For many non-citizens, the most important aspect of a criminal case is how it will affect a visa, green card, or ability to lawfully enter or remain in the United States.  Many non-citizens in Arizona have lived here the majority of their lives, and have built their personal, family, and professional lives here.  It is an unfortunate and devastating reality that even a minor conviction can result in removal, deportation, denial of re-entry, denial of naturalization, and other negative immigration consequences.  The effect a conviction will have depends on many factors, including the severity of the offense, the type of offense, the status of the defendant, and prior criminal history, if any.  For non-citizens facing criminal charges, having an attorney who understands how certain convictions can impact immigration status is essential.  To discuss your criminal case, including how you might avoid negative immigration consequences, contact the Tucson Defenders now for a free consultation 520-585-5757.

Certain convictions can be grounds for deportation, while other convictions may prevent certain types of relief (e.g. DACA recipients can lose their protection with a DUI).  Because each person's status is different, and there are many different kinds of charges in Arizona state and federal courts, analyzing the potential effects of a criminal case on a person's immigration status can be complicated.  Generally speaking, permanent residents (often called "green card holder" or "LPR" short for "lawful permanent resident") will have the greatest protections among non-citizens.  For permanent residents, minor convictions are less likely to result in negative immigration consequences than for individuals on visas, or in the country illegally. 

Some people in the country illegally, who were brought to the United States as children are protected by the Deferred Action for Childhood Arrivals ("DACA") immigration policy.  The proposed DREAM Act would expand DACA, and create a path to citizenship.  Criminal convictions, even minor ones, can result in a person being ineligible for DACA protections.  Visas also exist for victims of certain crimes, and asylum-seekers, students and others.  A person who is in the US illegally, and wishes to remain should consult with an immigration lawyer about their options.  If such person is facing criminal charges, it is also imperative to have a knowledgeable, experienced criminal defense attorney on your side.

For the most part, the more serious a crime, the more likely it is to carry immigration consequences, but there is a lot of nuance to this analysis.  Unfortunately, it is rarely as simple as determining whether a crime is a misdemeanor or felony, or even as simple as offense grading.  The immigration courts apply federal law, and use several different categories of crimes to determine whether a person is deportable, and whether eligible for relief.  The most serious category of crime is aggravated felonies.  Those convicted of an aggravated felony (even permanent residents) will face the greatest risk of removal.  Additional categories include:  crimes of violence/domestic violence, crimes involving moral turpitude, controlled substances, and sex crimes.

America is a nation of immigrants, and many immigrants have made America their home.  In Southern Arizona, there are many non-citizens who have built lives here and have been in the United States longer than they were ever in their country of birth.  If you or a loved one is facing criminal charges, especially if you have immigration concerns, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

The category of sex crimes covers a wide range of conduct that is usually sexually motivated, and may or may not involve sexual contact with another person.  Because the conduct that falls into sex crimes can vary drastically, so can the potential punishment.  All sex crimes are serious, and many sex crimes convictions result in lifetime sex offender registration, prison, and more.  Sex crimes are aggressively prosecuted in both state and federal court, and are treated differently than other cases in many ways.  In addition to having substantial resources dedicated to their investigation, enforcement, and prosecution, sex crimes have unique evidence rules that permit introducing evidence of the defendant's past conduct, as well as shielding the the alleged victim from information about their character coming into evidence.  When facing sex crime charges, it is important to have an attorney who is dedicated, experienced, knowledgeable, and an accomplished trial lawyer.  Contact the Tucson Defenders now for a FREE CONSULTATION with a criminal defense lawyer.  520-585-5757

ARIZONA SEXUAL ASSAULT LAW
In Arizona, it is a Class 2 felony to engage in intercourse or oral sexual contact with another person without their consent.  As a first offense, sexual assault is punishable by up to 14 years in prison.  Sexual assault involving a minor under 15 is subject to sentencing as a dangerous crime against children.  Other aggravating sentencing factors include: prior sexual assault conviction(s), use of "date rape" drugs, intentional infliction of serious physical injury.  Some defenses to sexual assault include consent, false accusations, mistaken identity, lack of corroborating evidence, tainted evidence, no intercourse/oral sexual contact occurred, and more.

ARIZONA SEXUAL ABUSE LAW
Sexual abuse involves engaging in sexual contact (broader conduct than sexual assault) with another person without his or her consent.  If the alleged victim is 15 years old or older, sexual abuse is a Class 5 Felony, and a elevated to a Class 3 felony if the alleged victim is under 15.  Though less severe than sexual assault, sexual abuse also carries serious penalties, with lengthy prison sentences, and possible sex offender registry.  Some defenses include consent (if the alleged victim is 18 or older), false accusations, no sexual contact occurred, mistaken identity, and more.

ARIZONA MOLESTATION OF A CHILD LAW
Sex crimes are punished harshly, especially sex crimes involving children.  Under Arizona law, a person is guilty of child molestation if he or she intentionally or knowingly engages in sexual contact (except with the female breast) with a person under the age of 15.  Child molestation defense can be especially difficult because of the societal condemnation of the allegation.  In other words, the practical application of constitutional rights like the presumption of innocence and right to a trial by jury are not as effective at protecting the falsely accused.  Molestation of a child is a Class 2 Felony in Arizona, and a person convicted of this charge faces 10, 17, 0r 24 years in prison.  False accusations are the most common cause of mistaken charges under this section, and are unfortunately common in the context of divorce proceedings and child custody disputes.  In some cases, children may be coached by a parent or other adult, and in others, a child may be acting out in response to other trauma, or sexual abuse by a different person.

OTHER ARIZONA SEX CRIMES OFFENSES
Some other Arizona sex crimes include: Statutory Rape, Sex Trafficking, Public Sexual Indecency, Unlawful Sexual Conduct, Sexual Conduct with a Minor, Adultery, Bestiality, Continuous Sexual Abuse of a Child, Violent Sexual Assault, Voyeurism, Unlawful Disclosure of Images Depicting Nudity/Sexual Activities, Sexual Extortion, Child Sex Trafficking, Production/Publication/Sale/Possession/Presentation of Obscene Items, Furnishing Harmful Items to Minors, Public Display of Explicit Sexual Materials, Obscene or Indecent Telephone Communications to Minors, Sexual Exploitation of a Minor, Luring a Minor for Sexual Exploitation, Portraying Adult as Minor, Admitting Minors to Public Displays of Sexual Conduct, and more.

FEDERAL AGGRAVATED SEXUAL ABUSE LAW
Certain serious sex offenses are prosecuted in federal court, and carry very long mandatory minimum sentences (see link below).  Engaging in a sexual act with another person by force, by administration of an intoxicant (such as "date rape" drugs), or with a child on Federal lands or federal government property is a very serious crime, punishable by life imprisonment, and can even result in imposition of capital punishment (death penalty).  Even with Arizona's very strict sex crimes and child sex crimes laws, the penalties for federal sex crimes are even more severe.  While most federal offenses have a wide sentencing range, and take into account the defendant's criminal history, aggravated sexual abuse imposes extremely harsh punishments even for first offenders.  There are many defenses to these charges including consent, false accusations, lack of evidence, mistaken identity and more.

FEDERAL HUMAN TRAFFICKING LAWS
Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, induced by force, fraud, or coercion, or of a person under 18 years of age.  Federal sex trafficking is punishable by 15 years to life in prison.  Any person who obstructs or interferes with the enforcement of this law is also subject to up to 25 years in prison.  In cases involving minors, the government is not required to prove that the defendant actually knew of the alleged victim's age.  Sex trafficking has become a major enforcement priority for federal agencies, and involve sophisticated investigations, including the use of wiretaps, confidential informants, undercover agents, and more.

SEXUAL CRIMES THAT CROSS STATE LINES (FEDERAL)
When a sex crime involves more than one state, the federal government is more likely to bring charges.  This can involve everything from sending or transporting child pornography across state lines, to bringing a person (including a minor) across state lines for sexual assault, sexual abuse, or sex trafficking.  Although Arizona has some of the nation's toughest laws for sex offenses, federal charges are almost always punished even more severely.  For federal sex crimes charges in Arizona or California, contact the Tucson Defenders to discuss your case, possible defenses, and to see how we can help protect your rights and liberty.

OTHER FEDERAL SEX CRIMES
Additional Federal sex crimes include:  Federal Child Sexual Assault and Rape, Exploitation of a Child in a Sexual Manner, Sexual Abuse of a Minor or Ward, Purchase or Sale of a Child for Sexual Purposes, Possession or Distribution of Child Pornography, Sexual Abuse Causing Death, Sexual Crimes Occurring on Federal Land, and more.

If you or a loved one is facing state or federal sex crimes, child sex crimes, or child pornography charges in Tucson or anywhere in Arizona, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney   520-585-5757

RELATED ARTICLES:
Federal Criminal Defense Lawyer - Tucson
Tucson Prostitution/Solicitation Lawyer
Tucson Child Sex Crimes Lawyer
Arizona Assault Crimes Attorney - Tucson

The Fourth Amendment to the US Constitution protects us from unreasonable searches and seizures by the government.  One of the primary mechanisms of ensuring this right is the warrant requirement.  Searches and arrests made without a warrant are presumed invalid.  This means that in order to justify a search or arrest, the burden is on the government to show that the intrusion into a person's liberty and privacy was permissible by law, i.e. that if the officers did not have a warrant, they must show that their action falls within one of the (many) exceptions to the warrant requirement. 

But first, what exactly is a warrant?  A warrant is a court order, signed by a judge, authorizing the police to make an arrest or search a designated place (can be a car, home, business, garage, bank account, electronic record, or even a person's blood or DNA).  When a law enforcement officer seeks a warrant from a judge, they must swear under oath to certain facts that they believe gives them probable cause to search or arrest.  The judge will then review the evidence, as well as the officer's request, and either sign the warrant (authorizing the requested search or arrest), or denying it.  Sometimes, a judge will limit the scope of a warrant, or require the officer to first find more evidence first.  For example, if a suspect has been accused of using a large rifle in a crime, a judge may permit a search into that suspect's vehicle, but not grant a warrant allowing the officers to search purses and backpacks inside the vehicle, because those containers will not fit the contraband sought. 

ARREST WARRANTS
Most arrests are made without a warrant.  This is because there are many exceptions to the warrant requirement for an arrest.  Still, arresting a person in their home in a non-emergency situation will require an arrest warrant.  For a felony or domestic violence offense, officers may make an arrest if the information available to them gives them probable cause that the suspect has committed the offense.  For most misdemeanors, the police officer can only make an arrest if they see the crime take place, as part of a lawful citizen's arrest, or with a warrant.  Domestic violence cases in Arizona are handled differently, as Arizona law specifically authorizes officers to make domestic violence arrests in misdemeanor cases without witnessing the crime themselves (as the nature of domestic violence crimes is often inherently private).  An arrest warrant must be issued by a neutral judge or magistrate, who must determine based on sworn statements that there is probable cause to arrest.  The warrant must specifically state the person to be arrested, and the affidavit must not contain any known or reckless falsehoods.

SEARCH WARRANTS
In the same way that arrest warrants require police to get the approval of a judge to make an arrest, search warrants are required as a general rule.  Also like arrest warrants, this rule comes with exceptions.  To search a home, police officers will need to show a neutral judge or magistrate the evidence they believe justifies the search they wish to conduct, and swear under oath.  The judge will then review the evidence submitted and determine whether probable cause exists to grant the warrant.  A search warrant must specifically state the place or places to be searched, and the items to be searched for.  If police find other contraband while executing a lawfully granted search warrant, that evidence can be used in court against the possessor.  Judges can also restrict how and when a search warrant may be executed, specifically whether searches may be conducted at night, and whether the police must knock and announce prior to their entry onto the premises to be searched.  Recognized exceptions to the search warrant requirement include:  Consent, Automobile Searches (Requires Probable Cause), Exigent Circumstances, Hot Pursuit of a Known Felon, Imminent Destruction of Evidence, Plain View, and Search Incident to a Lawful Arrest.

CHALLENGING A WARRANT-LESS SEARCH OR SEIZURE
Challenging a warrant-less search or seizure is done by a motion to suppress evidence.  If the police search or arrest someone without consent, probable cause, or without fitting into a recognized exception to the warrant requirement, it may be possible to suppress the evidence found as a result of that search or seizure.  Motions to suppress evidence can be filed to challenge a bad traffic stop, unjustified stop and frisk, search unsupported by consent or probable cause, search incident to an unlawful arrest, and more.  If granted, a motion to suppress evidence will deny the government the ability to use some or all of the evidence they have against a defendant, often resulting in dismissal of the charges.  A motion to suppress evidence can be filed in Arizona state court or in Federal Court.  Because a warrant-less search is presumed invalid, the government must show that the action was lawful in order to oppose the motion.  This can be a very powerful tool for defendants, especially in drug trafficking cases, and requires a criminal defense attorney who is experienced and well-versed in constitutional law and motions.

CHALLENGING A WARRANT
When a warrant has been issued, a constitutional challenge may be more difficult, but is still possible.  First, both a search warrant and an arrest warrant require that the police officer's affidavit does not contain any known or reckless falsehoods.  Police will sometimes lie and use known false or unreliable information to obtain a warrant.  In these cases, there may be proof from other reports or testimony that the officer knew information in the sworn affidavit was false, misleading, or unreliable.  A warrant may also be challenged for vagueness, or for how it is executed.  A search warrant, for example, that authorizes only the search of a person's home, may not justify officers searching a mobile home in the driveway.  The most difficult warrant challenges to win are challenges to whether the warrant should have been granted by the judge based on the information presented by the police officer, but these kinds of challenges are not uncommon.

BENCH WARRANTS
One of the most common kinds of warrants is a Bench Warrant.  This is a warrant issued by a judge for a defendant's failure to appear in court.  When a judge issues a bench warrant, the defendant must then re-appear ("walk in") in the bench warrant to have it recalled, or can post bail.  Having a bench warrant for missing court is common, but not taken lightly by judges.  Only being hospitalized, incarcerated elsewhere, or on active military deployment will justify a failure to appear, but other reasonable excuses might persuade a judge to give you another chance.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

IF YOU OR A LOVED ONE HAS BEEN UNLAWFULLY SEARCHED, ARRESTED, CHARGED WITH A CRIME, OR MAY HAVE A WARRANT IN TUCSON, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY  520-585-5757

Getting a fake ID is very common among young people across the United States, and certainly in Tucson, Arizona as well.  In Arizona, as in the rest of the United States, it is prohibited for people under the age of 21 to possess or consume alcohol (more on that here).  Underage drinking laws are enforced, but have likely done very little to stop underage drinking.  People under the age of 21 drink alcohol; the overwhelming majority of them do.  There is even an argument that this unrealistic drinking age actually encourages unsafe drinking habits, such as heavy binge drinking, before going out. 

The home of a major university and affordable urban living for young people, Tucson has many fake ID cases each year.   Young people in Tucson are carded when trying to buy alcohol, whether at a bar, restaurant, liquor store, or supermarket.  Further, it is against the law for adults to buy alcohol for minors, and for minors to be in many bars and clubs.  The confluence of these factors creates a major market for documentation that falsely permits a person to buy alcohol and go out. 

Despite the widespread use of fake IDs, using false identification for any purpose is against the law.  Possessing a fake ID can give rise to several different criminal charges.  The best case scenario when a store clerk, bouncer, or bartender discovers your fake ID is that they simply turn you away, or confiscate the ID.  Other times, the police will be called, or might even already be there conducting fake ID enforcement.  In Arizona, it is a Class 1 Misdemeanor to use a fake ID to attempt to purchase alcohol, or gain entrance to a place where alcohol is sold.  Technically, these crimes are punishable by up to 180 days in jail, three years of probation, and fines costing in the thousands.  Though a jail sentence would be extremely unlikely, especially for a first time offender, the consequences of a criminal conviction can still be serious.

In addition to any penalty imposed by the court, the Arizona Department of Transportation will suspend your driving privilege for six months upon a conviction for a fake ID.  For many young people, the more severe consequences will come up when applying for school, jobs, scholarships, internships, state licenses, and more.  IF YOU OR A CHILD IS FACING MISDEMEANOR CHARGES RELATING TO UNDERAGE DRINKING, OR HAVING A FAKE ID, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER 520-585-5757

Many people charged with misdemeanors, particularly those involving underage drinking, will be eligible for diversion.  By participating in a diversion program, you can keep your record clean by staying out of trouble for a specified period of time, and completing some affirmative obligations like alcohol education classes, and possibly even community service.  If you are not eligible for diversion, there may still be defenses and strategies that can help you avoid a conviction, especially if the ID in question was found during a police search; contraband found as the result of an unlawful police search can be excluded by moving to suppress evidence.  Talk to your lawyer about how to present your best defense, and cooperate by gathering transcripts, character letters, and other documented evidence of achievement that can help gain favor with the court or prosecution.

Although the most common type of fake ID case involves fake IDs possessed by young people seeking to go to bars or buy alcohol, there are other types of fake ID cases that can be much more serious.  Possessing a fake ID to conceal citizenship status, making/manufacturing fake IDs, using a fake ID for fraud (e.g. to cash a check), etc. can be serious crimes, and result in felony charges.  With more serious charges, jail and prison time are presumed in Arizona, and it can be much more important to have a great defense.  You need a criminal defense attorney who is experienced, knowledgeable, trustworthy, and cares about getting you the best possible result. 

Fake ID charges often come in conjunction with Minor in Possession/Minor in Consumption charges.  More serious Fake ID-related charges can be charged as Forgery/Counterfeiting.

In Arizona, like the rest of the United States, it is generally against the law for anyone under the age of 21 to possess or drink alcoholic beverages.  In Tucson, Minor in Possession ("MIP") citations are very common, especially with college and high school students.  University of Arizona Police Department, Tucson Police Department, Pima County Sheriff's Department, Marana Police Department, and other local law enforcement agencies write many MIP citations every year.  If you have been arrested or cited as being a minor in possession, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757

WHAT CONSTITUTES POSSESSION?
Many people find it surprising just how broadly the word "possession" is interpreted in court.  Actual possession, where a person knowingly has direct physical control over a beverage is the most straightforward, but Arizona law also recognizes other types of possession.  Constructive possession, on the other hand, is much broader, and can cover alcohol that is in a house, bar, car, dorm room, etc., and can even be possessed by another person!  Constructive possession may be more difficult for the prosecution to prove, and therefore might be more likely to result in a dismissal of MIP charges.  Whether you actually or constructively had possession of alcohol can be central to your defense; if you think that there might be an argument that you did not possess alcohol under the legal definition, discuss this with your defense attorney.

MINOR IN CONSUMPTION
Similar to minor in possession charges, Arizona law prohibits consumption of alcoholic beverages by people under 21.  Under Arizona Law, Minor in Consumption ("MIC") is a Class Two Misdemeanor, so slightly less serious that MIP, in that the maximum jail sentence is 120 days.  Like with MIP, jail sentences are very unlikely, and the most serious part of an MIC conviction is the conviction itself, and having a misdemeanor conviction on your record.  Intoxication is not required to be convicted of MIC; in fact, just a single sip of alcohol can be enough to break the law.

PENALTIES FOR MIP/MIC
Being a minor in possession of alcohol is not the crime of the century.  While the maximum penalties for being a minor in possession of alcohol under Arizona law appear harsh, a jail sentence is very unlikely, especially for a first time offender.  Still, MIP is designated as a Class One Misdemeanor pursuant to Arizona Revised Statutes 4-246(B).  The maximum penalties for a Class One Misdemeanor are 180 days in jail (extremely unlikely), up to 3 years of probation, and thousands of dollars in fines and court costs.  Probation, fines, alcohol classes, and community service are more common in an MIP sentence.  The most damaging part of an MIP conviction is the conviction itself, as those convicted of a misdemeanor in Arizona cannot truly "expunge" their convictions as in some other jurisdictions.  Discuss your specific facts and any prior dealings with the law with your defense lawyer for a better idea of what kinds of penalties you might face with an MIP conviction.

OTHER CONSEQUENCES
A criminal conviction can carry consequences beyond jail, fines, and probation.  For students, having to explain any criminal conviction to your school, to prospective employers, and on applications for college, graduate, or professional school can be problematic.  An MIP conviction can impact scholarships/financial aid, employment, extra-curricular activities, campus housing, and more.  For non-citizens, alcohol related convictions can result in negative immigration consequences, even with minor offenses.  For professions requiring a professional license, alcohol-related convictions can raise issues (e.g. nursing student may encounter delays in licensing upon graduation).  Additionally, the court may suspend the driving privilege of a minor (under 18) for up to 6 months.  Because every case is different, be sure to discuss your concerns about collateral consequences with your defense lawyer. 

DIVERSION
Many first time offenders will be eligible to complete a diversion program, and avoid a criminal conviction by participating in some alcohol education and a probationary period.  If permitted to enter into a diversion program, participants will earn a dismissal of their criminal charge in exchange for staying out of any new trouble for a specified period of time, completing alcohol education classes, and possibly having to do some community service.  Our firm helps eligible clients who are interested in diversion get into a diversion program, complete the program, and gain the benefits of participating in diversion (namely dismissal).  For clients who fail to successfully complete the terms of diversion, we can help to try to get another chance at diversion, or look to other ways to still get a good outcome.

JUVENILE CASES
For minors under 18, cases are handled by the juvenile justice system, and instead of being heard in adult court, are heard at the Pima County Juvenile Court Center. 

DEFENSES TO MINOR IN POSSESSION/CONSUMPTION CHARGES
Unlawful search/seizure, fitting within the statutory exceptions (medical or religious use), lack of evidence (e.g. smell alone is not enough), alcohol possessed solely by another, mere presence, lack of knowledge of possession (lack of criminal intent), corpus delicti.  There are many defenses that might apply to any criminal offense, and only a detailed review of your case by an experienced attorney can truly determine your best defenses.  If you think you might have a defense, be sure to discuss this with your defense lawyer.  Parental consent is not a defense.

It is fairly common for MIP/MIC charges to be in conjunction with fake ID charges.

IF YOU OR YOUR CHILD HAVE BEEN ARRESTED OR CITED FOR BEING A MINOR IN POSSESSION OF ALCOHOL, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY   520-585-5757

Robbery is the taking of the personal property of another, from their personal presence, by force or threat of force.  It is this force/threat element that makes robbery more serious than other theft crimes.  When that force involves a weapon, an injury, or other aggravating factor, the crime is treated even more seriously by the police, prosecution, and courts.

Certain types of robbery, in particular bank robbery and armored truck robbery are likely to result in Federal robbery charges.  Arizona law also harshly punishes robbery, aggravated robbery, and armed robbery.  If you or a loved one is facing robbery charges in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney   520-585-5757

Robbery is a commonly misused word, often used interchangeably with burglary and to describe other thefts, done without force or threat of force.  For example, a person who says "my house was robbed while I was away" is most likely talking about a burglary, not a robbery.  While Robbery is a taking by means of force or threat (related to Assault Crimes), burglary is the unlawful entry onto property with the requisite criminal intent.  Both are very serious crimes, but robbery is the most likely to involve and incite violence, and cause injuries, and is therefore punished very harshly in both state and federal court.  The most important thing to keep in mind about robbery, is that there must be force or threat of force to convict for this charge.

FEDERAL ROBBERY CHARGES (More on Federal Criminal Defense)
Federal law robbery charges most often involve banks and armored trucks, but can also be brought for robberies committed in other institutions.  Bank robberies are much more common than most people imagine, with roughly 4200 bank robberies occurring per year in the United States; that's more than 10 per day across the country.  For every bank robbery, there are approximately 50 other robberies, meaning that bank robberies are relatively uncommon.  When bank robberies do occur, there is a strong likelihood of dangerous shoot outs, and high-speed chases.  Robbery is harshly punished, carrying a base offense level of 20 under the Federal Sentencing Guidelines.  Robberies involving theft from financial institutions, threats of death, use of a weapon, and other factors can further aggravate the punishment imposed in robbery cases.  For all federal crimes, the defendant's criminal history will also play a major role in determining sentencing guidelines.  IF YOU OR A LOVED ONE IS FACING FEDERAL ROBBERY CHARGES IN ARIZONA, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 

ARIZONA ROBBERY CHARGES
Under Arizona law, a robbery is committed where, in the course of taking the personal property of another from their personal presence, by the use or threat of force intended to induce surrender of property, or prevent resistance to the taking.  The force or threat can be at any time during the commission of the robbery, including while trying to get away.  Robbery is a Class 4 felony, punishable by up to 3.75 years in prison for a first offense without a weapon or other aggravating factors.

AGGRAVATED ROBBERY CHARGES
Arizona law defines aggravated robbery as robbery committed with the aid of one or more accomplices.  The accomplice(s) must actually be present at the scene of the robbery to constitute aggravated robbery.  Aggravated robbery is a Class 3 felony, punishable by up to 8.75 years in prison for a first offense not involving a weapon.

ARMED ROBBERY CHARGES
Robberies committed while armed with a deadly weapon, or simulated deadly weapon is armed robbery, and is the most serious of Arizona robbery charges.  Armed robbery charges can be filed if any accomplice was armed, or threatened the use of a deadly weapon or simulated deadly weapon.  Armed robbery is a Class 3 felony, punishable by up to 21 years in prison for a first offense.  Penalties can be substantially enhanced for those with prior robbery or dangerous felony convictions.

COMMON ROBBERY DEFENSES
Common defenses in robbery cases include:  mistaken identity, false accusations, alibi, lack of force, lack of intent, not the property of another (taking back own property), mistake of fact, insanity, duress, and lack of evidence.  Evaluating and asserting defenses is case-specific, and requires extensive experience and knowledge in high stakes cases.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR IS UNDER INVESTIGATION FOR A ROBBERY CRIME IN ARIZONA, CONTACT THE TUCSON DEFENDERS NOW A FREE CONSULTATION   520-585-5757

RELATED ARTICLES:  Tucson Theft Crimes Lawyer, Tucson Assault Crimes Attorney, Tucson Burglary Lawyer, Tucson Federal Criminal Defense Attorney, Tucson Shoplifting Lawyer

Fraud is wrongful deceit of another for financial or personal gain, and covers a broad range of criminal conduct, including: tax fraud, insurance fraud, credit card fraud, wire fraud, mail fraud, unemployment fraud, welfare fraud, business fraud, internet fraud, bank fraud, election fraud and more.  Because of the nature of the crime, fraud often goes undetected, and under reported, but law enforcement agencies have made dealing with fraud a priority, and have better resources at their disposal to uncover and prove fraud.  Similarly, available technology and an ever changing world create new fraud opportunities, as sophisticated fraud schemes can stay under the radar of law enforcement.  In today's electronic world, a lot of fraud is international and interstate, resulting in federal investigations and charges (more on Federal Crimes).

FEDERAL FRAUD CRIMES DEFENSE LAWYERA fraud crimes may be prosecuted at either the state or federal level, depending on a number of factors, including, the type of fraud scheme, the amount of money stolen, which laws were violated, which agency investigated the crime, use of public services (e.g. US Mail), and the location of the crime.  Federal fraud crimes often involve the use of mail, wire transfers, and other remote communications and currency transfers.  This is because of the federal government's power to regulate interstate commerce gives it clear authority and incentive to step in and prosecute these types of fraud.  Some of the most common fraud charges in federal court include mail fraud, wire fraud, tax fraud, Medicare/Medicaid fraud, and securities fraud. 

The vast majority of federal fraud crimes are charged as felonies, and can carry harsh penalties.  Federal sentencing takes into account the seriousness of the offense, as well as the defendant's prior criminal history.  Although fraud crimes are nonviolent, they are not victimless crimes, and tend to be punished rather harshly in federal court.  Penalties can include lengthy prison sentences, high fines, and restitution.  It is also possible to avoid prison with a probationary sentence; such a sentence will likely involve paying restitution first and foremost, and come with other restrictions aimed at protecting the public from future fraud.

If you or a loved one is facing federal fraud charges, understand that this is a very serious matter.  Having an experienced attorney on your side can go a long way towards achieving a better outcome.  You need a lawyer who knows how to investigate your case, prepare for trial, file and argue the proper motions, and negotiate a favorable disposition with federal prosecutors and agents.

ARIZONA STATE FRAUD CRIMES DEFENSE ATTORNEY
While federal fraud charges are generally the most serious, Arizona has some of the harshest state-level criminal penalties in the country, and fraud crimes are no exception, with several chapters of the Criminal Code devoted to fraud-type offenses.  Some examples of Arizona fraud crimes include forgery, criminal possession of a forgery device, criminal simulation, obtaining a signature by deception, criminal impersonation, unlawful use of slugs, identity theft, aggravated identity theft, credit card theft, credit card forgery, fraudulent use of a credit card, possession or use of scanning device/reencoder, deceptive business practices, false advertising, defrauding creditors, usury, bribery, fraudulent schemes and artifices, fraudulent schemes and practices, willful concealment, computer tampering, unlawful possession of an access devise, money laundering, mortgage fraud, and more.

Defending fraud crimes starts with painting a complete picture.  In many cases, a disgruntled customer or business associate will report alleged fraud, painting the situation in a one-sided manner.  Police, who are primarily interested in building a case, do not seek out the potentially exculpatory information that goes against their version of the events.  For this reason, thorough investigation is a primary step, and includes extensive document and digital review, interviews with witnesses, and close cooperation between attorney and client.  A strong understanding of the law, business, the rules of evidence, and our constitutional protections are all vital to a strong defense in fraud cases.  A skilled trial lawyer can paint the full picture for a jury should the case end up going to trial, as well as negotiate a favorable outcome with the prosecution. 

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A FRAUD CRIME, OR IS UNDER INVESTIGATION BY A LOCAL OR FEDERAL AGENCY, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY   520-585-5757

RELATED ARTICLES:  Theft Crimes Lawyer, Federal Criminal Defense Attorney, Tucson Embezzlement Defense, Forgery/Counterfeiting, Money Laundering Defense Attorney

Crimes involving violence and assault are treated very seriously by police, prosecutors and courts.  As such, it is important to have an attorney on your side who knows how to defend criminal charges, and has experience handling serious and violent felony cases.  If you or a loved one has been arrested or charged with an assault crime, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  Click HERE for our article dealing specifically with Domestic Violence.

WHAT IS ASSAULT?
An assault can be committed by:
Intentionally, knowingly, or recklessly causing any physical injury to another,
Intentionally placing another person in reasonable apprehension of imminent physical injury, OR
Knowingly touching another person with intent to injure, insult or provoke.
It is important to note that a person can be convicted of assault even without ever making any physical contact, without intending to cause and harm, and without actually causing any injury.  Simple assault is a misdemeanor.

AGGRAVATED ASSAULT
Aggravated assault is a more serious crime, where the elements of assault are met, and accompanied by any of the following aggravating factors: Causing serious physical injury to another person, using a deadly weapon or dangerous instrument (more HERE on weapons offenses), using force that causes temporary disfigurement, assaulting a restrained victim, assault is committed after entering a private home with intent to commit the assault, the victim is a minor, there was already a protective order, the victim is a police officer/teacher/firefighter/healthcare practitioner/etc., using a simulated deadly weapon, or if the defendant has served a prior prison sentence.  Aggravated assault will be a felony, with the degree of felony depending on the specific aggravating factors giving rise to the aggravated charges.

THREATENING OR INTIMIDATING
It is against the law to threaten, by words or by conduct, to cause physical injury to another person or serious damage to another's property, to cause a serious public inconvenience (e.g. bomb threat), or to injure another person in order to promote, further or assist a gang or other organized crime enterprise.  Threatening will be charged as a felony for gang members, or if the threats are made as retaliation for the alleged victim coming forward to report a crime.  What does and does not qualify as a threat is not always an easy line to draw, especially in regards to allegedly threatening conduct.

SEXUAL ASSAULT
Under Arizona Law, sexual assault is intentionally or knowingly engaging in intercourse or oral sexual contact with any person without their consent.  Sexual assault is a class 2 felony, and sentences are not eligible for suspension of sentence or probation.  Sexual assault is punishable by up to 14 years in prison, with even more time added for repeat offenders, sexual assault on a minor victim, or sexual assault involving drugging.  Arizona has a more modern sexual assault statute that does not require proof of the use of force, intimidation, or resistance in order to convict. 

ENDANGERMENT
The crime of endangerment covers reckless behavior that puts another person in substantial risk of imminent death or injury.  Some reckless acts can include unsafe driving, failure to adequately care for the safety of children, and anything else that satisfies the elements of the crime.  Endangerment can be a Class 6 felony, if the reckless behavior created a substantial risk of death. 

OTHER ASSAULT-RELATED CRIMES
Unlawful Mutilation, Drive-By Shootings, Unlawfully Administering Intoxicating Liquors or Drugs, Dangerous or Deadly Assault by Prisoner or Juvenile, Prisoners who commit assault with intent to incite riot, Assault by Vicious Animals, Drive-By Shooting, Assault on Hospital/Public Safety Employees, Discharging a Firearm at a Structure, Prisoner Assault with Bodily Fluids, and Aiming a Laser Pointer at a Peace Officer or Occupied Aircraft.

Click HERE for more information about HOMICIDE
Click HERE for more information about ROBBERY
Click HERE for more information about ATTEMPTED MURDER
Click HERE for more information about MURDER
Click HERE For more information about MANSLAUGHTER

COMMON DEFENSES TO ASSAULT CRIMES
Self-Defense - where force was reasonably necessary to defend against an imminent threat, the defendant can claim self-defense, and should avoid a conviction.
Defense of Others/Property - Defending another person or property is also a valid defense to assault crimes, so long as the assault was reasonably necessary to defend against imminent harm to another person or property.
Mistaken Identity - Victims and witnesses of crimes sometimes overestimate their ability to identify a person who committed a crime.  Mistaken identity is one of the leading causes of overturned convictions.  Unfortunately, rather than recognize this flaw with their investigations, police lean into the problem, encouraging witnesses to make identifications, even when they are not certain.
False Accusations - Sometimes complaining witnesses lie as a way to get revenge or otherwise harm a person by making up false claims of criminal activity.  This is especially common in domestic violence cases.

IF YOU OR A LOVED ONE HAS BEEN CHARGED WITH A CRIME INVOLVING ASSAULT, SEXUAL ASSAULT,  DOMESTIC VIOLENCE, OR A GANG INTIMIDATION CRIME, IT IS IMPERATIVE TO HAVE AN EXPERIENCED LAWYER, WHO KNOWS HOW TO HANDLE HIGH-STAKES VIOLENT CRIME AND GANG CASES.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER   520-585-5757

Arizona's weapon laws are a bit of an exception to the state's reputation for having strict criminal laws with harsh penalties.  Like with drug crimes, many weapon offenses are handled in Federal Court, meaning that Federal, rather than Arizona law applies.  Also, while many cities and counties throughout the country enact stricter gun restrictions that are applied statewide, Arizona law preempts local municipalities (like Tucson) from doing so in most circumstances.  Native American reservations may enact stricter gun laws than Arizona's laws, and it would be wise to be familiar with tribal gun restrictions before traveling onto a reservation with a gun.  Arizona's weapon laws are laid out in Arizona Revised Statutes, Title 13 (Criminal Code), Chapter 31.  For more specific questions about a weapons case, or for case quotes, contact the Tucson Defenders for a FREE CONSULTATION   520-585-5757

ARIZONA GUN OWNERSHIP AND CARRYING LAWS
Arizona does not require a permit for the purchase of a gun, for concealed carry, or for open carry.  Further, Arizona law does not have a ban on "assault" weapons, does not limit magazine capacity, nor require background checks for private sales.  Unless otherwise prohibited, adults over 18 years old may lawfully own and "open carry" a firearm.  Concealed carry is permitted for adults age 21 and over, not otherwise prohibited.

WHO CANNOT OWN A GUN IN ARIZONA?
Minors, those deemed to be a danger to themselves or others, convicted felons, adjudicated delinquents for felony, those on probation for any felony or domestic violence, undocumented aliens, persons found guilty except insane are all prohibited from owning firearms and may be charged with prohibited possession.  There are processes for restoration of rights, and not all disqualifications discussed above are absolute.

WHAT CONDUCT WITH GUNS IS PROHIBITED UNDER ARIZONA LAW?
Aside from possession by prohibited persons, lawfully possessed guns can lead to criminal charges if discharges, or possessed in a prohibited area.  There are exceptions where discharge of a firearm is lawful, including at a range, hunting, and in valid self-defense.  For self-defense to be lawful, a reasonable person would have to believe that deadly force was necessary to stop the attack.  Prohibited areas include power plants, polling places, airports, jails, schools, and bars.  Further, carrying a deadly weapon in furtherance of a crime will result in additional charges.  Trafficking weapons, especially to a minor or other prohibited possessor, can result in serious charges, and may also result in serious federal charges (see more below). 

OTHER WEAPONS
Most, but not all, criminal cases involving weapons involve the possession or use of a firearm.  Arizona law is strict when it comes to explosives, and very lenient with respect to knives.  Explosives, silencers, Molotov cocktails, and chemical weapons are illegal in Arizona.  Sawed-off shotguns, and guns that shoot more than one round automatically are also prohibited.  Switchblades, butterfly knives, and blades of any length are legal in Arizona.  Adults 18 and older may open carry any blade, but must be 21 and older for concealed carry.

FEDERAL GUN-RELATED CHARGES (MORE ABOUT FEDERAL CRIMINAL DEFENSE)
One of the most commonly charged federal crimes is felon in possession of a firearm.  Because federal law has harsh sentencing guidelines for repeat offenders, felons in possession of a firearm can face lengthy prison sentences if charged in federal court.  Additionally, the Bureau of Alcohol, Tobacco, and Firearms ("ATF") conducts its own enforcement of federal firearm laws aimed at reducing access of firearms for prohibited persons, and those in other states with stricter gun control laws (e.g. California).

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

If you or a loved one is facing a weapon-related charge in Tucson, from being a felon in possession of a firearm, to possession of a firearm on school or university grounds, to discharge of a firearm, it is important to have a great defense to assert your constitutional rights and protect your liberty.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757

TUCSON CRIMINAL DEFENSE LAWYER

THIS ARTICLE HAS BEEN UPDATED ON NOVEMBER 9, 2020 TO REFLECT LEGAL CHANGES IN STATE LAW AS ARIZONA VOTERS OVERWHELMINGLY PASSED PROPOSITION 207 TO LEGALIZE ADULT RECREATIONAL MARIJUANA USE, POSSESSION OF UP TO AN OUNCE OF MARIJUANA (NOT MORE THAN 5 GRAMS OF CONCENTRATE), WILL EXPUNGE CERTAIN MARIJUANA CONVICTIONS, PERMIT ADULTS TO GROW THEIR OWN MARIJUANA, AND OPEN RECREATIONAL MARIJUANA DISPENSARIES.  PUBLIC MARIJUANA USE WILL BE PUNISHABLE AS A PETTY OFFENSE ONLY.

Marijuana laws are rapidly changing across the country, putting marijuana into a legal purgatory, straddling the line between legitimate business and black market.  At the time of this writing, marijuana is illegal both under Arizona law, and under federal law.  Arizona has permitted medical marijuana to be cultivated, distributed, and possessed, by qualified patients and dispensaries. 

GROWING YOUR OWN MEDICAL MARIJUANA
Patients may only grow their own marijuana if the nearest dispensary to their home is more than 25 miles away.  For most in Tucson, this is not the case, as Tuscon has numerous dispensaries, located across all sides of town.  A license is required, and can be obtained from the Arizona Department of Health Services (click here for the application).  Cultivation must be done in a locked, place, away from public view, and accessible only to a cardholder or caregiver.  Those permitted to grow marijuana for their own use are limited to growing 12 plants, and may not sell marijuana unless licensed as a dispensary.  Since the passage of Prop 207, adults may grow up to 6 plants.  A household with two or more people 21+ may grow up to 12 plants.  This will still be a technical violation of federal law, but federal authorities are very unlikely to enforce marijuana cultivation laws for small grows.

Growing more than 12 plants, selling marijuana, or even sharing marijuana for free with someone who is not a medical marijuana cardholder will result in felony charges under Arizona law (see below).  Arizona's medical marijuana laws are an exception to Arizona's harsh drug laws, and falling outside of the exception in any way can result in very serious consequences.  Legalization is also limited, and breaking the bounds of the permitted possession, use, and growing will still result in criminal charges.

LICENSED COMMERCIAL GROW OPERATIONS
The Arizona Department of Health Services issues dispensary licenses to qualified applicants.  Dispensaries can then register an additional location as a "cultivation site" by submitting an additional application (and fee).  There are numerous requirements, as applicants must have been residents for at least three years, must employ a licensed doctor, and must follow strict rules for registration and approval to operate.  Read more about the requirements to set up a licensed medical marijuana grow operation in Arizona. 

Despite legalizing medical marijuana, Arizona still has very strict laws banning cultivation of marijuana.  Grow operations that fail to properly obtain all necessary licensing and approval will likely result in serious charges.  Additionally, federal law does not permit cannabis grow operations, regardless of state medical marijuana laws.

ARIZONA LAW BANNING CULTIVATION
Unlicensed cannabis grow operations, and even licensed grow operations that fail to follow all of the rules can quickly lead to felony charges in Arizona.  Arizona Revised Statutes 13-3405(A)(2-3) ban producing marijuana, or possessing marijuana for sale.  Cultivation of marijuana with a quantity of less than two pounds is a Class 5 felony, but can also charged along with possession for sale, a Class 4 felony.  For a weight between two and four pounds, cultivation is a Class 4 felony and possession for sale is a Class 3 felony.  For weights in excess of four pounds, cultivation is a Class 3 felony, and possession for sale is a Class 2 felony.  Accordingly, grow operations can result in very serious charges, including punishment of over a decade in prison, and $150,000 fine.  Even more disturbing, is the designation of repeat drug trafficking offenders as "serious drug offenders" which imposes a life sentence on third time offenders.  Again, this is now subject to new legalization laws, where qualifying smaller grows will not be a violation of Arizona law.

FEDERAL LAWS PUNISHING CULTIVATION
Federal law permits the government to prosecute marijuana grow operations, even when those operations are in compliance with state medical marijuana laws.  Licensed medical marijuana grow operations have been less of a federal enforcement priority than unlicensed grow operations, but both can result in serious federal charges.  Federal marijuana laws will focus on only large-scale marijuana grow operations.  Under Federal law, sale or cultivation of up to 50 plants or 50 kg is punishable by 5 years in prison and a $250,000 fine.  Cultivation or sale of 50-99 plants or 50-99 kg of marijuana/cannabis is punishable by up to 20 years in prison and a $1,000,000 fine.  Cultivation or sale of 100-999 plants or 100-999 kg of marijuana/cannabis is punishable by up to 40 years in prison and a $1,000,000 fine.  Operations involving 1000 plants or more can result in life imprisonment, and carries a 10 year mandatory minimum sentence. 

If you or a loved one has been arrested or charged with a crime relating to a marijuana/cannabis grow operation, you need an attorney who understands the complex laws that govern this field.  Contact us now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss your case, and find out how we can help you get the best result possible in your case.
520-585-5757

TUCSON CRIMINAL DEFENSE ATTORNEY