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Assault

Mesa Driver Arrested for Assault and Aggravated DUI

Sounds like things got a little out of hand in Mesa this weekend when a motorist attempted to hit a few pedestrians as they tried to cross the street. Matthew Cochran was arrested for a number of charges including aggravated assault and aggravated DUI in Mesa, AZ.

From SFGate.com:

Authorities say a man is in custody in Mesa for allegedly trying to run over three pedestrians and assault a police officer.
Mesa police say 44-year-old Matthew Cochran is being held on suspicion of three counts of aggravated assault, aggravated assault on a police officer, criminal damage, possession of a dangerous drug, possession of drug paraphernalia and aggravated DUI.
Authorities say Cochran allegedly drove toward a man and woman walking on a road Sunday morning and then another man soon afterward.
Police say he then crashed his vehicle into the front of a gated community and allegedly punched a police officer before being subdued.
Police reported finding a small baggie later confirmed to contain methamphetamine along with a glass pipe.

 

If you need a DUI Lawyer in Mesa please click here or call our offices at (602) 307-0808 or send us an email through our confidential form.


What to Do if You’re Charged with First Degree Murder

If you have been charged with First Degree Murder, you’re going to require a skilled Phoenix Defense Lawyer.

The two (2) most often seen defenses to First Degree Murder are “Self-Defense” (i.e., Justification) and “Supervening Cause”. Self-Defense would involve the use of deadly force in order to protect oneself against a person who is threatening or using deadly force against them. In regards to a “Supervening Cause”, this would include an error by emergency treating personnel, or a hospital error which caused the person’s death. These cases are so complex that they require a litany of defense tools. For example, private investigators; gunshot residue experts; DNA experts; accident reconstruction experts; human factors experts, just to name of few. David Michael Cantor is “Death Penalty Qualified”. This means he has “first-chaired” and has been substantially involved in Capital Murder Trials in the past.

Click here to learn more about possible defenses and/or punishment for a First Degree Murder charge.


What to Do if You’re Charged with Child Abuse

If you have been charged with Child Abuse, you’re going to require a skilled Phoenix Criminal Defense Lawyer.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.


What to Do if You’re Charged with Domestic Violence

If you have been charged with Domestic Violence, you’re going to require a skilled Phoenix Defense Attorney.

The most common defense utilized with regard to Assault or Domestic Violence Assault is “Self Defense” or “Justification”. In most assault situations, the alleged “victim” will often be the one who makes the first aggressive movement towards the person who has been charged. This usually occurs when alcohol is involved. For example, if the alleged victim is impaired by alcohol, and then attempts to push you or grab you, if you simply pull away they may lose their balance and injure themselves. You now automatically become the prime suspect because you were not injured, but they were.

Click here to learn more about possible defenses and/or punishment for a Domestic Violence charge or Felony Aggravated Domestic Violence.


What to Do if You’re Charged with Kidnapping

If you have been charged with Kidnapping, you’re going to require a skilled Phoenix Criminal Lawyer.

The most often seen defenses to a Kidnapping charge will be based on “Consent”, or “Lack of Intent”. These charges are normally brought up in domestic disputes where a family member or a child is taken by one parent in a vehicle, or they are not allowed to leave the house during an argument. This particular charge is probably “over-charged” by the Prosecutor more than any other serious felony in Arizona. It will be important to interview as many friends and family members as possible to demonstrate the on-going relationship between the parties.

For example, if parents are simply fighting within the household and a child or third person gets scared, this does not necessarily rise to the level of “placing a third person in reasonable apprehension of imminent physical injury to the victim”. It is very important to prevent the Prosecutor from turning a simple Domestic Violence situation (i.e., a misdemeanor) into the very serious felony of Kidnapping.


Arizona Defense Attorney David Michael Cantor on What to Do if You’re Charged with Sexual Assault

If you have been charged with sexual assault, you’re going to require a skilled Arizona Defense Attorney.

Sexual Assault charges can be extremely dangerous in the context of college parties or bar situations. Numerous false claims have been filed by women who were intoxicated and then later regretted their decision (usually after being taunted by friends who used derogatory terms). The alleged “victim” is now left with either acknowledging to their taunting friends that they are a “slut”, or they can “save face” and claim that they were “taken advantage of”. It is important to insure that all medical evidence is reviewed immediately (if there is any); that all witnesses at the bar or party are contacted and interviewed immediately; that a polygraph be conducted on the accused; and that other individuals be interviewed to determine the alleged victim’s propensity for promiscuity and untruthfulness.

Click here to learn more about possible defenses and/or punishment for sexual assault.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Sexual Assault Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Sex Crime Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Defense Attorney David Michael Cantor.


The Arizona Assault Defense Attorney’s Problem with Jury Bias and Hate Crime

Jury selection can be a complicated component in the defense strategy of an assault defense attorney in Arizona. A recent case brought up a string or jury excuses that were far from run of the mill, many of them relating to racial tension and the issue of illegal immigration. Out of a selection of 130 perspective jurors, only 5 were selected and the rest were excused. Either they didn’t meet the requirements of the prosecution, or they posed legitimate concern to the assault defense attorney of the accused.

The case involved Jeffrey Conroy, 19, who had been accused of killing Marcelo Lucero, a 37 year old Ecuadorian immigrant who had been stabbed to death in a hate crime. Lucero was attacked by 7 teenagers who allegedly made a sport of targeting immigrants. Lucero’s death prompted outrage and exposed the racial tensions of region, and many Latinos came forward to speak out about a string of muggings that had been aimed at Hispanics in the area. It created a scenario that made it hard for his assault defense attorney to find an unbiased jury which to try him.

As Conroy went on trial, jury selection proved difficult, partly because of the views on immigration that were held by some perspective members of the jury, as well as those who might have been motivated out of racial concerns. Certain points of jury selection had the sound of a call in talk radio show as perspective jurors were interviewed by the prosecution and the assault defense attorney.

Most of the jury responses answered questions posed by Justice Doyle. He pointed out that some testimony would be provided by illegal immigrants, and that the potential witnesses that have been named in court include some or all of the other men who participated in the attack and have since pleaded guilty.

Several potential jurors were dismissed because they had strong views on illegal immigration and would be unable to respond in an unbiased way, a dismissal made in the interest of the prosecution. Others were excused because they had Hispanic family members or were Hispanic themselves and might therefore side with the victim and his family in a way that prevented an unbiased viewpoint, a dismissal made in the interest of the assault defense attorney.

Still others stated they had followed the case in the news, and had already formed sound judgments as to Conroy’s guilt or innocence.

For example, one man confided that he grew up in a racist environment and that he doubted his ability to render a fair and impartial decision. Another had been the victim of verbal abuse aimed at his Puerto Rican heritage, which he allowed could affect the decision he made in the jury box.

Plus, as any assault defense attorney realizes, people often answer jury questions in an effort to appear to have a bias, simply to get out of serving on a jury. Jury duty isn’t as exciting as a courtroom drama on television. While serving on a jury may be a citizenship duty, it is no picnic.

These are challenges that are always presented in any case to an assault defense attorney of Arizona and prosecution team in finding an unbiased jury, but they become even greater in the instance of hate crime that involves racial issues.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona assault defense attorney, visit our site.


An Arizona Assault Lawyer Can Gain Advantage Questioning GSR Evidence

Ask any assault lawyer in Arizona who knows the law. Just because a suspect tests positive for GSR doesn’t mean he shot his victim. In fact, the tenets of GSR are so shaky that an assault lawyer has many opportunities to insert doubt over such evidence, making it practically useless in a court of law.

What is GSR?
The Trace Evidence Procedures Manual defines GSR (short for “Gun Shot Residue”) as “a particle with a spherical or molten appearance containing the elements Pb, Ba, and Sb.” The reality is that 99% of the time, neither the police nor the assault lawyer in Arizona actually tests for gunshot residue. Instead, they test for primer residue.

To understand GSR, let’s first take a look at gunpowder. Essentially, it’s combination of chemicals that, once ignited, burn at a predictable rate, expanding gases that create pressure and force the bullet down the barrel of a gun. In the early days, gunpowder was a black powder that 75 % potassium nitrate, 15% charcoal, and 15% sulfur. Nitrate is the base fuel of all gun powders, though they may take several different chemical forms. Gun powder has advanced over the years to include other ingredients, but at its base it is essentially the same.

Crime scene investigators take a swab sample from a person or article and test for a combination of chemicals from gunpowder residues, primer residues and lead residues. It is important to note that increasingly, companies are making gun powder with less or no lead residue in its ingredients. This is done in order to make shooting safer in an indoor arena, as lead free ammunition keeps the shooter from inhaling the toxic metal and risking cancer.

Problems with nitrates

Nitrates are the fuels that make the gunpowder burn. The problem that is of interest to an assault lawyer is that it is quite possible to test positive for nitrates by coming into contact with an endless stream of everyday ingredients, with fertilizers and fuels topping the list. In fact, obtaining a false positive test is so easy that most police departments these days don’t even bother to test for nitrates. They just aren’t reliable.

When the powder remains, soot is what remains. You can get soot from car exhaust, fireplaces, even a cigarette. Testing positive for soot should hardly require the need to hire an assault lawyer.

Problems with primers
Primers are the small cups or circles on the base of the cartridges that ignite the gunpowder with a small explosion – just like a child’s cap gun. This is where the job of police work gets interesting and where an assault lawyer should take notice. Most primers contain the chemicals barium nitrate, lead styphnate, and antimony sulfide. There are a number of chemicals the forensic expert must identify. The fact that they do not identify all chemicals does not mean it is not GSR, and even if they do, it does not mean that the person fired the gun. GSR is based upon shaky, questionable grounds that an assault lawyer can bring to the court’s attention in the best interest of his client.

GSR is a very inconclusive piece of evidence that is being questioned more and more by the courts. An assault lawyer in Arizona should always insert doubt into any presented testimony of GSR. The evidence is simply not valid or sound enough to base a judicial decision upon.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona assault lawyer, visit our site.


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