Phoenix Criminal Lawyer

AREAS OF CRIMINAL LAW

DUI / DWI – Arizona Driving Under the Influence Charges

Arizona enforces strict DUI laws with severe penalties, ranging from misdemeanors to felonies based on the circumstances. A DUI can result from driving after a night out, and charges can escalate to a felony if the offense involves an accident, prior convictions, minors in the car, or driving with a suspended license. The state must prove that the driver was “impaired to the slightest degree,” even if their blood alcohol concentration (BAC) is below the legal limit of .08. Penalties for a regular DUI under ARS 28-1381 include mandatory jail time, license suspension, fines, increased insurance rates, and mandatory substance abuse counseling.

More serious offenses, such as Extreme DUI (BAC between .15 and .20) and Super Extreme DUI (BAC above .20), carry harsher penalties, including longer jail sentences and higher fines. Aggravated DUI, a felony, can occur if a person has multiple DUIs within seven years, drives under the influence with a suspended license, transports a minor, or drives the wrong way. Underage DUI carries penalties for drivers under 21, even if their BAC is below .08. Additional related offenses, such as reckless driving or leaving the scene of an accident, can further worsen the consequences of a DUI conviction.

Domestic Violence Allegations

Arizona law has a rule related to any offense designated as a domestic violence offense which can make a 3rd domestic violence offense jump from a misdemeanor to a felony. Even if an offense is not violent, it can be considered a DV offense for purposes of conviction and sentencing.

Under ARS 13-3601, the State must prove the existence of either a prior or current relationship between the parties, shared children, shared housing, or relation by blood or marriage.

If any offense, even a simple disorderly conduct charge, involves that relationship, it can be charged as a domestic violence offense. 

Weapons and Gun Offenses

Although Arizona is typically assumed as a State supportive of 2nd Amendment Rights — Arizona and the Prosecutor offices throughout the State, take a strict and harsh approach to any crime involving firearms or other deadly weapons.

Any crime where a deadly weapon such as a firearm, knife, car or even a glass bottle is involved is treated as a “dangerous offense” under A.R.S. 13-704 and 13-105(13). A conviction for a dangerous offense results in mandatory prison time no less than 1.25 years in the Arizona Department of Corrections.

Drug  Possession and Sale Charges

In Arizona, penalties for possession with the intent to sell drugs are severe, varying by the type and quantity of the drug involved. Those convicted are ineligible for probation and may extremely steep fines of up to $150,000. Drugs classficied as “dangerous” or as “narcotic” drugs, such as methamphetamine and cocaine, oxycodone and fentanyl result in Class 2 Felony charge with mandatory minimum prison time of 10 years.

Though Marijuana is recreationally legal, possession above the threshold limit can result in a Class 4 Felony with a three year prison sentence for less than two pounds, up to a Class 2 Felony with 10 years for over four pounds. Prescription-only drug offenses, such as misuse of Adderall, Ketamine, or benzodiazepines can result in a Class 6 Felony charge with a minimum 1.5-year sentence.

A successful defense strategy may challenge the constitutionality of the search or seizure that uncovered the drugs, argue lack of intent to sell, or assert that the drugs were for personal use only. In some cases, evidence may be suppressed or charges reduced and dismissed. Skilled negotiation with prosecutors can lead to a more favorable outcome, such as reduced charges or sentences, especially for first-time offenders or those willing to participate in rehabilitation programs. Understanding how to challenge the prosecution’s case and negotiate effectively is key to mitigating the harsh penalties associated with these charges.

White Collar Crimes

Arizona’s laws on white-collar and theft crimes encompass a variety of financially motivated, non-violent offenses, such as fraud, embezzlement, identity theft, money laundering, forgery, and theft. Fraud (A.R.S. § 13-2310) involves schemes to deceive others for financial gain, and can include securities fraud, credit card fraud, and insurance fraud. Embezzlement, a type of theft (A.R.S. § 13-1802), occurs when someone misappropriates money or property entrusted to them. Both fraud and embezzlement can result in serious felony charges, with penalties varying based on the amount stolen. Identity theft (A.R.S. § 13-2008) is a felony offense involving the unlawful use of another person’s identifying information for financial gain.

Money laundering (A.R.S. § 13-2317) involves concealing the origins of illegal funds, often through complicated financial transactions. It is treated as a serious felony in Arizona, with severe penalties, including long prison sentences and heavy fines. Forgery (A.R.S. § 13-2002), which covers falsifying documents with the intent to defraud, is also classified as a felony, depending on the circumstances of the offense. Arizona’s theft laws (A.R.S. § 13-1802) address a range of theft crimes, with penalties based on the value of the stolen property. Theft of items worth less than $1,000 is typically charged as a misdemeanor, while larger amounts lead to felony charges, with thefts exceeding $25,000 considered Class 2 Felonies.

Smuggling, particularly human smuggling (A.R.S. § 13-2319), is a major concern in Arizona, due to its proximity to the U.S.-Mexico border. Smuggling involves transporting people or goods illegally, and is treated as a felony with severe penalties, including long prison sentences and significant fines. For all these offenses, penalties can be more severe if they involve vulnerable populations, such as the elderly. Depending on the circumstances, such as the value involved or prior criminal history, defendants may face harsh sentences, though skilled defense strategies can sometimes lead to reduced charges or alternative sentencing options.

Sex Crimes and Internet Crimes

At our law firm, we take a comprehensive and strategic approach to defending clients facing sex crime charges in Arizona. We understand the extremely severe consequences these charges can bring, including mandatory minimum prison time, lifetime sex offender registration, lifetime probation and lasting reputational harm. Our team thoroughly investigates the evidence, challenges the prosecution’s narrative, and works with forensic and legal experts to build a strong defense. We handle these cases with both sensitivity and tenacity, offering our clients compassionate support while vigorously defending their rights and ensuring they receive a fair trial.

When it comes to internet crimes, our firm leverages a deep understanding of technology and cyber laws to defend clients against charges like fraud, identity theft, or possession of illegal materials. These cases often involve complex digital evidence, and we collaborate with cybersecurity experts to analyze electronic records, online activity, and digital devices. Whether negotiating with prosecutors or defending the case in court, we aim to minimize legal repercussions such as imprisonment and financial penalties, while safeguarding our clients’ futures.