defendant’s appearance for future court dates or trial, 2) and to make sure the defendant’s release does not pose a threat or harm to others in the community.

The Mesa Arizona Court takes into account many factors in making this decision including classification of the charge such as a misdemeanor or felony; severity and nature of the charges; if the charges involved a violent crime; your past criminal record if any; whether or not you are a potential “flight risk”; along with other standard release conditions and factors.

The release conditions should be commensurate with the criminal charge. The release conditions should not be unjust or unreasonable based on the crime you are accused of committing. For example, if a financially burdened defendant, with no prior criminal record was accused of shoplifting milk and a loaf of bread, without any weapons or threat of harm to anyone in the store; it would be outrageous for the judge to require him to post a $750,000.00 bail bond in order to be released from custody. If the release conditions seem overly harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney.

An experienced private criminal defense attorney who defends charges regularly in Mesa AZ court will immediately file a motion to request modification of your pre-trial release conditions. This can be done immediately while you are in custody. Either you or someone on your behalf can consult a Mesa criminal defense lawyer to discuss the charges, defense options, and services your Attorney can provide involving a request to modify your pre-trial release conditions from custody in Mesa AZ. This service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Mesa criminal defense 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 another responsible entity’s custody (for example a minor being released to the parents of the minor) home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Mesa Court Judge.

When you discuss your case and initial release conditions with your Mesa Criminal or DUI Defense Attorney, be sure you communicate your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your Mesa criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Mesa court on your behalf, in most cases while you are still in custody if you have retained them formally for legal representation.

Your chances of getting your pre-trial release conditions modified with the retention of a good private practice criminal attorney who defends charges in Mesa frequently significantly increase in your favor.

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AZ Felony Mandatory Sentencing Guidelines

Despite Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges means you would avoid prison; thus allowing you to be eligible for probation instead.

Scottsdale AZ Felony Charges
If you are facing felony charges in Scottsdale AZ. you should do whatever it takes to hire the best Scottsdale criminal defense lawyer possible to defend you. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Scottsdale felonies on a regular basis.
Felony Penalties for Scottsdale Felony Convictions
Arizona has some of the toughest punishments for felony convictions in the country. Because of these harsh penalties, usually most people have too much to lose to accept a conviction. This particularly the case if you felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. This is why it is so important to hire a good Scottsdale criminal defense attorney.

Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”
In the state of Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous, violent crimes;
2) Sex crimes and assault;
3) Assaults involving use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery; or repeat offenses;
Defense Lawyers in Scottsdale AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense or felony DUI lawyer possible; preferably an experienced litigator, with a proven successful defense record. There are two primary opportunities that top Scottsdale Defense Lawyers will use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence, filing early procedure motions, participating in conferences and hearings, hiring experts, having DUI chemical evidence retested, challenging weak evidence, looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Scottsdale criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

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AZ Felony Mandatory Sentencing Guidelines

Even for Arizona’s “Mandatory Sentencing” laws and guidelines for certain felonies, a good AZ criminal defense lawyer may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a “Standard Felony” or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Mesa AZ Felony Charges
If you were arrested for felony charges in Mesa AZ. you should hire the best Mesa criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. Being charged with a felony does not make you “guilty”. By law you are entitled to a defense. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Mesa felonies on a regular basis.
“Mandatory Sentencing” Penalties | AZ Felony Convictions
Arizona State Law is strict and harsh on felony convictions. As a result, most people have too much to lose to accept a conviction. This is particularly the case if the felony conviction falls within the category of Arizona’s “Mandatory Sentencing Laws”. Such felony conviction penalties under “Mandatory Sentencing Laws” make you ineligible for probation. If convicted, you will be exposed to long prison terms within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies That Subject to AZ “Mandatory Sentencing Laws”
In Arizona, certain felony charges are subject to Arizona’s Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous or violent crimes;
2) Sexual assault or other violent assault crimes;
3) Assault with use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery
6) Repeat offenses;
Defense Lawyers in Mesa AZ for Felony Criminal Charges
It is critical for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a proven successful defense and trial record. There are two primary stages during the criminal justice process that top Mesa Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions; participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Mesa criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

If you have been arrested for DUI or any criminal charges either Misdemeanor or Felony in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

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Felony Mandatory Sentencing

Despite Arizona’s “Mandatory Sentencing Laws” it is still possible for good Arizona criminal defense lawyer to get your DUI dismissed or a reduction in charges for “Standard Felony sentencing”. This would enable you the defendant to be eligible for probation instead of prison time.”

Felony Charges in Phoenix
If you face active felony charges in Phoenix you will need to hire a well qualified criminal defense attorney as soon as possible. Keep in mind, that just because you were arrested or charged with a felony, it does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A Phoenix felony conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future.

Arizona “Mandatory Sentencing Laws” for Felony Charges
For more than 30 years, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; have been subject to Arizona’s Mandatory Sentencing Laws A.R.S. 13-601 and A.R.S. 13-701.
If convicted of certain felonies, you will not be eligible for probation. Instead, you will be sentenced to a prison term within a certain range for that crime. The Arizona judge does have authority to use discretion to order a more aggravated sentences based on the circumstances surrounding the felony charges.

Despite Arizona’s Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as a dismissal of charges, reduction in charges to a “Standard Felony” to avoid prison, and allow the defendant to be eligible for probation.

Phoenix Criminal Defense Lawyer for felony criminal and DUI charges
It is important that you hire a good felony defense attorney who is 100% devoted to criminal and DUI defense, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Phoenix understand that a defense has two extremely critical points in which to get you the best outcome.

1) The Defense: Defending the client in every aspect of the case, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage: If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure the best possible outcome that imposes the least impact on your life. This involves active plea efforts by your attorney including the presentation of mitigating factors, reasons, evidence of why you deserve a lesser charge and/or reduced sentencing.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

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The new AZ DUI law withdraws the right of a jury trial for some DUI defendants. But Arizonans say “not so fast”…

June 4, 2011
Arizona News & Editorial Commentary
Article By: James Novak, Arizona DUI and Criminal Defense Lawyer
AZ SB 1200 was signed into law by the Governor Jan Brewer on April 29th, 2011, to take effect December 31, 2011. A controversial provision discretely found its way into the bill at the last minute. It contained restrictive language that was not included in the earlier versions of the bill. Thus, it deprived the public of input or debate on the issue. The provision causing upset involves the revocation of some AZ DUI defendant’s statutory right to a jury trial. It applies to DUI defendants who have been charged with a first time, non-extreme Arizona DUI charges, eliminates their statutory right to a trial by jury for their AZ DUI. It does include a consolation or alternative for the judge to hear the case and decide if the AZ DUI defendant is guilty or not guilty.

It didn’t take long before the restrictive amendment sparked opposition by many Arizona citizens, AZ DUI defense attorneys, and organizations such as The Committee for the Right to Jury Trial.

Among numerous provisions, the new AZ DUI law includes the following:
1. Gives municipalities, counties and certain local AZ jurisdictions judges the authority and discretion to offer such alternative penalties to eligible defendants, home-detention programs instead of incarceration in jail.
2. Reduces the length of time from one year to 6 months for a first time, non extreme DUI offenders to use the DUI interlock device on their vehicles.
3. Eliminates the right for non-extreme, first time AZ DUI offenders the previous right to a jury trial. Instead only DUI defendants that have prior convictions, extreme DUI or less serious DUI charges to keep their previous statutory and inherent right to request a trial by jury.

The first provision makes good sense. It allows for some cost relief to help reduce the over crowded Arizona’s Jails. The second provision gives some relief to first time non-extreme misdemeanor DUI defendants. So far, so good right?

But then there is the third provision that’s facing fire. Arizona Law makers and proponents of the amendment claim that it was a move to reduce the State’s cost for expensive jury trials for those less serious DUI charges, where the blood test or breathalyzer test against them strong against the DUI defendants. The problem with that thinking, among many other reasons, is that it revokes an existing statutory right to those who fall within this category. In essence it could be argued that first time offenders are losing rights while repeat offenders get rewarded by preserving their rights.

Constitutional and Statutory Rights are one of the few things in life people lean on to protect them from mistreatment or abuses in the criminal justice system. If the move was all about Arizona saving money because “trials are too expensive” then someone needs to redo the math. How much will it cost the state of Arizona to fight any and all future repeal propositions that this amendment will face? So much for cost savings and the preservation of the States economic resources.

The Committee for the Right to Jury Trial, led by attorney Clifford Girard is asking voters to repeal that particular amendment of the new AZ DUI law in SB 1200. The committee needs to gather 86,405 signatures by July 19, 2011 to qualify for putting the repeal on the 2012 ballot. Opponents want the voters of Arizona to have the chance to decide, debate, and vote; a chance that was not provided to them before it was passed into law. Fair enough.

Article News Sources: 1) azleg.gov/legtext/50leg/1r/bills/sb1200s.pdf, 2) tuccsoncitizen.com/arizona-news/category/arizona-republic-news , 3) Associated Press 4) Arizona Republic News. 5) AZ central.com news
This news article and commentary has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, and bills are often presented and changing. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges for up to date information.

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Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting your felony charges dismissed or other successful outcome in your case.

Arizona Felony Charges
If you face active AZ felony charges, you already know it is serious. Keep in mind, if you have just recently been arrested or charged, that it does not mean you were “convicted”. There is a lot of room for challenging felonies. But you must hire a good AZ criminal defense lawyer to represent you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; life long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will haunt you for years into the future. Your best chance at getting your case dismissed, or otherwise good outcome, is to retain a good Arizona criminal defense or AZ felony DUI lawyer.

Felony Classifications – AZ Felony DUI Laws | Felony Criminal Laws
Arizona Classifications can be found by at the Arizona Legislature Website under A.R.S 13-601, a under “Classification of offenses.”
Basically, Arizona distinguishes felonies into 6 classifications: Class 1 through Class 6 with Class 1 being the most serious charges. Class 1 felonies usually involve violent crimes, or crimes involving use of a deadly weapon. All AZ felonies are serious. The severity of the sentencing is usually commensurate with the severity of crime. These are detailed at A.R.S. 13-701. Sentence of imprisonment for felony; presentence report; aggravating and mitigating factors; consecutive terms of imprisonment; definition,. Even the lesser of felony penalties can overwhelmingly effect your life, including your freedom, future, driving privileges, current job, or ability to obtain a future job, credit and more. This is true even for or a Class 6 felony, and should be taken very seriously.
Each class has a minimum and maximum range. If convicted of a felony in Arizona, the judge decides what punishments within that range are will to apply. But they also have authority to order more serious penalties and sometimes lesser penalties outside of the minimums and maximums. The judge considers many factors in making this decision including facts and nature of the crime, first time or repeat offender, and other criteria.

AZ Criminal Defense Lawyer for felony Charges
It is important that you hire a felony defense attorney who is 100% devoted to criminal and DUI defense. A good AZ criminal lawyer will make sure your rights are protected; conduct their own investigation; try to obtain exculpatory evidence (evidence in your favor); challenge evidence the prosecution plans to use against your; look for flaws or weaknesses in the prosecution’s case; present compelling arguments about these issues; file defense motions on your behalf; and guide you through the processes of the Arizona criminal justice system; Good AZ felony defense lawyer will exhaust all avenues possible, to try to gain a dismissal of your felony charges, a reduction of charges and sentencing or the otherwise best outcome possible in your case.
The longer you wait to hire a private attorney, the more difficult it is for your felony criminal or DUI lawyer to build a winning defense. Top AZ criminal defense and DUI lawyers agree that early retention is a major factor in getting a successful outcome in your felony case.

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What Experienced Tempe Criminal Attorneys Can Do to Get Your Release Conditions Modified (Pre-trial)

After your Tempe arrest and detention you will have an initial appearance before the Tempe Court Judge. The Tempe Court judge will advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. For example, whether or not you are bondable, what if any amount of bail needs to be posted, and whether or not you can be released from custody. The judge looks at many factors before making this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors. The goal of the court is to secure your appearance for future court dates or trial.

If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Tempe criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Tempe criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Tempe AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Tempe 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 another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Tempe Court.

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 Tempe court on your behalf.

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Regardless of how bad things seem, for every criminal offense, there are defenses that can be used by good criminal attorneys to defend you.

In Arizona robbery is a considered class 4 Felony as defined by Arizona criminal law A.R.S. 13-1902 charged or arrested for this offense in Arizona, you will need to retain a good felony defense attorney in Arizona, for legal representation. Robbery sentencing is so severe, that the best criminal defense attorneys agree you should almost always plead “not-guilty” and retain professional services of a qualified Arizona criminal defense attorney.

Felony Charges for Robbery in Arizona
An offense in Arizona will be charged as a robbery under Arizona law criminal law A.R.S. 13-1902 in the following situations:

1. The taking of someone’s property; and
2. The offense took place while the presence of the owner, or a permissive user or authorized party overseeing the property (for example a sales representative at a convenient store);
3. The property was taken forcefully taken against the owner’s or authorized person’s will;
4. The accused threatened to, or actually used force, against the owner or custodian of the property in order to intentionally coerce the owner or authorized person to surrender the property to the accused.

Robbery Sentencing
Robbery sentencing for a robbery conviction in Arizona may expose you to prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. The Judge will usually include fines, restitution for the victim’s property losses and medical bills, extended supervised probation, mandatory treatment and counseling, and other punishments the Judge feels is necessary based on circumstances of the charges and conviction. Other factors the judge will take into account include past criminal record, first time or repeat offense, manner in which the robbery occurred, if any injury occurred to the victim, value and number of items taken, and nature of the robbery. The judge has discretion to increase penalties depending on all of these factors.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a tough stance on robbery charges. You will need a strong defense for this serious offense. A conviction can be devastating, and adversely life altering. Your future your freedom, a felony on your record, and more are at stake, if convicted. Regardless of how bad things seem to your right now, keep in mind that for every criminal offense, there are defenses. You have a right to retain effective defense counsel or criminal defense representation. It is a necessity in this case. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good Arizona criminal attorney or criminal defense law firm in Arizona will make sure your rights are protected, treated fairly, and build a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending robbery charges in the jurisdiction for which you were arrested or charged.

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Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

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