Click to call 602-307-0808 24/7 Click Here for Free Consultation

Arizona Criminal Law

What is Considered Aggravated Assault in Arizona?

What is Considered Aggravated Assault in Arizona?

A person may be charged with aggravated assault in Arizona if they have an altercation with another person. If you or a loved one has been charged with this crime or you’re concerned about being charged and you want to know more, you may find the following information helpful. You need to learn what assault means, how aggravated assault differs and the penalties that go along with the charge if you are convicted.

What is the Definition of Assault?

According to the Arizona Revised Statute, assault (see: ARS 13-1203) happens when someone attacks another person with the intent to do harm. Even someone who attempts to harm another person but doesn’t succeed could be charged with assault. This may be a misdemeanor or it can be upgraded to a felony charge, which has more serious repercussions.

Someone may be charged with assault whether they attacked the other person or both people were mutually fighting. The attacker may not have touched the other person, but they fear being attacked because of the person’s behavior.

An example of assault that doesn’t involve physical violence would be the following: Bill and Joe meet on the street and Bill lifts his hand in a fist as if he’s about to hit Joe. He yells, “I’m going to get you for what you did.” He could be charged with assault even though he hadn’t touched Joe, but the threat was real. Joe was frightened by the raised fist. If there had been no behavior or words, a charge of assault could not have been made even if Joe was afraid of Bill. It is the action of the person that makes the charge, not the reaction of the potential victim.

What Makes Assault Aggravated?

An assault may be labeled as aggravated for a few reasons. If there is an extenuating factor such as a weapon, it may be called aggravated assault (see: ARS 13-1204). Another factor that would turn an assault into something more is the relationship between the two people.

…Click Here to Read the Full Article


What to do if You Are Arrested for a Felony in Arizona

What to do if You Are Arrested for a Felony in Arizona

If you have been arrested in Arizona for a felony charge, it is vital that you understand your rights. A felony conviction can have significant consequences and may result in revocation of certain rights. Rights such as the right to vote and to possess a firearm. Because of this, you should be mindful of your rights and should contact an Arizona defense attorney as soon as possible.

What are some of Your Rights after you are Arrested for a Felony?

After you are placed under arrest for a felony offense, you have certain constitutional rights that are intended to protect your interests. These rights include the following:

The right to remain silent

  • The right to remain silent: After you are arrested, you are under no obligation to speak with law enforcement about the event. Police officers are often well-trained in interrogation tactics and will seek to obtain information that could be used against you in court. The prosecution frequently relies upon admissions made by defendants or inferences that can be drawn from statements that are made. To protect yourself and to limit disclosure of information, you should exercise your right to remain silent, at least until such time that you have legal representation present.

…Click Here to Read the Full Article


How Long Can I Be Held in Custody by Law Enforcement?

How Long Can I Be Held in Custody by Law Enforcement?

In most cases, someone who is arrested will be taken into custody by law enforcement, processed into jail and then be formally charged with a crime before a judge during an arraignment hearing; but what happens if no formal charges are filed? Can the police hold you behind bars until they feel like taking action? How long do you have to wait before your case goes to trial? When should you involve a criminal defense attorney in your Arizona arrest case?

What Happens After an Arrest?

After an arrest, you are in a bit of a legal gray area. You have been taken into custody by law enforcement, but you have not been formally charged with a crime. As a result, you must remain in custody while awaiting charges for a period of time. If that time expires and you have not been charged, you must be released. While waiting, you will likely be brought before a magistrate judge who will determine your bail amount, if any. This differs from an arraignment in that, during an arraignment hearing, you are formally charged with a crime and are required to enter a plea. This is also when a trial date is set, and you will remain in jail until your trial.

If you are not charged within the hold period, you will not be arraigned, but a bail amount and the posting of bail may be required – see “how to post bail”. Once again, this is an area of legal limbo because you are still in jail while waiting to see what is going to happen, so you should contact your defense attorney as soon as possible after your arrest to ensure that you receive adequate representation from the start of the criminal justice process.

While Waiting in Jail:

  • Exercise your right against self-incrimination
  • Follow commands by law enforcement within legal boundaries
  • Contact your defense attorney
  • Know that you have not been formally charged with a crime until you have been arraigned

How Long Can You Be Held After an Arrest?

In Arizona, as well as in many other states, there is a limit of 48 hours after an arrest before formal charges have to be filed.

…Click Here to Read the Full Article


Stopped at a Phoenix DUI Task Force Checkpoint

Stopped at a Phoenix DUI Task Force Checkpoint

What is the Arizona DUI task force?

The Arizona Governor’s Office of Highway Safety (GOHS) strives to prevent motorists from driving while impaired or intoxicated. AZGOHS awards grant funds to local law enforcement agencies, fire departments, and nonprofit organizations to reduce alcohol-related accidents, injuries, and fatalities. Funds are awarded based on the need for the project as determined by the ratio of the number of alcohol-related accidents and deaths to the total number of accidents and fatalities in the geographic area. The Phoenix, Arizona, Department of Public Safety (#AZDPS) DUI task force is a multi-agency effort with federal, state, and local law enforcement.

Despite the efforts of the Phoenix, Arizona, DUI task force to increase their presence on the highways, Phoenix parents still tried to drive under the influence of drugs and alcohol over the 2018 Halloween holiday. A 41-year-old woman taking six children under the age of 10 trick or treating in her SUV careened off the road and into a ditch at 8:30 P.M. on Wednesday evening. Her speech was slurred, and she reeked of alcohol when police arrived at the scene. Her blood-alcohol was twice the legal limit. She faces five counts of aggravated DUI, and she was drinking from an open container. Of course, she lost custody of the kids. In another incidence, a Phoenix police officer was injured when a vehicle rolled over onto him early Sunday at 27th Avenue and Camelback Road. The driver, charged with driving under the influence, was in possession of controlled substances at the time of his arrest.

What is a First DUI Arrest?

A first DUI arrest is not the end of the world, but you will do at least minimal jail time, pay a fine, and loss of your driving privileges. Your car insurance premiums will drastically increase when you get driver’s license back. When you get pulled over for driving under the influence of drugs or alcohol, you will be offered an opportunity to prove your innocence. The officer will decide what test of sobriety to provide you with. The officer may request that you get out of the car and walk in a straight line. If you refuse the test, your driver’s license will be suspended immediately.

How Can I Get My DUI Charges Reduced?

If you endangered children or injured others while driving under the influence of drugs or alcohol, you’ll face serious criminal charges. If your first DUI arrest involves an accident, our Phoenix DUI lawyer may be able to get your bail or charges reduced. Our lawyers can represent you in criminal court, traffic court, and civil court to try to salvage your rights and your freedom so you can return to work and your family or friends. Our criminal defense attorney can represent you in:

  • Criminal court
  • Drug court
  • Traffic agency hearings
  • DHS agency hearings
  • Civil litigation

…Click Here to Read the Full Article


AP Interviews Criminal Defense Attorney David Michael Cantor Regarding Kavanaugh Case

Rachel Mitchell - AP News

Article Provided by: AP News
Date: 9/26/18

PHOENIX (AP) — A sex-crimes prosecutor tapped by Senate Republicans to question Supreme Court nominee Brett Kavanaugh about allegations of sexual assault could have a tough time in such a contentious political environment, Arizona attorneys who know her said Wednesday.

But her boss says Rachel Mitchell is a hard-hitting attorney who is used to handling high-profile cases and is one of the few prosecutors in the country with a deep understanding of working with sexual abuse victims.

Mitchell, a Republican, was expected to question Kavanaugh and the first woman to accuse him of sexual misconduct at a Senate Judiciary Committee hearing Thursday. Christine Blasey Ford’s allegation that Kavanaugh drunkenly assaulted her when they were teenagers has raised a political storm in the #MeToo era, and the GOP’s all-male presence on the panel made some want a woman to question Ford.

Mitchell is chief of the Special Victims Division in the Maricopa County attorney’s office in Phoenix. She supervises attorneys who handle cases involving child molestation, sexual assault and computer crimes against children in Arizona’s most populous county.

…Click Here to Read the Full Article


Getting Legal Help in a White Collar Crime Case in Arizona

White collar crimes refer to financially motivated nonviolent crimes that are committed by business and government professionals. In the past years, white collar crime cases have made headlines and their frequency has increased in recent years. White collar crimes are often perpetrated by people who are in upper-level positions in business or in the government. They are usually committed by very well educated, smart, and respected members of the society whom people trust. However, these crimes are fueled by the greed for money, which leads to crimes, theft and other violations.

(more…)


Does having a DUI affect getting hired?

Convicted of a Crime on Job Application

 

Finding a job in today’s economy can be tough. Although that is a difficult task on its own for the best of candidates, adding an Arizona DUI conviction to your record can make a job search even more problematic. At best, you may find yourself embarrassed about your poor decision-making that led to DUI charges. At worst, you may not be able to work in your chosen field, travel to other countries without extra hassles or maintain the trust of your peers when you do gain a position. Even just getting to work each day can be made difficult, if you have a suspended or revoked driver’s license.

If you are charged with DUI in Arizona, it is very important that you seek the advice of a licensed Arizona DUI defense attorney. Through the help of an experienced lawyer, you can fight the charges for a possible dismissal or reduction of those charges or reduced sentencing. (more…)


How to Remove a DUI off My Record ARS 13-907

When you are arrested or convicted of drunk driving, resulting criminal charges can heavily affect your daily life. You may lose your job, struggle to find a new position, get expelled from college and even suffer credit problems. Your insurance is likely to cost more. Also, if you are in politics or hold other positions scrutinized by the public, you will likely experience trouble gaining those roles in the future – if you are eligible to hold office, at all.

In Arizona, if you have been convicted of DUI you may be eligible for a Set Aside (ARS 13-907). A Set Aside is similar to expungement of criminal records in other states. To find out if a Set Aside will work to clear DUI conviction from your criminal record, call DM Cantor.


What a Set Aside / Expungement can do for DUI Convictions

Depending upon the circumstances of each individual’s case, it is often possible to have a DUI, drug-related or other conviction removed from your public record by a lawyer for expungement or Set Aside. First, you must complete all of the conditions of your sentence and associated probation. If you have achieved this and have otherwise cooperated as you should, the court may agree to have your DUI or criminal records Set Aside. This means that the conviction will be cleaned from your record, as if you were never found guilty. (more…)


Click to Watch Important Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to recieve a free and confidential intial consultation.


Arizona Defense Law Firm Associations and Awards
DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
[contact-form-7 id="8868" title="Exit Intent"]