We have experience in many aspects of criminal law from DUI/DWI to first degree murder, and will use this experience to advocate for you whether it is a felony or misdemeanor. Our team brings a diverse background to the table, allowing us to advocate for you in many areas of Arizona criminal defense law. This gives criminal defense lawyer Brian DiPietro an edge when dealing with complex legal matters in plea negotiation to jury trial. Often, more than one area of expertise is required in the numerous aspects of criminal defense. No need to hire several Arizona criminal defense attorneys. We can provide you with comprehensive legal support in the many areas as an experienced criminal defense attorney.
Brian DiPietro offers free case evaluation. Our services of experienced, effective representation include:
- First Degree Murder
- Second Degree Murder
- Manslaughter
- Bank Robbery
- Armed Robbery
- Aggravated Assault
- Drive by Shooting
- Fraudulent Schemes
- Sexual Assault
- Negligent homicide
- Child Molesting
- Rape
- DUI / DWI
- Theft
- Arson
- Kidnapping
- False Imprisonment
- Manufacturing Dangerous Drugs
- Transportation of Dangerous Drugs
- Possession of Dangerous Drugs
- Drug Trafficking
- White Collar Crimes
- Domestic Violence
- Assault
- Traffic Offenses
- Criminal Damage
- Prostitution
- Fraudulent Check
Drunk Driving Offenses DUI / DWI
Driving or actual physical control while under the influence (DUI / DWI); It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances: While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. While there is any drug or its metabolite in the person's body. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license and the person has an alcohol concentration of 0.04 or more.
It is not a defense to a charge that the person is or has been entitled to use the drug under the laws of this state. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor. A person using a drug prescribed by a medical practitioner who is duly licensed pursuant to law is not guilty of violating this section.
In any prosecution for a violation of this section, the state shall allege, for the purpose of classification and sentencing pursuant to this section, all prior convictions of violating this section, section 28-1382 or section 28-1383 occurring within the past thirty-six months, unless there is an insufficient legal or factual basis to do so. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.
In a trial, action or proceeding for a violation of this section other than a trial, action or proceeding involving driving or being in actual physical control of a commercial vehicle, the defendant's alcohol concentration within two hours of the time of driving or being in actual physical control as shown by analysis of the defendant's blood, breath or other bodily substance gives rise to the following presumptions: If there was at that time 0.05 or less alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was not under the influence of intoxicating liquor. If there was at that time in excess of 0.05 but less than 0.08 alcohol concentration in the defendant's blood, breath or other bodily substance, that fact shall not give rise to a presumption that the defendant was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. If there was at that time 0.08 or more alcohol concentration in the defendant's blood, breath or other bodily substance, it may be presumed that the defendant was under the influence of intoxicating liquor.
Driving or actual physical control while under the extreme influence of intoxicating liquor; It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20, and 0.20 or more. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.
Aggravated driving or actual physical control while under the influence; A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following: Commits a violation of this section while the person's driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person's driver license or privilege to drive. If a person is convicted, the court, in addition to any other penalty imposed by law, shall order the motor vehicle owned and operated by the person at the time of the offense forfeited.
Operating a motor vehicle, aircraft, watercraft or water skis under the influence; emergency response; A person who is under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances, who causes an accident that results in an appropriate emergency response and who is convicted of any DUI is liable for the expenses of that emergency response. The expenses of an emergency response are a charge against the person liable for those expenses. The charge is a debt of that person. The public agency, for-profit entity or not-for-profit entity that incurred the expenses may collect the debt proportionally. The person's liability for the expenses of an emergency response shall not exceed one thousand dollars for a single accident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
Blood and breath tests; If blood is drawn, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test, a sample of the person's breath does not have to be collected or preserved.
The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
If a person under arrest refuses to submit to a test or tests, whether or not a sample was collected or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated the DUI law and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.
Drunk driving is known by a variety of names such as:
- driving under the influence (DUI)
- driving while impaired (DWI)
- operating under the influence (OUI)
- operating while impaired (OWI)
- driving under the influence of intoxicants (DUII)
- driving while under the influence (DWUI)
The purposes of Arizona criminal law
In order to preserve and protect the rights of crime victims to justice and the right of the people to safety, it is a fundamental purpose of the criminal law to identify and remove from society persons whose conduct continues to threaten public safety through the commission of violent or aggravated felonies. This is accomplished by deterrance, which is comprised of two types. Specific deterrance seeks to discourage individuals already convicted of crimes from committing crimes in the future. General deterrance trys to deter all members of society from engaging in criminal activity. The goal here, is to make the public fearful of committing the prohibited conduct for fear of discovery and punishment The idea is that as punishment increases, so does compliance, and therefore less crime.
Another purpose is by way of incapacitation. Incapacitation does not seek to deter criminal conduct by influencing people's choices, but to prevent criminal conduct by restraining those who have committed crimes.
Retribution is another purpose of the criminal law. Retribution is society's vengeance for committing the crime. Punishment through the criminal justice system is society's method of avenging a wrong. This is the concept of "an eye for an eye."
Under Arizona criminal law, rehabilitation is not a purpose of the criminal law. In other states, rehabilitation can be a function of the criminal law. The theory behind rehabilitation is that if the criminal is subjected to educational and vocational programs, treatment and counseling, and other programs, it is possible to alter the person's behavior to conform to society's expectations.
Sources of criminal law
The oldest form of criminal law in the United States is the common law. The common law was developed in England and brought to the United States by the English colonists. The common law is judge made law. It is law that has been developed by the judges of both England and the United States.
When a court renders a legal decision, that decision becomes binding on itself and its inferior courts, whenever the same issue arises again in the future. The decision of the court is called a precedent. In early England, there were few formal criminal laws. Local customs and practicies develpoed into rules that governed the people. The concepts of fairness, justice, and equity were the guiding principles behind these rules. Eventually the courts began to recognize these rules. As precedent, decisions began to establish a body of law, both civil and criminal in nature. The whole of those decisions is known as the common law. (Hall 2004)
The legislative branch of government has the unlimited authority to create law. Ordinances are laws that are wirttenby municipalities. Administrative law is a law written by administrative agencies to help the agency function. The Motor Vehicle Department (MVD) is such an agency that has rules and regulations to operate by. The administrative laws are called regulations. A suspension or revocation of a person's ability to drive a motor vehicle upon conviction of certain driving offenses such Driving Under the Influence of Alcohol or Intoxicants and Driving While Impaired by Alcohol or Intoxicants are criminal offenses that the MVD has regulated that will result in the license suspension or revocation.
Court rules are rules promulgated by the court which govern its practices or procedures. These rules were created to manage their cases. Court rules are procedural and may establish deadlines, lengths of filings and other practices. Court rules may not conflict with statutes or constituions.
Another source of law is the Model Penal Code. It was developed by a committee of legal experts in criminal law and proposed by the Commission on Uniform State Laws and the American Law Institute. Arizona is one of the State's that has adopted the code with modifications.
Consttutional law is that law developed by the federal constitution and state constitutions. Each state must follow the federal constitutional law as well as that state's constitution.
"Premeditation" under Arizona criminal law means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Under Arizona criminal law this length of time can be as short as a moment, so long as it allows the person to reflect upon the person's act. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. "Homicide" under Arizona criminal law means first degree murder, second degree murder, manslaughter or negligent homicide. It is the killing of one human being by another. "Person" under Arizona criminal law means a human being."Adequate provocation" under Arizona criminal law means conduct or circumstances sufficient to deprive a reasonable person of self-control.
The experienced Arizona criminal defense attorney will examine the conduct of the person to evaluate whether premeditation is an element of the crime charged, first degree murder, and any possible defenses based upon whether ther was provocation for the act, such as to make the offense a manslaughter or other criminal defense.
Negligent homicide; A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child. An offense under this section applies to an unborn child in the womb at any stage of its development. As a defense, a criminal defense attorney will point out under the following circumstances a person may not be prosecuted under this section if any of the following applies: The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child. The person was the unborn child's mother.
Manslaughter A person commits manslaughter by: Recklessly causing the death of another person; or Committing second degree murder upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or Intentionally aiding another to commit suicide; or Committing second degree murder, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
An offense applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted if any of the following applies: The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child. The person was the unborn child's mother. A skillful criminal defense attorney will establish any of these defenses under the appropriate facts.
Second Degree Murder A person commits second degree murder if without premeditation: The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child. An offense under this section applies to an unborn child in the womb at any stage of its development. There are defenses for second degree murder that an experienced criminal defense lawyer can establish. A person may not be prosecuted if any of the following applies: The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child. The person was the unborn child's mother.
First degree murder; A person commits first degree murder if:
1. Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor, sexual assault, molestation of a child, terrorism, marijuana offenses, dangerous drug offenses, narcotics offenses that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses, kidnapping, burglary, arson, robbery, escape, child abuse, or unlawful flight from a pursuing law enforcement vehicle and, in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person (commomly referred to as the "Felony Murder Rule").
2. Felony murder rule; Intending or knowing that the person's conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty. The principle that if a person (even accidentally) kills another while committing a felony, then the killing is murder. The prosecutor must prove the defendant was engaged in committing a felony, or an attempted felony and during the crime or attempt, a death ocurred, and there is a connection between the crime and the death. Whenever a person is charged under the felony murder rule, an experienced Arizona criminal defense lawyer will require the prosecutor to prove the rule was violated.
Homicide, requires no specific mental state other than what is required for the commission of any of the enumerated felonies. An offense applies to an unborn child in the womb at any stage of its development. An experienced criminal defense attorney can raise the any of the following defenses when the facts so sictate. A person shall not be prosecuted if any of the following applies: The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman's behalf, has been obtained or for which the consent was implied or authorized by law. The person was performing medical treatment on the pregnant woman or the pregnant woman's unborn child. The person was the unborn child's mother.
Endangerment; A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. The skillful criminal defense attorney will challenge whether the persons conduct was actually reckless. Also as a criminal defense the lawyer will question whether that risk was substantial.
Threatening or intimidating; A person commits threatening or intimidating if the person threatens or intimidates by word or conduct: To cause physical injury to another person or serious damage to the property of another; or To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise. An experienced criminal defense attorney will require the prosecutor to prove beyond a reasonable doubt that the person's conduct was in furtherance of a criminal street gang, criminal syndicate or racketeering enterprise.
Assault; A person commits assault by: Intentionally, knowingly or recklessly causing any physical injury to another person; or Intentionally placing another person in reasonable apprehension of imminent physical injury; or Knowingly touching another person with the intent to injure, insult or provoke such person. A criminal defense attorney challenges all allegations brought by the prosecution in an assault case to prove guilt beyond a reasonable doubt.
Aggravated assault; A person commits aggravated assault if the person commits assault under any of the following circumstances: If the person causes serious physical injury to another. If the person uses a deadly weapon or dangerous instrument. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part. Many times the issue is whether the injury was serious. The skillful criminal defense attorney checks to make sure the injury caused disfigurement or impairment of a bodily function.
Drive by shooting; A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure. Usually, there are more than one person in the passing vehicle and the astute criminal defense lawyer will make the prosecutor prove beyond a reasonable doubt who was the actual shooter.
Kidnapping; A person commits kidnapping by knowingly restraining another person with the intent to: Hold the victim for ransom, as a shield or hostage; or Hold the victim for involuntary servitude; or Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or Interfere with the performance of a governmental or political function; or Seize or exercise control over any airplane, train, bus, ship or other vehicle. There are often facts to the case that a criminal defense attorney can establish that is a defense to such a criminal charge.
Sex trafficking; It is unlawful for a person to knowingly recruit, entice, harbor, transport, provide or obtain by any means another person who is eighteen years of age or older with the intent of causing the other person to engage in prostitution by force, fraud or coercion. It is unlawful for a person to recruit, entice, harbor, transport, provide or obtain by any means another person who is under eighteen years of age with the intent of causing the other person to engage in prostitution. As in any criminal charge such as sex trafficking, a criminal defense attorney will require the prosecutor to prove the purpose was to engage in sex.
Indecent exposure; A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act. Indecent exposure does not include an act of breast-feeding by a mother. The defense to this offense is the definition of a reasonable person. Your experienced criminal defense attorney forces the prosecutor to define what is a reasonable person.
Public sexual indecency; public sexual indecency to a minor; A person commits public sexual indecency by intentionally or knowingly engaging in any of the following acts, if another person is present, and the defendant is reckless about whether such other person, as a reasonable person, would be offended or alarmed by the act: An act of sexual contact; An act of oral sexual contact; An act of sexual intercourse; or An act of bestiality. Under Arizona law this is a specific intent crime and the successful criminal defense lawyer requires the prosecutor to prove the necessary elements of specific intent.
Sexual abuse; A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person who is fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast. This offense is a specific intent crime and the experienced criminal defense attorney puts the prosecutor to the test of establishing proof beyond a reasonable doubt.
Sexual conduct with a minor; A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.
Sexual assault; A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person.
Molestation of a child; A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child who is under fifteen years of age.
Defenses;
The experienced criminal defense attorney may raise any of the defenses appropriate to the facts of the case. A.It is a criminal defense to a prosecution involving a minor if the act was done in furtherance of lawful medical practice.
It is an Arizona criminal defense to a prosecution in which the victim's lack of consent is based on incapacity to consent because the victim was fifteen, sixteen or seventeen years of age if at the time the defendant engaged in the conduct constituting the offense the defendant did not know and could not reasonably have known the age of the victim.
It is an Arizona criminal defense to a prosecution if the act was done by a duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person who renders emergency care at the scene of an emergency occurrence, the act consisted of administering a recognized and lawful form of treatment that was reasonably adapted to promoting the physical or mental health of the patient and the treatment was administered in an emergency when the duly licensed physician or registered nurse or a person acting under the physician's or nurse's direction, or any other person rendering emergency care at the scene of an emergency occurrence, reasonably believed that no one competent to consent could be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
It is an Arizona criminal defense to a prosecution that the person was the spouse of the other person at the time of commission of the act. It is not a defense to a prosecution that the defendant was the spouse of the victim at the time of commission of the act.
It is an Arizona criminal defense to a prosecution that the defendant was not motivated by a sexual interest. It is a defense to a prosecution involving a victim under fifteen years of age that the defendant was not motivated by a sexual interest.
It is an Arizona criminal defense to a prosecution if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.
Sexual exploitation of a minor; A person commits sexual exploitation of a minor by knowingly: Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. This offense covers a variety of conduct to charge someone with violating this statute. The experienced criminal defense attorney investigates each allegation to see if the prosecutor can prove its case.
Luring a minor for sexual exploitation; A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor. A criminal defense lawyer makes the prosecution prove that the defendant knew that age.
Bestiality; A person commits bestiality by knowingly doing either of the following Engaging in oral sexual contact, sexual contact or sexual intercourse with an animal. Causing another person to engage in oral sexual contact, sexual contact or sexual intercourse with an animal. The aggresive and experienced criminal defense attorney makes the prosecution prove this specific intent crime.
Voyeurism;
It is unlawful to knowingly invade the privacy of another person without the knowledge of the other person for the purpose of sexual stimulation.
It is unlawful for a person to disclose, display, distribute or publish a photograph, videotape, film or digital recording that is made in without the consent or knowledge of the person depicted.
For the purposes of this section, a person's privacy is invaded if both of the following apply: The person has a reasonable expectation that the person will not be photographed, videotaped, filmed, digitally recorded or otherwise viewed or recorded. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or without a device, either: While the person is in a state of undress or partial dress. While the person is engaged in sexual intercourse or sexual contact. While the person is urinating or defecating. In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock or female breast, whether clothed or unclothed, that is not otherwise visible to the public.
This section has a built-in criminal defense that the experienced criminal defense attorney is knowledgeable of and forces the prosecutor to recognize that this section does not apply to any of the following: Photographing, videotaping, filming or digitally recording for security purposes if notice of the use of the photographing, videotaping, filming or digital recording equipment is clearly posted in the location and the location is one in which the person has a reasonable expectation of privacy. Photographing, videotaping, filming or digitally recording by correctional officials for security reasons or in connection with the investigation of alleged misconduct of persons on the premises of a jail or prison. Photographing, videotaping, filming or digitally recording by law enforcement officers pursuant to an investigation, which is otherwise lawful. The use of a child monitoring device
Burglary in the first degree; A person commits burglary in the first degree if such person or an accomplice violates the law and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony. The experienced criminal defense attorney knows that this offense requires specific intent that the prosecutor must prove.
Burglary in the second degree; A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein. The aggressive criminal defense lawyer will challenge the rquired intent of the person before he can be found guilty of this offense.
Burglary in the third degree; A person commits burglary in the third degree by: Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle. This offense requires that the prosecutor is a specific intent crime and thae prosecutor must prove the intent beyond a reasonable doubt.
Bank robbery; A person commits bank robbery by unlawfully removing money from a bank. Many times the identity of the person who robbed the bank is in question, and the experienced criminal defense lawyer challenges the method of indentification used by law enforcement officers.
Possession of burglary tools; master key; manipulation key; A person commits possession of burglary tools by: Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary and intending to use or permit the use of such an item in the commission of a burglary. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key. This does not apply to a person who either: Uses a master key in the course of the person's lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony. The aggressive and experienced criminal defense attorney knows that many objects are often claimed by law enforcement personnel as burglary tools when many times that tool is a common and ordinary tool found in most tool boxes.
Aggravated criminal damage; A person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner: Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose. Defacing or damaging any building, structure or place used as a school or as an educational facility. Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead. Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals. The aggressive and experienced criminal defense attorney applies the same strategy when challenging any criminal allegations.
Arson of an occupied structure; A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion. The experienced criminal defense lawyer makes the prosecutor prove the identity of anyone suspected of this offense.
Arson of a structure or property; A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. Often a fire or explosion occurs and someone is charged with this criminal conduct requiring an experienced criminal defense attorney to defend his rights.
Theft; A person commits theft if, without lawful authority, the person knowingly: Controls property of another with the intent to deprive the other person of such property; or Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or Controls property of another knowing or having reason to know that the property was stolen; or Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so.
A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult's assets or property through intimidation or deception, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property. In many of the circumstances described by this statute, an aggressive and experienced criminal defense attorney is needed to protect the constitutional rights of the defendant.
Unlawful use of means of transportation; A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either: Knowingly takes unauthorized control over another person's means of transportation. Knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person. This is often a lessor offense of theft of means of transportation. The experienced Arizona criminal defense attorney knows that many prosecutors in the State of Arizona charge the more serious offense of theft of means of transportation because the police and prosecuting agency receive money for arresting and prosecuting the offense from the government.
Shoplifting; A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, the person knowingly obtains such goods of another with the intent to deprive that person of such goods by: Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or Transferring the goods from one container to another; or Concealment. A good criminal defense attorney is needed in shoplifting cases as a repeted offense may result in a felony offense rather than as a misdemeanor. Your experienced criminal defense lawyer will protect your rights.
Issuing a bad check; A person commits issuing a bad check if the person issues or passes a check knowing that the person does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check as well as all other checks outstanding at the time of issuance. Any of the following is a defense to prosecution under this section: The payee or holder knows or has been expressly notified before the drawing of the check or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment on its presentation. The check is postdated and sufficient funds are on deposit with the drawee on such later date for the payment in full of the check. Insufficiency of funds results from an adjustment to the person's account by the credit institution without notice to the person. This offense can be a misdemeanor but it is recommended that the person protect his rights by being represented by an aggressive, experienced criminal defense attorney to help prevent this offense from being charged as a felony due to prior misdemeanor convictions.
Robbery; A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. The experienced criminal defense attorney knows that the specific intent to commit this offense may be at issue.
Aggravated robbery; A person commits aggravated robbery if in the course of committing robbery, such person is aided by one or more accomplices actually present. The criminal defense attorney knows that sometimes a third person is merely a bystander to the offense and not part of it. That is why an aggressive and experienced criminal defense lawyer is necessary to protect the rights of the defendant.
Armed robbery; A person commits armed robbery if, in the course of committing robbery, such person or an accomplice: Is armed with a deadly weapon or a simulated deadly weapon; or Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. This crime canbe charged either as a state or federal violation, and the experienced criminal defense attorney is the best choice for effective representation.
Forgery; A person commits forgery if, with intent to defraud, the person: Falsely makes, completes or alters a written instrument; or Knowingly possesses a forged instrument; or Offers or presents, whether accepted or not, a forged instrument or one that contains false information. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud. The experienced criminal defense lawyer is necessary in order for the prosecutor to prove this specific intent crime.
Criminal possession of a forgery device; A person commits criminal possession of a forgery device if the person either: Makes or possesses with knowledge of its character and with intent to commit fraud any plate, die, or other device, apparatus, equipment, software, access device, article, material, good, property or supply specifically designed or adapted for use in forging written instruments. Makes or possesses any device, apparatus, equipment, software, access device, article, material, good, property or supply adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery. The criminal defense attorney knows that an object as simple as a pen can be alleged as a device under this statute according to law enforcement officers.
Criminal simulation; A person commits criminal simulation if, with intent to defraud, such person makes, alters, or presents or offers, whether accepted or not, any object so that it appears to have an antiquity, rarity, source, authorship or value that it does not in fact possess. A criminal defense attorney challenges the prosecutor to prove the specific intent necessary in this offense.
Criminal impersonation; A person commits criminal impersonation by: Assuming a false identity with the intent to defraud another; or Pretending to be a representative of some person or organization with the intent to defraud; or Pretending to be, or assuming a false identity of, an employee or a representative of some person or organization with the intent to induce another person to provide or allow access to property. This paragraph does not apply to peace officers in the performance of their duties. In Arizona and especially in Maricopa County, the aggressive and experienced criminal defense attorney knows this offense is used to try and establish the nationality of hispanics for deportation purposes.
Taking identity of another person or entity; knowingly accepting identity of another person; A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment.
A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following: Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States. This is another crime that an aggressive and experienced criminal defense lawyer knows that in Arizona, specifically Maricopa County, is used by the government to determine the nationality of hispanics for deportation purposes.
Theft of a credit card or obtaining a credit card by fraudulent means; A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person: Controls a credit card without the cardholder's or issuer's consent through conduct; or Sells, transfers or conveys a credit card with the intent to defraud; or With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt. This is a specific intent crime that the criminal defense attorney can help a defendart charged with this crime.
Forgery of credit card; A person commits forgery of a credit card if the person: With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction. Often a crime of this nature is a sophisticated crime requiring an experienced criminal defense attorney to protect the persons rights.
Fraudulent use of a credit card; A person commits fraudulent use of a credit card if the person: With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued. The is crime needs a criminal defense lawyer to protect the rights of the accused person.
Possession of machinery, plate or other contrivance or incomplete credit card; A person commits possession of machinery, plate or other contrivance or incomplete credit card if such person: Possesses an incomplete credit card with intent to complete it without the express consent of the issuer. Possesses, with intent to defraud and with knowledge of its character, any machinery, plate or any other contrivance designed to reproduce an instrument or device purporting to be the credit card of an issuer who has not consented to the preparation of such credit card. When a person is charge with this crime, an aggresive experience criminal defense attorney is needed to protect that person's rights.
Trafficking in stolen property; A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree. A criminal defense lawyer can often challenge the prosecutor's allegations of the necessary intent to convict.
Participating in or assisting a criminal syndicate; A person commits participating in a criminal syndicate by: Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or Furnishing advice or direction in the conduct, financing or management of a criminal syndicate's affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate. This crime can be a complicated set of facts where an experienced criminal defense lawyer can help the person who is charged with this crime.
Terrorism; It is unlawful for a person to intentionally or knowingly do any of the following: Engage in an act of terrorism. Organize, manage, direct, supervise or finance an act of terrorism. Solicit, incite or induce others to promote or further an act of terrorism. Without lawful authority or when exceeding lawful authority, manufacture, sell, deliver, display, use, make accessible to others, possess or exercise control over a weapon of mass destruction knowing or having reason to know that the device or object involved is a weapon of mass destruction.Make property available to another, by transaction, transportation or otherwise, knowing or having reason to know that the property is intended to facilitate an act of terrorism. Provide advice, assistance or direction in the conduct, financing or management of an act of terrorism knowing or having reason to know that an act of terrorism has occurred or may result by: Harboring or concealing any person or property. Warning any person of impending discovery, apprehension, prosecution or conviction.
This law has a built-in criminal defense. This subdivision does not apply to a warning that is given in connection with an effort to bring another person into compliance with the law. Providing any person with material support or resources or any other means of avoiding discovery, apprehension, prosecution or conviction. Concealing or disguising the nature, location, source, ownership or control of material support or resources. Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism. Suppressing by any act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of any person or that might aid in the prevention of an act of terrorism. Concealing the identity of any person. In today's world where everyone is concerned about their own personal safety, an aggressive criminal defense attorney is necessary when one is charged as a terrorist.
A criminal defense attorney will demonstrate to the prosecutor that there may be an available criminal defense to the charge. This section does not apply to any person who is a member or employee of the armed forces of the United States, a federal or state governmental agency or any political subdivision of a state, a charitable, scientific or educational institution or a private entity if both of the following apply: The person is engaged in lawful activity within the scope of the person's employment and the person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, use, exercise control over or make accessible to others any weapon of mass destruction or to otherwise engage in any activity.
Fraudulent schemes and artifices; Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions. Reliance on the part of any person shall not be a necessary element of the offense. An experienced criminal defense lawyer will help protect the constitutional rights of a person charged with this crime..
Illegal control of an enterprise; A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise. A criminal defense lawyer is necessary in order to protect the rights of the person accused with this crime.
llegally conducting an enterprise; a person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise's affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering. A person violates this section if he hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section. This offense is similar to illegally conducting an enterprise where an aggressive experienced criminal defense attorney may assist the person charged with this crime and protect his constitutional rights.
Racketeering; The attorney general or a county attorney may file an action in superior court on behalf of a person who sustains injury to his person, business or property by racketeering for the recovery of treble damages and the costs of the suit, including reasonable attorney fees, or to prevent, restrain, or remedy racketeering. If the person against whom a racketeering claim has been asserted, including a forfeiture action or lien, prevails on that claim, the person may be awarded costs and reasonable attorney fees incurred in defense of that claim. In actions filed by the state or a county, awards of costs and reasonable attorney fees are to be assessed against and paid from monies acquired pursuant to statute. Often charged with organized crime, the aggressive experienced criminal defense lawyer may be necessary to protect the constitutional rights of the person accused.
Money laundering; A person is guilty of money laundering in the first degree if the person does any of the following: Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of the law in the course of or for the purpose of facilitating terrorism or murder.
A person is guilty of money laundering in the second degree if the person does any of the following: Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed. Intentionally or knowingly evades or attempts to evade any reporting requirement, whether by structuring transactions as described in the Code of Federal Regulations, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either: Fail to file any report or record that is required. File such a report or record that contains a material omission or misstatement of fact. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required unless the business is licensed and complies with the money transmitting business registration requirements under the United States Code.
A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following: In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement or statute. A favorite crime to acquire proceeds from drug dealers, the aggressive experienced criminal defense attorney is a necessity for the person who is accused with violating this statute.
Smuggling;It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose. A violation of this section is a class 2 felony if the human being smuggled is under eighteen years of age and not accompanied by a family member over the age of eighteen. "Family member" means the person's parent, grandparent, sibling or any other person related to the person by consanguinity or affinity to the second degree. "Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state. As an experienced criminal defense attorney knows, in Arizona and especially in Maricopa County, the government prosecutes this offense in the hopes of stemming the influx of illegal immigrants coming into Arizona from Mexico.
Participating in or assisting a criminal street gang; A person commits participating in a criminal street gang by any of the following: Intentionally organizing, managing, directing, supervising or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang. Furnishing advice or direction in the conduct, financing or management of a criminal street gang's affairs with the intent to promote or further the criminal objectives of a criminal street gang. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant's official duty. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang. An experienced criminal defense lawyer knows that the Arizona legislature enacted this law to make it easier to prosecute people believed to be members of street gangs.
Obstructing criminal investigations or prosecutions; A person who knowingly attempts by means of bribery, misrepresentation, intimidation or force or threats of force to obstruct, delay or prevent the communication of information or testimony relating to a violation of any criminal statute to a peace officer, magistrate, prosecutor or grand jury or who knowingly injures another in his person or property on account of the giving by the latter or by any other person of any such information or testimony to a peace officer, magistrate, prosecutor or grand jury. The experienced criminal defense attorney knows that this law was enacted to prosecute organized crime and criminal street gangs or anyone else who obstructs the prosecution of a person.
Escape in the third degree; A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody. An experienced criminal defense lawyer can be helpful to a person accused with escape.
Escape in the second degree; A person commits escape in the second degree by knowingly: Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony. A criminal defense attorney should be contacted immediately if a person is charged with this crime.
Escape in the first degree; A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, juvenile detention facility or an adult correctional facility by: Using or threatening the use of physical force against another person; or Using or threatening to use a deadly weapon or dangerous instrument against another person An experienced criminal defense attorney should be consulted immediately if a person is accused of this offense.
Failure to appear in the second degree; A person commits failure to appear in the second degree if, having been required by law to appear in connection with any misdemeanor or petty offense, such person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance. A criminal defense lawyer can be helpful in quashing arrest warrants based on a violation of this law.
Failure to appear in the first degree; A person commits failure to appear in the first degree if, having been required by law to appear in connection with any felony, such person knowingly fails to appear as required, regardless of the disposition of the charge requiring the appearance. A criminal defense attorney should be consulted when a person is accused of this offense, and may be able to quash any warrnat that arises from this violation.
Resisting arrest; A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by: Using or threatening to use physical force against the peace officer or another; or Using any other means creating a substantial risk of causing physical injury to the peace officer or another. An aggressive and experienced criminal defense lawyer knows that this crime is often charged by the subjective opinion of the law enforcement officer.
Hindering prosecution; a person renders assistance to another person by knowingly: Harboring or concealing the other person; or Warning the other person of impending discovery, apprehension, prosecution or conviction. This does not apply to a warning given in connection with an effort to bring another into compliance with the law; or Providing the other person with money, transportation, a weapon, a disguise or other similar means of avoiding discovery, apprehension, prosecution or conviction; or Preventing or obstructing by means of force, deception or intimidation anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or Suppressing by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery, apprehension, prosecution or conviction of the other person; or Concealing the identity of the other person. A criminal defense attorney should be immediately consulted when a person is accused with this crime.
Bribery of a public servant or party officer; A person commits bribery of a public servant or party officer if with corrupt intent: Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant or party officer may thereby be influenced. It is no defense to a prosecution under this section that a person sought to be influenced was not qualified to act in the desired way because such person had not yet assumed office, lacked jurisdiction or for any other reason. A criminal defense attorney knows that an accusation such as this can be haenful to a person;s reputation.
Perjury; A person commits perjury by making either a false sworn statement in regard to a material issue, believing it to be false. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, but believing it to be false. An aggressive and experienced criminal defense lawyer knows that this is a very serious crime and can result in the deprivation of a person's liberty. Immediate contact with a criminal defense attorney is recommended.
False swearing; A person commits false swearing by making a false sworn statement, believing it to be false. any criminal defense attorney can tell you that this is a serious offense and care must be taken when defending oneself from this charge.
Tampering with a witness; A person commits tampering with a witness if such person knowingly induces a witness in any official proceeding or a person he believes may be called as a witness to unlawfully withhold any testimony, testify falsely or absent himself from any official proceeding to which he has been legally summoned. An experienced criminal defense attorney can advise a person who has been charged with this offense and protect the person's rights.
Tampering with physical evidence; A person commits tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or which such person knows is about to be instituted, such person destroys, mutilates, alters, conceals or removes physical evidence with the intent to impair its verity or availability, knowingly makes, produces or offers any false physical evidence, prevents the production of physical evidence by an act of force, intimidation or deception against any person. Inadmissibility of the evidence in question is not a defense, and an experirnced criminal defense lawyer will assist in protecting the constitutional rights of the person charged.
Interfering with judicial proceedings; A person commits interfering with judicial proceedings if such person knowingly engages in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; disobeys or resists the lawful order, process or other mandate of a court; refuses to be sworn or affirmed as a witness in any court proceeding; publishes a false or grossly inaccurate report of a court proceeding; refuses to serve as a juror unless exempted by law; or fails inexcusably to attend a trial at which he has been chosen to serve as a juror. An experienced criminal defense attorney has the knowledge and skill to help a person accused of this crime to manuever through the criminal justice system.
Riot; A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace. An experienced criminal defense attorney knows that the significant element the prosecutor must prove is that the person had the immediate power to carry out his threat. Without proof beyond a reasonable doubt the results are a not guilty.
Disorderly conduct; A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person engages in fighting, violent or seriously disruptive behavior; makes unreasonable noise; uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or recklessly handles, displays or discharges a deadly weapon or dangerous instrument. An experienced criminal defense lawyer can tell you that most of these crimes are misdemeanors with the exception of the use of a weapon, which results in a class 6 felony. A necessary element of this offense is that it is a specific intent crime and that the person must have the intent to disturb. This disturbance cannot be a by product or secondary to the conduct of the person.
Loitering; A person commits loitering if such person intentionally is present in a public place and in an offensive manner or in a manner likely to disturb the public peace solicits another person to engage in any sexual offense; is present in a transportation facility and after a reasonable request to cease or unless specifically authorized to do so solicits or engages in any business, trade or commercial transactions involving the sale of merchandise or services; is present in a public place to beg, unless specifically authorized by law; is present in a public place, unless specifically authorized by law, to gamble with any cards, dice or other similar gambling devices; or is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission. One has often see an individual standing around in a public place witout any intent to disturb the peace. A knowledgeable criminal defense lawyer is necessary to protect one's rights under the constitution should one be charged with this crime.
False reporting to law enforcement agencies; It is unlawful for a person to knowingly make to a law enforcement agency of either this state or a political subdivision of this state a false, fraudulent or unfounded report or statement or to knowingly misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer. As any experienced criminal defense attorney knows that this law is often used by law enforcement officers to force cooperation by individuals suspected of having information or involvement in crime.
Cruelty to animals; interference with working or service animal; A person commits cruelty to animals if the person intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment; intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control; intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal; recklessly subjects any animal to cruel mistreatment; intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner; recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner; intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result; intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal; intentionally or knowingly subjects any animal to cruel mistreatment; intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner; intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal; recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal, or intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal. If one is charged with this crime, immediately contact a criminal defense attorney.
It is a criminal defense if any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person's livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger"or"warning".
This section does not prohibit or restrict the taking of wildlife or other activities permitted or, activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
Harassment;A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses; continues to follow another person in or about a public place for no legitimate purpose after being asked to desist; repeatedly commits an act or acts that harass another person; surveils or causes another person to surveil a person for no legitimate purpose; on more than one occasion makes a false report to a law enforcement, credit or social service agency; interferes with the delivery of any public or regulated utility to any person.
A person commits harassment against a public officer or employee if the person, with intent to harass, files a nonconsensual lien against any public officer or employee that is not accompanied by an order or a judgment from a court of competent jurisdiction authorizing the filing of the lien or is not issued by a governmental entity or political subdivision or agency pursuant to its statutory authority, a validly licensed utility or water delivery company, a mechanics' lien claimant or an entity created under covenants, conditions, restrictions or declarations affecting real property. This section does not apply to an otherwise lawful demonstration, assembly or picketing.
For the purposes of this section, "harassment" means conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person. Criminal defense attorneys are often called upon to represent a person accused of this crime in the context of domestic violence. Repeated acts resulting in convictions may elevate this crime from a misdemeanor to a felony.
Stalking; A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their safety or the safety of that person's immediate family member. If the conduct would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.
For the purposes of this section: "Course of conduct" means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months. This is an offense that may times results in the context of domestic violence. Immediately contact a criminal defense attorney to protect the rights of the accused.
Misconduct involving weapons; A person commits misconduct involving weapons by knowingly:
- Carrying a deadly weapon without a permit except a pocket knife concealed on his person;
- Carrying a deadly weapon without a permit concealed within immediate control of any person in or on a means of transportation;
- Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person;
- Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor;
- Selling or transferring a deadly weapon to a prohibited possessor; or Defacing a deadly weapon;
- Possessing a defaced deadly weapon knowing the deadly weapon was defaced;
- Using or possessing a deadly weapon during the commission of any felony offense;
- Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise;
- Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon;
- Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon;
- Possessing a deadly weapon on school grounds; or Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person;
- Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony;
- Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism. The best protection from the consequences of conviction is representation by an aggressive and experienced criminal defense lawyer.
The following are recognized in Arizona criminal law as exceptions and are criminal defenses to weapons charges:
- Except to a person in his dwelling, on his business premises or on real property owned or leased by that person.
- Except to: A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or A member of the military forces of the United States or of any state of the United States in the performance of official duties; or A warden, deputy warden or correctional officer of the state department of corrections; or A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.
- Except to: The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if: (a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in the United States Code as a recipient of a charitable contribution; and (b) Reasonable precautions are taken with respect to theft or misuse of such material. The regular and lawful transporting as merchandise; or Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person.
- Except to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law.
- Except to a weapon or weapons carried in a belt holster that is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons that is wholly or partially visible or carried in luggage. Also to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation.
- Except to shooting ranges or shooting events, hunting areas or similar locations or activities.
- Except to a weapon, if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Also to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
- Except to the possession of a: Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked. Firearm for use on the school grounds in a program approved by a school.
If one is accused or charged with a weapons offense and may have any of the above stated defenses to the charge, immediately contact a criminal defense attorney.
Unlawful discharge of firearms; A person who with criminal negligence discharges a firearm within or into the limits of any municipality. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven applies to this offense. The following paragraph explains the defenses to this law. If any of these defenses apply to one who has been accused or charged with this crime, immediately contact a criminal defense lawyer.
This section does not apply if the firearm is discharged: As allowed on a properly supervised range. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service. By special permit of the chief of police of the municipality. As required by an animal control officer in the performance of duties. Using blanks. More than one mile from any occupied structure. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
"Municipality" means any city or town and includes any property that is fully enclosed within the city or town. "Properly supervised range" means a range that is any of the following: (a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school. (b) Approved by any agency of the federal government, this state or a county or city within which the range is located. (c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.
Concealed weapons; The department of public safety shall issue a permit to carry a concealed weapon to a person who is qualified under this section. The person shall carry the permit at all times when the person is in actual possession of the concealed weapon and shall present the permit for inspection to any law enforcement officer on request. A person who fails to carry the permit at all times that the person is in actual possession of a concealed weapon may have the permit suspended. The department of public safety shall be notified of all violations of this section and shall immediately suspend the permit. The permittee shall present the permit to the law enforcement agency or the court. On notification of the presentation of the permit, the department shall restore the permit.
Enticement of persons for purpose of prostitution; A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person.
Procurement by false pretenses of person for purpose of prostitution; A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person.
Procuring or placing persons in house of prostitution; A person who knowingly receives money or other valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution
Receiving earnings of prostitute; A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution.
Causing spouse to become prostitute; A person who knowingly by force, fraud, intimidation or threats, causes his or her spouse to live in a house of prostitution or to lead a life of prostitution.
Taking child for purpose of prostitution; A person who takes away any minor from the minor's father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a felony. If the minor is under fifteen years of age, taking a child for the purpose of prostitution is guilty of a felony.
Keeping or residing in house of prostitution; employment in prostitution; A person who knowingly is an employee at a house of prostitution or prostitution enterprise.
Pandering; A person who knowingly: Places any person in the charge or custody of any other person for purposes of prostitution. Places any person in a house of prostitution with the intent that such person lead a life of prostitution. Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution. Compels, induces or encourages any person to lead a life of prostitution.
Transporting persons for purpose of prostitution or other immoral purpose; A person knowingly transporting by any means of conveyance, through or across this state, any other person for the purposes of prostitution or concubinage, or for any other immoral purposes.
Child prostitution; A person commits child prostitution by knowingly: Causing any minor to engage in prostitution. Using any minor for the purposes of prostitution. Permitting a minor who is under the person's custody or control to engage in prostitution. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution. Engaging in prostitution with a minor.
Prostitution; It is unlawful for a person to knowingly engage in prostitution. "Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.
Possession and sale of peyote; A person who knowingly possesses, sells, transfers or offers to sell or transfer peyote is guilty. In a prosecution for violation, it is a defense that the peyote is being used or is intended for use: In connection with the bona fide practice of a religious belief, and As an integral part of a religious exercise, and In a manner not dangerous to public health, safety or morals.
Possession and sale of a vapor-releasing substance containing a toxic substance; A person shall not knowingly: Breathe, inhale or drink a vapor-releasing substance containing a toxic substance. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation.
Possession, use, production, sale or transportation of marijuana; A person shall not knowingly: Possess or use marijuana. Possess marijuana for sale. Produce marijuana. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; A person shall not knowingly: Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed.
Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; A person shall not knowingly: Possess or use a dangerous drug. Possess a dangerous drug for sale. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Manufacture a dangerous drug. Administer a dangerous drug to another person. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.
Manufacturing methamphetamine under circumstances that cause physical injury to a minor; A person shall not knowingly manufacture methamphetamine under any circumstance that causes physical injury to a minor who is under fifteen years of age.
Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; A person shall not knowingly: Possess or use a narcotic drug. Possess a narcotic drug for sale. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug. Manufacture a narcotic drug. Administer a narcotic drug to another person. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug.
Possession, use, sale or transfer of marijuana, peyote, prescription drugs, dangerous drugs or narcotic drugs or manufacture of dangerous drugs in a drug free school zone; It is unlawful for a person to do any of the following: Intentionally be present in a drug free school zone to sell or transfer marijuana, peyote, prescription-only drugs, dangerous drugs or narcotic drugs. Possess or use marijuana, peyote, dangerous drugs or narcotic drugs in a drug free school zone. Manufacture dangerous drugs in a drug free school zone.
A. "Domestic violence" means any act which is a dangerous crime against children or if any of the following applies: The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. The victim and the defendant have a child in common. The victim or the defendant is pregnant by the other party. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability absent gross negligence. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures are not applicable to arrests made pursuant to this subsection.
C. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence.
The domestic violence law gives an option to the law enforcement officer as to whether he will arrest or not. An experienced criminal defense attorney knows that many an officer will tell you that someone will be arrested if they respond to a domestic violence complaint. This may be at times unecessary and not called for. The criminal defense attorney will protect the constitutional rights of the person arrested.
Contributing to delinquency and dependency; A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, or who for any cause is responsible therefor is guilty of a class 1 misdemeanor. The procedure and prosecution shall be the same as in other criminal cases. When the charge concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when the charge concerns the delinquency of a child or children, the offense for convenience may be termed contributory delinquency. This offense can be charged against an adult who has minors having a party and consuming alcholic beverages usually without the adult knowing about the party. Under these circumstances, a criminal defense lawyer knows what it takes to protect the unknowing adult. Tha prosecutor claims that ownership of the home is the controlling act necessary by law in order to convict. The aggrissive criminal defense attorney knows how to defend against such allegations.
Conducting a chop shop; A person shall not knowingly: Own or operate a chop shop. Transport a motor vehicle or motor vehicle part to or from a chop shop. Sell or transfer to or purchase or receive from a chop shop a motor vehicle or motor vehicle part. Remove, destroy, deface or otherwise alter a vehicle identification number with the intent to misrepresent or prevent the identification of the motor vehicle or motor vehicle part. Buy, sell, transfer or possess a motor vehicle or motor vehicle part knowing that the motor vehicle identification number, which was placed on the motor vehicle or motor vehicle part by the manufacturer, has been removed, destroyed, defaced or otherwise altered. A criminal defense lawyer holds the prosecutor to the test by forcing him to try and prove the case.the specific intent of the person.
This section does not apply to law enforcement authorities and lawful owners acting in good faith, towing companies or scrap processors, licensed automotive recyclers and other businesses acting in good faith and in the normal course of business and in conformance with all applicable laws.
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