Articles Tagged with Mesa AZ Robbery Laws | Robbery Sentencing

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. .

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

How Good Scottsdale Criminal Attorneys Can Help Your Get Your Release Conditions Modified (Pre-trial)

After your Scottsdale DUI or Criminal arrest and detention you will have an initial appearance before the Scottsdale Court Judge. The Scottsdale Court judge will read you your rights, formal charges, and advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. The primary goals of the court is to secure a defendant’s appearance for future court dates or trial, and to make sure their release does not pose a threat or harm to others. .

The Scottsdale Court takes into consider many factors in making g 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 release conditions should be commensurate with the criminal charge or reason for your arrest. 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 Scottsdale 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 Scottsdale 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 Scottsdale AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Scottsdale 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 Scottsdale Court Judge.

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 Scottsdale criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Scottsdale court on your behalf. Your chances of getting your pre-trial release conditions modified with the retention of a good criminal attorney who defends charges in Scottsdale frequently will greatly increase your chances of getting your release modified with more reasonable and favorable conditions for you.

Continue reading

CHANDLER AZ CRIMINAL ATTORNEYS

If you face Chandler robbery charges you will have an uphill battle to a conviction unless you retain legal representation by a good private practice criminal attorney who defends Chandler robbery charges in Arizona.

Chandler AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Chandler, AZ you will need to consult a good felony attorney who defends felony charges in Chandler AZ regularly. The best criminal lawyers in Arizona agree in most cases that it is prudent to initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Chandler AZ robbery charges to defend your case and defend your charge with a qualified AZ criminal attorney who defends Chandler AZ charges.

Felony Charges | Robbery | Chandler Arizona
A.R.S. 13-1902 State Laws for Robbery apply under the following circumstances (cited in part and paraphrased):
A. Someone else’s property was stolen ; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for conviction of Chandler robbery charges is severe. Sentencing may include incarceration with sentences not to exceed 3.75 years in Arizona State Prison; extended jail sentence for up to one year; restitution for the victim’s medical bills, property damage, and stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Chandler AZ for Robbery Charges
Arizona pursues prosecution of Chandler AZ robbery charges aggressively and to the fullest extent of the law. To defend your Chandler robbery charges you will need a highly qualified criminal attorney to defend you. Only through with legal representation by an experienced criminal defense attorney will you increase your chances of avoiding a conviction, getting a case dismissal, reduced charges, reduced sentencing or other better outcome in your case. Be sure to hire a good felony defense attorney who defends Chandler AZ robbery charges frequently. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

Continue reading

How to Find best Scottsdale DUI lawyer to Defend Your Case

“Your decision could mean the difference between a criminal conviction and a dismissal of your charges.”

Scottsdale AZ DUI charges are very serious offenses. The DUI laws in Arizona are extremely strict and harsh. Even a first time misdemeanor DUI conviction will cost you your freedom with jail time. You will need to hire an experienced and well qualified criminal defense or DUI defense attorney to defend you.

Here are some basic sources to start with and added tips to help you find the best attorney to defend you in Scottsdale court:

1) Search the internet. You can find just about anything you need and eaily get information about an attorney from their websites, review sites, and other sources on the web. .

2) Get a referral from a trusted family member, friend or neighbor
3) Check on line directory listings for Attorneys
4) Contact the Maricopa County Bar Association
5) Look for Attorneys who are licensed to practice in the State of Arizona and who defends Scottsdale DUI charges in the jurisdiction or municipality you where you were charged. Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged. In this case you would want a DUI or criminal Attorney who defends cases often in Scottsdale Court.

6) Once you find several attorneys you feel are qualified, contact them for a free consultation.

7) During your consultation, explain your charges and discuss your defense options and their fees.

8) During your consultation ask all the questions you can, to fill the voids you may not have learned on their website or through other services.

9) Compare fees of the attorneys you speak with. But use caution with how much weight you put on this. The most expensive attorneys many not provide you with the best defense. The least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

10) Comfort level and communication. You must feel comfortable and confident with your choice. If you feel they will not be accessible or have reservations about whether they will provide you with the best defense possible, then you should move on to consult another until you do.

Hiring a DUI or criminal defense attorney for your Scottsdale DUI charges is a big decision, not to be taken lightly. Your decision may mean the difference between a criminal conviction and a dismissal of your charges.

Continue reading

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

After your Maricopa County DUI or Criminal arrest and detention you will be required to have an initial appearance before that particular court in Maricopa County. The Maricopa County 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 Maricopa County Court Judge 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 $950,000.00 bail bond in order to be released from custody (truly outrageous…but just to make the point). 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 Maricopa County Courts 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 Maricopa County 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 Maricopa County police custody. This legal defense service by your private attorney is usually done as part of the entire retention and formal defense process.

Examples of modifications your Maricopa County 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 Maricopa County Court Judge.

When you discuss your case and initial release conditions with your Maricopa County 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 Maricopa County criminal defense attorney will immediately formulate compelling arguments and file the appropriate motions with the Maricopa County 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 Maricopa County frequently significantly increase in your favor.

Continue reading

CRIMINAL DEFENSE TEMPE AZ

Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case.

Tempe AZ robbery charges are classified as Class 4 Felonies under Arizona criminal code A.R.S. 13-1902. If you face robbery charges in Tempe, AZ you will need to consult an experienced felony lawyer who defends Tempe robbery charges on a regular basis. Top criminal defense lawyers in Arizona agree in most cases that you should defend your charges, plead “not guilty”, and hire a good Arizona criminal attorney who defends Tempe AZ robbery charges to defend your case as soon as possible. Most people feel, have too much to lose to be convicted of an Arizona felony charge.

Tempe AZ Felony Laws for Robbery
A.R.S. 13-1902 State Laws for Robbery are described below: (cited in part and paraphrased for legal ease and additional explanation)

A. Someone property was stolen; and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the victim to gain control of it, thus causing the person (s) to surrender the property to the defendant against their will.

Robbery Sentencing
Sentencing for conviction of Tempe AZ robbery charges is harsh. It may include incarceration with sentences not to exceed 3.75 years in State Prison; extended jail time for up to one year; restitution for the victim’s medical bills, property damage, return and/or restitution of the stolen property; supervised probation; mandatory counseling; and a felony on your criminal record that will follow you for years. Other Factors the judge will consider before sentencing include the defendant’s prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Attorney Tempe AZ for Robbery Charges
Arizona prosecution of Tempe AZ robbery charges is aggressive. To defend your Tempe robbery charges you will need an experienced criminal attorney to fight for you. Only with representation by a qualified Arizona criminal defense attorney, will you have a chance at avoiding a conviction, getting a case dismissal, reduced charges, “not-guilty verdict”, reduced sentencing or other favorable outcome in your case. Be sure to hire a good Tempe felony defense attorney who defends robbery charges frequently and understand the Arizona criminal justice system, and defense strategies that can be used based on the circumstances of your case.

Continue reading

Failure to retain legal representation by an experienced private practice criminal attorney who defends Mesa robbery charges in Arizona will almost always result in conviction.

Mesa AZ robbery charges are considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Mesa, AZ you will need to consult good AZ felony attorney who defends felony charges in Mesa AZ regularly. The best criminal lawyers in Arizona agree in most cases that you should initially plead “not guilty” and hire an experienced Arizona criminal attorney who defends Mesa AZ robbery charges to defend your case.

Felony Charges | Robbery Laws | Mesa Arizona
A.R.S. 13-1902 Robbery applies when the following events occur:
A. Someone else’s property was stolen ); and
B. The owner or permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store) was present at the time of this theft;
C. The property was stolen forcefully against the owner’s or authorized person’s will;
D. The accused intentionally used threat, intimidation, or force, against the owner or custodian of the property to gain control of it, causing the person or authorized party to surrender the property to them against their will.

Robbery Sentencing
Sentencing for robbery in Arizona is harsh. If convicted of Mesa robbery charges, sentencing may include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines; restitution for the victim’s medical bills, property damage, and stolen property; probation; mandatory counseling; and whatever else the judge feel is necessary based on the facts surrounding your charges. Factors in sentencing by the judge if convicted include any prior criminal record, repeat offenses, nature of robbery, monetary value and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery
Arizona takes a hard line in pursuit of convictions for Mesa AZ robbery charges. If you face Mesa robbery charges, you will need a highly experienced criminal attorney to defend you. Only through qualified legal representation will you gain the best chance at getting a case dismissal, charge or sentencing reduction, or good outcome in your case. Be sure to hire a good felony defense attorney who defends Mesa AZ robbery charges regularly. A good criminal lawyer or defense firm will make sure your rights are not violated; you are treated fairly; and build and mount a strong defense case on your behalf.

Continue reading