Articles Tagged with Sentencing

Arizona Supreme Court rules suspect was not in custody for purposes of "Miranda"; Facts about Miranda Rights that Police will Likely Not Tell You.

This year marks the 50th anniversary of the landmark decision by the United States Supreme Court  Miranda v. Arizona, 1966.

Since that time, police have been required to read suspects their Miranda rights while in custody before they are interrogated.

The Miranda principle has faced many legal challenges, including when police are required to read the rights.

Domestic Violence Charges

The police and prosecution take domestic violence very serious. They egregiously pursue convictions in these cases because they are considered to be a crime against a victim.
Domestic violence refers to a familial relationship. The victim may be a spouse, partner, brother, sister, grandparent, child, or other persons residing together.

Police have the burden on the scene to distinguish the aggressor from the victim. Often the victim is cited or arrested when the police are unable to identify which party was the aggressor at the scene. It can also occur when false accusations are made against a victim by the aggressor.

Police Departments keep logs of incidents where the police have been called to a residence before. In many of these cases, an arrest will be made, or both parties will be cited, or arrested and forced to defend their charge in court.

Arizona Domestic Violence Laws

Domestic Violence (DV) crimes are described under Arizona Law ARS § 13-3601. This law applies to specified domestic persons who become victims of assault, homicide, threat, intimidation, neglect, abuse or other act of violence.

Offenses may be classified as felonies or misdemeanors, and penalties vary depend on circumstances involved. They include: aggravated or mitigated factors; age of the victim; nature and severity of injuries; if a weapon was used; and whether or not the crime was dangerous or non-dangerous; and if the crime was a first time or repeat offense.

Penalties for Non-Dangerous Domestic Violence Offenses
Non-dangerous Misdemeanor DV charges call for minimums of 30 days to 6 months in jail; and fines from $500.00 to $2500.00.

Non-dangerous Felony DV charges call for 6 months to 18 months in prison, minimums; and 4 to 10 years maximum ranges.

Persons convicted of non-dangerous domestic violence offenses may be ordered to participate in domestic violence offender or anger management counseling programs.

Penalties for Dangerous Domestic Violence Offenses

Dangerous Felony first time offenses expose a person to a minimum of 18 months to 3 years in prison; and maximum penalties of 7 years to 21 years on prison.
Felony domestic violence offenders will be exposed to court ordered fines that can reach a maximum of $150,000, plus restitution.

Persons convicted of domestic violence offenses will be ordered to participate in domestic violence offender or anger management counseling programs. Additional Court ordered penalties may apply such as community service, or probation.

Criminal Defense Attorney for Domestic Violence Crimes Mesa, AZ

If you have been charged with any domestic violence offenses you should consult a criminal defense attorney before pleading guilty. There may be defenses that can be used to challenge the charges, lead to suppression of evidence, or even a dismissal of charges. It is never a good idea to go to court without qualified legal representation for any criminal offense. If retained, an attorney will protect your rights, defend your charges. If the case can’t be dismissed, they will work to mitigate sentencing to help you avoid or reduce harsh jail or prison sentencing.

Additional Resources:

Arizona Coalition Against Domestic Violence .

City of Mesa Police – Family Violence Unit can also provide assistance

Arizona Court – Domestic Violence Information and Resources

Continue reading

“Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ”
Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

Arizona Burglary Laws
Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:
• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.
• Burglary to a residential property is more serious, than burglary to commercial property.
• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);
• It is not necessary for the building or area to have been locked to be convicted;
• It is not necessary for a person to be in the building during the burglary, in order to be convicted;
• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;
• All burglaries are charged as felonies and expose the defendant to prison sentencing.
Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:
• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);
• A.R.S. 13-1506: Third Degree Burglary (Class 4 Felony);
• A.RS. 13-1507: Second Degree Burglary (Class 3 Felony);
• A.R.S. 13-1508: First Degree Burglary; (Class 3 -commercial / Class 2- residential)
Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing.
All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:
1) The presence of mitigating verses aggravating factors;
2) Repeat offense verses first time offense;
3) Criminal record;
4) Existence of violence or harm to victim (s);
5) Extent of harm to victim (s);
6) Involvement or possession of a gun, or other deadly weapon in the burglary;
7) Nature and value of property stolen;
8) Extent of damage to the vehicle, building or other property resulting from the burglary;
9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom.
This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.
If you “Like” this article please let us know! Feel Free to subscribe and “Share”!

Law Office of James Novak
4500 S. Lakeshore Drive
Tempe AZ 85282
(480) 413-1499

Arizona DUI & Criminal Defense
Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ
Free Consultation! Call (480) 413-1499

Continue reading

Contact Information