Tucson Criminal Defense Attorney Explains Federal and State Sentencing  Sentencing, not trial, may actually be the most important part of staying out of prison in your Arizona state or federal case. In criminal law, we hope to avoid the sentencing phase, wherever possible. Unfortunately, an overwhelming majority of criminal cases, especially in federal court, result in a conviction. If you win a trial, or get the case thrown out on a motion, then there will be no sentencing phase in your case. In cases with a guilty plea or verdict, there will be a sentencing phase. Plea negotiations will often dictate a specific sentence, where sentencing after a guilty verdict at trial may leave more discretion in the hands of the sentencing judge. If there must be a conviction of some kind, it is important to fight the charges to at least avoid convictions as to the most serious charged offenses.
In any event, sentencing is a vital part of criminal defense work. From understanding how different charges and allegations can be "plead down" to presenting the strongest mitigation possible, to knowing how to seek a variance from sentencing guidelines, your criminal defense attorney must be experienced, knowledgeable, and sufficiently prepare in order to get you the best outcome. If you have a pending criminal matter, understanding your possible defenses, potential outcomes, and sentencing possibilities is crucial. Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney. 520-585-5757. Although many of the consequences associated with facing criminal charges, and defendants should always be concerned about the impact a conviction might have on their lives, ability to travel/move, immigration status, professional licensing, and employment, the single thing that seems to concern our clients most is avoiding jail. This is where an experienced criminal defense attorney can help. First by seeking to avoid a conviction at all costs, because with no conviction there can be no sentence. Of course if that fails, skilled negotiating for favorable plea deals, and strong sentencing advocacy can still provide a more palatable outcome. Each case is different, as is each accused. Through experience, dedication, and working closely with our clients, we fight to get you the best result we can. FEDERAL SENTENCING IN ARIZONA In response to drastically varying outcomes in federal courts around the country, Congress passed the Sentencing Reform Act of 1984. The United States Sentencing Commission sought to create more uniformity in sentencing by proscribing specific sentencing ranges, considering both the severity of the offense, and the seriousness of the offender's prior criminal history. The sentencing guidelines provided for very harsh mandatory minimum sentences, even for many first time, non-violent offenders. In 2005, the United States Supreme Court ruled that the sentencing guidelines must me advisory only, and not mandatory as originally intended. As a result, many federal judges will depart from the guidelines, and impose sentences well below the guidelines, but the reasons justifying a mitigated sentence must be well presented and argued for the judge. One thing that you can be sure of is that the United States of America, your opponent in a federal case, will be well-represented by the United States Attorney's office. Make sure to cooperate with your lawyer, and be forthcoming with any information that might warrant lesser punishment in your federal case. Your lawyer should be familiar with, and/or carefully research all grounds for a more favorable sentence in your case. Presenting the right mitigation can be he difference between being eligible for probation, and having to serve a lengthy sentence in federal prison. Federal cases are serious, and have a conviction rate over 95%; this means that, when facing federal charges, great advocacy at the sentencing phase is vital. STATE COURT SENTENCING IN ARIZONA Arizona has a sentencing scheme that is structured similarly to that of the federal system. Not only are all crimes classified by seriousness (Felonies: Class 1-6, Misdemeanors: Class 1-3), but the sentences are enhanced for repeat offenders, creating a sentencing scheme similar to the federal sentencing. One major difference between state and federal sentencing in Arizona, is the proscribed sentence ranges themselves. Even though Arizona has some of the strictest state level criminal laws in the country, the federal sentencing guidelines will call for harsher punishments for the same conduct a majority of the time, often calling for exponentially longer sentences. In Arizona felony courtrooms, Each crime has a presumptive sentence, a mitigated sentence, and an aggravated sentence. Each sentence in that range is increased on the basis of prior felony convictions. In some cases, it may not be in the cards to avoid a conviction altogether, but it may be possible to be convicted of a lower class of offense, or get a reduced sentencing range by arguing that it was merely an attempt or solicitation (which reduces the class of the crime). This can be done in plea negotiations, or by winning certain arguments at trial. Within a sentencing range, it is important to consider presenting mitigating evidence of the defendant's good moral character, rehabilitation, contrition, obstacles overcome in life, limited criminal sophistication, duress, minor involvement in the crime, restitution made to victims, and more. FREE CONSULTATION 520-585-5757 Again, avoiding sentencing altogether is the goal. If we can win a case at trial, or use motions to get vital evidence thrown out, or even get a case dismissed, this is the best outcome. With today's technology, evidence of guilt can be overwhelming (e.g. video of the defendant committing the charged offense). This, as well as developments in the law surrounding the discretion still afforded judges, even with guidelines in place, has made sentencing, and a strong grasp of the surrounding law exceedingly important in criminal cases, both state and federal. Calculating your maximum exposure in a case, and then going to work finding each and every way to knock that down, can make the ultimate difference, and can even mean no incarceration at all instead of prison time. RELATED ARTICLES Will I go to jail? Prison? What are some alternatives? Federal Criminal Defense in Tucson Should I go to trial? What about plea deals? IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN STATE OR FEDERAL COURT IN ARIZONA, CONTACT THE TUCSON DEFENDERS TO DISCUSS YOUR CASE, POSSIBLE DEFENSES, POTENTIAL OUTCOMES, AND LET US GET STARTED FIGHTING FOR YOU. CALL US FOR A FREE, NO OBLIGATION CONSULTATION TODAY. 520-585-5757.
1 Comment
Defending Forgery and Counterfeiting Charges in Tucson, Arizona  Counterfeit US Currency is one of many forms of forgery/counterfeiting. A person can be charged with forgery or counterfeiting for manufacturing, selling, and sometimes just possessing non-genuine checks, currency, clothing and accessories (including purses, belts, watches, etc.), music, movies, brand-named medications, tickets, licenses, and other documents. Additionally, like many other crimes, there is concurrent state and federal jurisdiction, meaning that certain offenses might be charged in state or federal court. New and developing technologies have resulted in an increase in counterfeit bills, notes, and other documents.
If you or a loved one is facing counterfeiting charges, it can help you to understand the process, the possible consequences, and available defenses and defense strategies. Our firm offers free consultations, where we can discuss your specific case. The foregoing information is not legal advice, does not create an attorney-client relationship, and is not a substitute for a real consultation with a criminal defense attorney. ARIZONA FORGERY AND COUNTERFEITING LAWS Under Arizona law, a person commits forgery by making, altering, completing, or possessing a written instrument with the intent to defraud. Attempting to alter a check, contract, or other legal document to trick or deceive another person, as well as forging a signature for that purpose will be treated very seriously. Forging a certificate of authenticity, autograph, or brand mark in order to sell an item as authentic, will also constitute both forgery and fraud. Forgery is a Class 4 felony, with a presumptive prison term of two and a half years. If the forged instrument is used to purchase or lease a house used in a smuggling operation, the charges are elevated to Class 3 felony, with even more serious penalties. Possession of forgery tools or devices is either a Class 5 or Class 6 felony, which is still a serious offense, and does not require proof of any actual forgery, merely intent and possession of the tools or devices. With fast-evolving technology, it is possible that otherwise lawful instruments could be deemed forgery tools or devices, if there is an apparent intent to create forged or counterfeit items. Manufacturing or producing items with a counterfeit mark with the intention of selling the items is a Class 5 felony in Arizona. Selling counterfeit goods is generally a Class 1 misdemeanor, but can be elevated to a Class 5 felony if the defendant has a prior for selling counterfeit goods, or has more than 1000 items, or more than $10,000 worth of the item. The law presumes that possession of at least 26 counterfeit items means that they are possessed for sale. Traditionally, counterfeiting was most common with watches, handbags, and other expensive fashion items, but today, the most common counterfeit items are Viagra and DVD movies. Innocent retailers can sometimes be charged if they inadvertently purchase counterfeit goods to stock their own stores. FEDERAL COUNTERFEITING LAWS (GENERAL FEDERAL CRIMINAL DEFENSE INFORMATION) Under Federal law, counterfeiting that constitutes copyright infringement, as well as counterfeiting of United States Currency are serious offenses, often investigated by the Federal Bureau of Investigation ("FBI"). Selling or attempting to sell counterfeit brand-named items infringes on the patents of the genuine manufacturers. Most of these investigations are carried out by private investigation firms retained by the industries themselves, but federal authorities will prosecute violators in federal court. Typically, federal counterfeit goods charges will only arise out of major, large-scale manufacturing operations. Counterfeit currency, or bank notes, are treated much more seriously. The design and printing of United States Currency is always evolving to make counterfeiting more difficult, but professional counterfeiters use sophisticated technology to match the precise artwork, paper, and ink used to make real money. Counterfeiters often remove the print from real money, then print a higher dollar value on the real paper. In this way, a one or five dollar bill may be converted into a $100 bill, on real paper, which will fool some of the counterfeit detection technology used by retailers and even banks. The US Government takes counterfeiting of currency very, very seriously, and will use the full force of its investigatory and prosecuting powers to punish counterfeiters. DEFENSES IN COUNTERFEITING CASES Some common defenses in counterfeiting and forgery cases include: lack of knowledge/mistake of fact, actual authenticity of the alleged counterfeit item, lack of intent to deceive, that someone else actually committed the crime. Further, depending on how law enforcement came to discover the forgery or counterfeiting, it may be possible to assert Fourth Amendment protections against unreasonable searches and seizures. In all cases, a thorough defense investigation, and careful case review by an experienced criminal defense lawyer will help to determine the best defense strategy. RELATED CHARGES Counterfeiting and forgery charges can sometimes be charged alongside Theft Crimes, Fraud Crimes, Possession of Forgery Tools/Devides, Fake ID, Money Laundering, etc., and can be more serious if they are Federal Crimes. Note that the arresting charge(s) may change once a case is filed, and that a person might end up facing additional or different charges in court. More Information about Tucson Theft Crimes More Information about Tucson Fraud Crimes More Information about Federal Criminal Defense More Information about Tucson Fake ID Offenses More Information about Tucson Embezzlement Defense IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH COUNTERFEITING, FORGERY, FRAUD, OR ANY OTHER CRIMINAL OFFENSE, WHETHER IN STATE OR FEDERAL COURT, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757. Defending Auto Theft and Carjacking Cases in Tucson  Auto theft is a common crime in Arizona, with Arizona ranking in the top 10 in the nation for auto theft. In Tucson, theft of means of transportation, as it is called under Arizona law, is a common felony charge, and is prosecuted aggressively by the Pima County Attorney's Office. While most Arizona theft offenses are graded on the basis of value, all auto theft is punishable as a felony, even in the absence of an intent to permanently deprive (more on that below). If you or a loved one has been charged with theft of means of transportation (auto theft), unlawful use of means of transportation (joyriding), failure to return a rental car, or failure to return a repossessed vehicle, or taking of a means of transportation by force/threat of force (carjacking), contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney. 520-585-5757. WHO CAN BE CHARGED WITH THEFT OF MEANS OF TRANSPORTATION? Under Arizona Law, a "means of transportation" is defined as any vehicle. Taking of a means of transportation can be done by physical taking, by deception, by force/threat of force (robbery), or other means. If there is evidence of an intent to permanently deprive the owner of the vehicle, that will be considered theft. Unlawful use of another person's vehicle, commonly called "joyriding" is charged when a vehicle is taken without the owner's permission, but there is no evidence of intent to permanently deprive the owner (e.g. statements conveying intent to sell the stolen car). A passenger in a stolen vehicle can also be charged, but the prosecution would have to prove that they knew the car was stolen/unlawfully used, or should have known based on the circumstances (e.g. driver is using a screwdriver). Failing to return a rental vehicle, or a leased or financed vehicle that is behind on payments and has been repossessed is also a serious crime. In these cases, simply not returning the car as directed, or hiding the vehicle from the rightful owner will lead to felony charges. Stealing an engine or transmission will be a felony regardless of value. WHAT ARE THE PENALTIES FOR STEALING A CAR? Theft of a means of transportation, i.e. taking of another person's vehicle with the intent to permanently deprive the owner thereof is a Class 3 felony. While this charge is eligible for probation consideration, a Class 3 felony is carries a presumptive sentence of 3.5 years in prison, for a first offense. For unlawful use (joyriding), a driver faces a Class 5 felony, and passengers face a Class 6 felony, with presumptive sentences of 1.5 years and 1 year, respectively, for a first offense. Taking of an engine or transmission is a Class 4 felony, and carries a presumptive penalty of 2.5 years for a first offense, and a maximum of 15 years. Failure to return a rental car is a Class 5 felony, and failure to return a repossessed vehicle is a Class 6 felony. Arizona does not have a separate statute for carjacking, which is the theft of a vehicle by force or threat of force, a person who takes a car by flashing a weapon or forcing the driver out, can be charged with robbery. Armed robbery is a Class 2 felony, so would be even more severely punished than a simple taking of a vehicle. Clearly, the penalties for taking a vehicle are severe, and should be taken very seriously by anyone charged. DEFENSES TO AUTO THEFT CHARGES The best defenses to theft offenses are consent, and lack of intent to permanently deprive. With many other kinds of theft, if the government cannot prove an intent to permanently deprive (i.e. the defendant may have returned the item), then the taking might not actually constitute a crime. In the case of auto theft charges, however, a lack of intent to permanently deprive merely reduces the severity of the offense, but unlawful use of a means of transportation is still a felony. It may also be a defense to assert a mistake of fact, where a person inadvertently takes a vehicle believing that it is their vehicle. This defense would typically be farfetched, but there are scenarios where taking another person's vehicle would not be a crime. For example, if a valet gives a person the wrong car, that is also the same model, and the person drives away with the wrong car, they should not be charged with a crime. Although most auto theft charges stem from the defendant being arrested in the vehicle, in other cases, it may be possible to assert additional defenses, such as mistaken identity, false accusation, and more. IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH AN AUTO THEFT OFFENSE, THE POSSIBLE PENALTIES ARE SEVERE, AND CAN RESULT IN LENGTHY PRISON SENTENCES AND FELONY CONVICTIONS. CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757. Tucson Theft Crimes Defense - General Information about Arizona Theft Offenses Tucson Robbery Defense - Can be charged if a vehicle is taken by force, threat of force. Tucson Burglary Defense - Can be charged where a vehicle is taken from inside a garage or dealership, or where a vehicle is broken into to steal its contents. Tucson Embezzlement Defense - Can be charged when a vehicle is entrusted to a person and then taken for personal benefit. Defending Disorderly Conduct Cases in Tucson  Disorderly conduct is a broad criminal charge, and covers a wide range of conduct. Often, Disorderly Conduct serves as a sort of "catch all" for undesirable behavior that falls just short of other criminal conduct. Other times, it may be charged in conjunction with other criminal offenses. Commonly called "drunk and disorderly" Disorderly Conduct often does involve alcohol, but can be charged for conduct as minor as "unreasonable" noise.
If you or a loved one has been arrested or charged with disorderly conduct, or related offense, understand that it is not the crime of the century, but you may still want representation, and may wish to consult with an attorney about your case. Call the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer. WHAT COUNTS AS DISORDERLY CONDUCT? Pursuant to Arizona law, disorderly conduct can be charged when, with the intent or knowledge of disturbing the peace and quiet of a neighborhood, family, or person: (1) Engages in fighting or violence, or seriously disruptive behavior, (2) Makes unreasonable noise, (3) Provoking another person with offensive language or gesture, (4) Causing commotion with intent to disrupt lawful business, gathering, or procession, (5) Failing to obey a lawful order to disburse, OR (6) Recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument. One thing is clear, disorderly conduct covers a very wide range of conduct, and gives police a long list of behavior that can justify an arrest. Disorderly conduct arrests and charges are common in regards to protests, loud behavior, inciting or engaging in fights, and more. Disorderly conduct is one of the most common charges for arrests occurring outside of bars in the early morning hours, at sporting events and tailgates, and large informal gatherings. WHAT ARE THE PENALTIES FOR DISORDERLY CONDUCT? Most of the time, Disorderly Conduct is a Class 1 Misdemeanor, meaning that it is technically punishable by up to 6 months in jail, but jail time is an uncommon result in disorderly conduct cases, especially if it is a first offense. Absent a more serious accompanying charge, or a significant criminal history, being convicted of disorderly conduct will be punishable by probation, community service, and fines. It is also possible, with the prosecution's agreement, to enter into diversion and avoid a criminal conviction altogether. Disorderly Conduct involving a deadly weapon or dangerous instrument is actually quite serious, and charged as a Class 6 Felony. As a Felony, disorderly conduct can be charged with an allegation of dangerousness, which makes it ineligible for probation, and a mandatory minimum prison sentence. RELATED CHARGES Disorderly conduct can be related to domestic violence cases, assault crimes, weapons offenses, and more. Additionally, disorderly conduct is a charge that is sometimes plead down to from a more serious offense. Because of the vague nature of a disorderly conduct charge, it may help a defendant avoid some of the negative collateral consequences (immigration, professional licensing, employment, travel, etc.) versus other possible dispositions. If you have been charged with a crime, and are a non-citizen, a licensed professional, or are concerned about the impact a criminal conviction might have on your schooling or career, you should discuss these concerns with your defense lawyer. IF YOU OR A LOVED ONE IS FACING CHARGES FOR DISORDERLY CONDUCT, ASSAULT, DOMESTIC VIOLENCE, OR ANY OTHER CRIMINAL CHARGE FOR THAT MATTER, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757 Tucson Criminal Defense Attorney Explains Arizona Murder Laws  At common law, Murder is the unlawful killing of a human being, with malice aforethought. Under Arizona law, there are two classifications of Murder, Murder in the First Degree, and Murder in the Second Degree. Tucson logs about 50 murders per year in recent years, with the city's crime rate roughly double the national average. Tucson Police Department has a much higher clearance rate for murders than the national average, and solves a higher percentage of murders than most cities its size. On the one hand, a high murder clearance rate suggests skilled investigations, but on the other hand, an eagerness to "solve" as many murders as possible likely results in higher rates of arrests and charges of innocent people.
There is not one primary motive for murders in Tucson, as many are related to domestic violence situations, petty disputes, the drug trade, even robberies and home invasions. If you or a loved one is under investigation for murder, or has been charged or arrested, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney. We can discuss the circumstances of your case, start to evaluate possible defenses, and strategize to provide the strongest possible defense to these serious charges. FIRST DEGREE MURDER Murder in the First Degree is the most serious grading of homicide under Arizona Law. A person convicted of First Degree Murder can be sentenced to 25 years to Life, Life Without the Possibility of Parole, or Death. The sentence upon a conviction for first degree murder will depend on a number of aggravating and mitigating factors, with special procedures in place with regards to imposition of the death penalty (more below). Avoiding a conviction for first degree murder will take the death penalty off the table, and avoid a life sentence. There are three ways a person can be convicted of First Degree Murder: Premeditation An intentional killing of another person that is premeditated will elevate a murder to murder in the first degree. Arizona's statutory definition of premeditation (that it can occur over a short or long time) has been deemed vague, and is superseded by case law requiring the government to prove actual reflection. In many first degree murder cases, whether actual reflection took place will be one of the primary points of contention, and therefore one of the central elements of defending the first degree murder charge. Felony Murder A killing that occurs during the perpetration of certain specified felony (including: Kidnapping, Robbery, Child Molestation, Arson, Sexual Assault, and Escaping/Fleeing from Law Enforcement). Felony Murder can be charged when a person is killed during the commission of such specified felony, including during flight from the crime, and can be charged even if the specified felony is not completed. The most controversial application of the Felony Murder Rule is that it covers accomplices, too, meaning that a person can be charged with murder despite not being directly involved in the victim's death. Killing of an On-Duty Law Enforcement Officer If the victim of a murder is an on-duty police officer, a person can be charged with first degree murder for committing an act that the person knows will cause the death of a law enforcement officer. Note that this type of first degree murder does not require the prosecution to prove premeditation, nor that the killing occurred during the commission of a specified felony offense. SECOND DEGREE MURDER While not punishable in the same way as first degree murder, second degree murder is a very serious crime. A person can be convicted of second degree murder by intentionally killing another person (who is not an on-duty law enforcement officer), without premeditation, OR by conduct manifesting extreme indifference to human life. This covers unintentional killings that the killer knows were likely to occur as a result of dangerous conduct. Second degree murder is punishable by a minimum of 10 years, and a maximum of 22 years in prison. DIFFERENTIATION FROM MANSLAUGHTER There are traditionally two distinct kinds of manslaughter: voluntary and involuntary. Most people familiar with the term "manslaughter" consider the involuntary type. Involuntary manslaughter is an unintentional killing, resulting from reckless behavior, that poses a substantial danger to human life. This can include things like drunk driving, engaging in a fight, or racing. This concept is complicated by the extreme indifference second degree murder classification; sometimes it can be difficult to draw the line between behavior that manifests extreme indifference to human life, and that which is merely a reckless act. Prosecutors will often charge second degree murder on borderline cases, and even cases where manslaughter is more fitting. Voluntary manslaughter, or passion killing, is when a person commits an intentional killing, but due to provocation, cannot be said to have acted with the requisite malice for murder. Voluntary manslaughter is less serious than murder, and imposes lesser punishment for killers who acted in the heat of passion. Working a murder case down to manslaughter, whether through plea negotiations, motions, or at trial, is key to murder and homicide defense. CAPITAL CASES Arizona does still have the death penalty, applicable to first degree murder cases. Years ago, a jury would only determine a defendant's guilt, whereupon judges were free to impose a death sentence if they deemed it appropriate. In response to constitutional challenges, Arizona death penalty cases now have three separate phases: the guilt phase (the jury decides whether the government has proven the elements of first degree murder), the aggravating circumstances phase (where the jury decides whether certain aggravating factors that permit imposition of the death penalty are present), and the mitigation phase (where the jury decides whether there are sufficient mitigating factors to preclude imposition of the death penalty). The death penalty cannot be imposed on minors who were under the age of 18 at the time of the offense, or on-major participants in a killing. Capital murder cases are complex and serious, and require a dedicated and experienced criminal defense attorney. DEFENSES IN MURDER CASES Each case is different, and there are many different defenses that might apply in different types of murder cases. Some of the most common defenses in murder cases include: Self-Defense, Mistaken Identity, False Accusations, Lack of Premeditation, Lack of Intent, Alibi, and more. IF YOU OR A LOVED ONE IS UNDER INVESTIGATION, OR HAS BEEN ARRESTED AND CHARGED IN A HOMICIDE CASE, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757. Defending Arizona Attempted Murder Charges  Attempted murder is one of the most serious criminal charges a person can face. Unlike murder, an attempted murder charge does not require that anyone dies, or even that any person is injured. Due to the seriousness of the crime, attempted murder charges are often thoroughly investigated, but always harshly prosecuted. If you or a loved one has been charged with attempted murder, or a related serious charge, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney. 520-585-5757.
Visit our page about MURDER defense WHAT CONSTITUTES AN ATTEMPT? Under the Arizona Revised Statutes, there are three ways a person can be found guilty of attempt. While acting with the kind of culpability otherwise required for commission of an offense, a person: (1) intentionally engages in conduct that would constitute an offense if the attendant circumstances were such that a person believes them to be, (2) intentionally does or omits to do anything which is any step in a course of conduct planned to culminate in commission of an offense, or (3) engages in conduct intended to aid another to commit an offense. It is not a defense to attempt crimes (including attempted murder) that the person aided could not possibly have pulled off the crime, even with the aid. WHEN IS ATTEMPTED MURDER CHARGED? The most common scenario where attempted murder is charged is where a person intends to kill another person, and tries to do so, but does not succeed. For example, a person shoots a gun at another person, yelling "I'm going to kill you" but only wounds the victim. Assisting another person in a known attempt to kill someone is another common scenario. This would involve an act such as driving a car for someone else to do a drive-by shooting; both the driver and the shooter would likely be charged with attempted murder if the intended victim(s) survive. The most difficult cases are assault cases where there are either bad injuries or other evidence of an intent to kill. It is common for prosecutors to overcharge a crime that would really be more appropriately an aggravated assault, as attempted murder to subject the accused to harsher penalties. In these cases, it may be possible to plea bargain down to a lesser charge, or ultimately it may be up to the jury to decide whether the government can prove an intent to kill beyond a reasonable doubt. WHAT ARE THE PENALTIES FOR ATTEMPTED MURDER? Attempt crimes reduce the level of the offense by one class. Murder is a Class 1 Felony under Arizona Law, so therefore, Attempted Murder is a Class 2 Felony. On its own, Attempted Murder is punishable by up to 20 years in prison. Of course, with charges like Attempted Murder, it is not uncommon for there to be multiple counts, multiple charges, and other sentencing aggravating factors. ATTEMPTED MURDER DEFENSES Some of the most common defenses to Attempted Murder charges include: Self-Defense, Mistaken Identity, Alibi, False Accusation, Insanity, Lack of Intent, and more. With regards to self-defense, the government is required to prove, beyond a reasonable doubt, that the defendant did not act in self-defense; this is a tactical advantage for the defense at trial, provided that you have a skilled trial lawyer representing you. Mistaken Identity is surprisingly common in attempted murder and murder cases; these crimes happen quickly, and investigators are eager to make an arrest, even when the evidence available is limited to a generic witness description, grainy surveillance footage, etc. Each case is different, and the applicability of the possible defenses needs to be evaluated by an experienced criminal defense attorney, upon review of the evidence and proper investigation. RELATED CHARGES Some charges related to Attempted Murder include: Murder, Homicide, Aggravated Assault, Assault, Domestic Violence, Drive-By Shooting, and more. Other incomplete crimes include: Solicitation, Conspiracy, and Facilitation. Additionally, it is very common to see Attempted Murder charged alongside other crimes, including Felon in Possession of a Firearm, and there will be multiple counts of attempted murder for each intended victim, or combined counts of murder for victims who do die, and attempted murder for survivors. IF YOU OR A LOVED ONE HAS BEEN ARRESTED, OR CHARGED WITH ATTEMPTED MURDER, OR OTHER SERIOUS OR VIOLENT FELONY CASES, YOU NEED A PASSIONATE, AGGRESSIVE, EXPERIENCED CRIMINAL DEFENSE ATTORNEY ON YOUR SIDE. CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY. 520-585-5757. Tucson Criminal Defense Lawyer Explains Arizona Criminal Damage Laws  Called vandalism in many other states, criminal damage laws make it a crime in Arizona to recklessly or intentionally damage or deface the property of another. When people think of vandalism, one of the first things that we think of is graffiti, but there are many other acts that would qualify as criminal damage, the most frequently charged property crime in Arizona. Damage done to vehicles, store fronts, and even personal property like cellular phones are common subjects of criminal damage charges. Additionally, it is important to note that Arizona law does not require proof that damage was done intentionally. This is not only in contrast to the laws in some other states, but also in contrast to what many people think the crime is. To show that a person "recklessly" caused damage to another person's property, the government must only show that a person knew of the risk of causing said damage, and proceeded with their action anyway.
PENALTIES FOR CRIMINAL DAMAGE IN ARIZONA The penalties for criminal damage in Arizona primarily depend upon the value of the damaged property, and/or the cost to repair. Property damage valued at over $10,000 is treated most severely, punishable as a Class 4 felony (possible higher if aggravated, see below). Damage in an amount between $2,000 and $10,000 will be charged as a Class 5 felony, and damage between $1,000 and $2,000 is a Class 6 felony. Criminal damage of property between $250 and $1000 is a Class 1 Misdemeanor, and property worth less than $250 is a Class 2 Misdemeanor. In addition to any jail time, probation, and fines, those convicted of criminal damage will almost certainly be ordered to pay restitution (paid to the victim of a crime to make up for the costs to repair or replace damaged property). AGGRAVATED CRIMINAL DAMAGE In an effort to curtail hate crimes, Arizona law punishes more harshly the vandalism of certain types of buildings, including churches and other houses of worship, schools, and cemeteries. Additionally, a person can be charged with aggravated criminal damage for damage done to a building, or construction site to take copper pipes or other metals. Aggravated criminal damage is a felony, regardless of the value of the damaged property or the cost to repair. The penalties are more severe for greater damage, with the most serious punishment for aggravated damage being a Class 3 felony for causing damage in excess of $10,000 to remove copper pipes. In cases involving damage to places of worship or cemeteries, a "hate crime" motive may result in harsher prosecution and aggravating factors at sentencing. DAMAGING OR DEFACING FEDERAL GOVERNMENT PROPERTY The vast majority of vandalism cases in Tucson, and across the country, are prosecuted at the state level. However, damaging or defacing federal government property can result in federal charges, which is almost always dealt with more harshly, even with Arizona having some of the toughest state level criminal laws in the country. For damage to federal property exceeding only $100, the possible penalties include a fine of up to $250,000 and up to ten years imprisonment. More information about Federal criminal defense DEFENSES TO CRIMINAL DAMAGE ("VANDALISM") CHARGES Some defenses to criminal damage charges include: Accident, Consent, Ownership, False Accusation, Mistaken Identity, and more. It may also be possible to obtain a better result by challenging the government or alleged victim's valuation of property or damage. In terms of plea bargaining, seeking to make prompt restitution to repair damage will usually go a long way in helping to mitigate punishment. Every case is different, and determining your best defenses requires thorough consultation with a defense lawyer. RELATED CHARGES With an increasing emphasis of the criminal justice system on domestic violence cases, domestic violence related vandalism charges are on the rise as well. Breaking another person's property during an argument might not be what you think of when you hear the term "vandalism" but is commonly charged in that way. Criminal littering and polluting are also closely related to criminal damage under Arizona law, and can result in serious penalties for dumping and polluting. Criminal damage, especially in schools, is an especially common charge in juvenile delinquency cases. IF YOU OR A LOVED ONE HAS BEEN ARRESTED, OR CHARGED WITH CRIMINAL DAMAGE OR A RELATED CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY 520-585-5757 Juvenile Adjudications in Tucson, Arizona  Pima County Juvenile Court Center Juvenile delinquency cases start much in the same way as adult criminal matters: with an arrest or citation. If cited, a minor will be informed of a court date and released. If arrested, instead of getting booked into adult jail, a minor will be transported to a youth detention center, and will get an advisory hearing before a judge within 24 hours. The police will then write up a report, and may conduct additional investigation to gather evidence of a crime, and refer their report to the County Attorney.
If the County Attorney believes a crime has been committed, they will file a petition, charging the minor. This is similar to a complaint in adult criminal court. Upon a filing of a petition, the first court appearance will be called an advisory hearing. At the advisory hearing, the minor is informed of the charges (usually waiving formal reading), and decides whether to admit or deny the charges, and the judge will decide whether to release the juvenile to stay with his/her parents, or detain until the next hearing. The next hearing will either be an adjudication (if the charges are denied), or a disposition (if the charges have been admitted. Like with adult criminal cases, many juvenile delinquency matters settle for a plea bargain, with some diversion programs available to help juveniles keep a clean record. At an adjudication, the County Attorney has the burden of proving the charges beyond a reasonable doubt. The government will try to meet its burden by calling witnesses, including alleged victims and police officers who responded or investigated the case. The defense will get to cross examine the government's witnesses, and then may call witnesses of its own. The judge (there is no jury) decides whether the charges (or any of them) have been proven. If the judge finds that the charge has not been proven, the case is dismissed; if the judge finds that a charge has been proven, then the case will be set for disposition. At disposition, a judge will consider a report prepared by the probation department, as well as testimony and argument given, and decide what punishment to impose. Punishments can include: community service, essays, drug testing, fines, restitution, probation, house arrest, and juvenile corrections. Many juvenile adjudications also result in license suspensions, and required DNA sample registration. Juveniles are appointed a free attorney, called a Public Advocate, an attorney who practices exclusively in the juvenile courts, and is trained specially in handling juvenile matters. Still, juveniles have a right to hire an attorney of their choosing to represent them in delinquency proceedings. WHEN MINORS ARE CHARGED AS ADULTS Arizona still has some of the harshest criminal laws in the nation, and the adult criminal justice system can reach many youthful offenders, and subject minors to very harsh punishment. Juveniles age 14-17 can be charged as adults. Typically only violent felony offenders (first degree murder, second degree murder, forcible sexual assault, armed robbery, aggravated assault, assault with a deadly weapon, etc.) or repeat felony offenders. Arizona law has mandatory direct filing of certain charges in adult court, and further allows for direct filing in other cases within the County Attorney's discretion. If a serious criminal case is filed in adult court, it will almost always be to the juvenile's advantage to have the case transferred to juvenile court, where the punishment is limited, and the court is more likely to be lenient with young offenders. The process of moving a case from adult court to juvenile court is called a "reverse transfer" to juvenile court. NOTE: Even if charged in adult court, Arizona law does not allow imposition of the death penalty for anyone who was under the age of 18 at the time of their offense. SETTING ASIDE A JUVENILE ADJUDICATION Once a juvenile has turned 18, and completed all terms of their sentence, they may apply for a set aside with the court. Some factors the court will consider in determining whether to grant a set aside include: the nature and circumstances of the offense, whether the person has been convicted of a felony, whether any criminal charges are pending, input from the victim, the person's success and cooperation with the juvenile process, and any other relevant information. IF YOU OR YOUR CHILD HAS BEEN ARRESTED OR CITED AND MUST GO THROUGH THE JUVENILE COURT PROCESS, IT MAY HELP TO SPEAK TO AN ATTORNEY ABOUT YOUR OPTIONS. CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER 520-585-5757 Driving Under the Influence of Drugs Defense in Tucson, Arizona  Driving Under the Influence of Drugs arrests are common in Tucson, Arizona. Arizona has some of the nation's toughest driving under the influence ("DUI") laws, and some of the nation's toughest drug laws. What's more, Arizona is the only state in America where any amount of marijuana can be charged as a felony. Putting these factors together, it is not difficult to imagine that driving under the influence of drugs is dealt with harshly in Arizona. With high rates of illegal drug use, a nationwide struggle with prescription medications, and medical marijuana, Tucson sees many DUI cases where drivers are suspected of drug use, rather than (or sometimes in addition to) drinking alcohol. Under Arizona law, the government can convict a person of driving under the influence of drugs in two ways. First, the government can prove that a person was operating a motor vehicle while impaired to the slightest degree. In order to establish this, police officers will testify to observing certain "objective symptoms" of impairment, including red, watery eyes, slurred speech, unsteady gait, and poor performance on field sobriety tests. Additional evidence of impairment could include the odor of marijuana, an admission to recent drug ingestion (including taking medications as prescribed), a passenger's statements, and the presence of drugs or paraphernalia. The other way that the government can convict of driving under the influence is by proving that a person operated a motor vehicle while having any amount of a drug or its metabolites in their system. This applies to illegal drugs like methamphetamine, cocaine, heroin, etc., as well as to prescription medications, and marijuana. Note that the statute does not require the government to prove any impairment at all to convict a person of driving under the influence. This section does require the government to have a chemical test, meaning that it might be more difficult if the officer failed to obtain a chemical test result, the results were excluded, or even in the case of a refusal. The penalties for a first offense drug DUI, a Class 1 Misdemeanor, include up to six months in jail (technically, though such a sentence would be highly unlikely), drug and alcohol treatment (including drug testing), fines in the thousands of dollars, and up to five years of probation, and a one year license suspension. While the maximum six month jail sentence is almost never imposed for a first offense, there is minimum jail time (ten days, nine of which can be suspended). Repeat offenders will face harsher penalties, including a minimum of 30 days in jail, and higher fines. SOME DEFENSES IN DRUG DUI CASES Defenses to driving under the influence of drugs include: was not driving/operating a vehicle, not under the influence of a drug, challenging traffic stop, challenging arrest, and more. In cases where the government needs to prove impairment (because there was no chemical test, or the test was suppressed), strong cross examination of the arresting officer, including a strong understanding of the science of toxicology, and familiarity with the way police testify in DUI cases is key, especially in cases involving drugs. Arizona police officers are trained in drug recognition, but the training is basic; some officers are certified as Drug Recognition Experts (DRE), but determining drug impairment often takes more knowledge and experience than police can learn in a matter of a few days of instruction. Your attorney might be able to file motions to get evidence excluded, or your charges dismissed, but most likely your case will either go to trial, or result in a plea deal. Note that the following are NOT valid defenses in drug DUI cases: having a valid prescription, just driving a short distance, too impaired to take a chemical test, not having drugs in your possession, or RELATED ARTICLES: Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI If you or a loved one has been arrested or charged with DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense and DUI Lawyer. 520-585-5757 Tucson Criminal Defense Attorney Explains Fourth Amendment Rights  How your Tucson criminal defense attorney can assert your Constitutional rights to fight your case. The Fourth Amendment to the United States Constitution was designed to protect Americans from unreasonable government intrusions into our privacy. It reads as follows:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." To be clear, the supreme law of the land does not prohibit government searches, arrest warrants, or even warrant-less searches and seizures. What it does prohibit is searches conducted unreasonably, in most cases, without probable cause. When a search is not supported by a valid warrant or probable cause, and does not fall within any legally recognized exception, the remedy is suppression of the evidence. This creates an odd paradox, where the enforcement mechanism of this law only protects people when a search reveals evidence of criminal activity, and innocent people who are harassed with unreasonable searches rarely get any justice. If the police conduct an unlawful search, and do find something illegal, the defense can file a motion to suppress evidence and seek to have the evidence thrown out. Today, challenging an unlawful traffic stop, stop and frisk, pat down, vehicle search, search of a home or building, and the like in court provide the best defense for some defendants, especially in drug crimes cases, drug trafficking cases, weapons offenses, DUI cases, and the like. When a person is charged with a crime based on evidence that may have been unlawfully obtained, the defense must file a motion to suppress evidence. It then becomes the government's burden to prove that the search was lawful. This is a challenging process, in that police are not likely to volunteer information that a stop or search was unlawful, and many will lie to justify their illegal intrusions. The good news is that in this technologically advanced age, there is often objective evidence to contradict (and even discourage from the start) false statements made to justify a stop or search. Here are some examples of Fourth Amendment issues: STOP AND FRISK Sometimes called a Terry stop, or investigatory detention, a stop and frisk is a limited intrusion that does not require probable cause. Upon a showing of reasonable suspicion of criminal activity, a police officer may initiate a brief detention and pat down the exterior of a suspect's clothing to check for weapons. Often, police initiate investigatory detentions not only without probable cause, but without even reasonable suspicion (the required standard). Additionally, officers frequently go beyond the limited scope of an investigatory detention and conduct a full-blown search. In either case, the defendant will have a strong motion to suppress evidence. VEHICLE SEARCHES Vehicle searches generally require probable cause, not a warrant. Most often, vehicle searches follow a traffic stop, and escalate to a search upon an officer's determination that there is probable cause of a crime (or consent to search). In cases involving automobile searches, your defense lawyer can challenge an unjustified traffic stop, as well as the unjustified resulting search, provided that there is no evidence of criminal activity in plain view and the defendant did not consent to a search. CONSENT SEARCHES Consent is one of the most common justifications for a search. Although police often use coercion to induce consent to search, it is important that people understand and assert their right to refuse searches. With the growing use of body cameras and dash cameras, police will have a harder time fabricating consent, but it is ultimately up to the person being searched to assert that they do not consent to searches. The police may very well search anyway, but if there was not probable cause to search, there will be a strong motion to suppress evidence available. HOME SEARCHES GENERALLY REQUIRE A WARRANT The Fourth Amendment provides the greatest protection to individuals in their own homes. This means that most searches of a home will require a warrant. Warrant-less searches of homes will only be justified in certain limited circumstances, including: searches incident to a lawful arrest in the home (limited right to look for other persons who might be a danger to police), hot pursuit of a fleeing felon, and of course, consent. Individuals arrested and charged with a crime based on evidence found during a search of their homes can challenge the issuance of the warrant, or its execution, but the strongest motions to suppress will be in cases where police conduct a warrant-less search of a home. It is important to note that even strong evidence of guilt can be thrown out if unlawfully obtained. While suppression of evidence does not automatically mean that cases are dismissed, it is very difficult for the government to meet its high burden of proof beyond a reasonable doubt if even some evidence against a defendant is suppressed. Fourth Amendment issues are complicated, and require skillful motion writing, courtroom advocacy, and thorough investigation. IF YOU OR A LOVED ONE HAS BEEN UNLAWFULLY STOPPED, SEARCHED, OR ARRESTED, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE LAWYER. 520-585-5757. |
TUCSON CRIMINAL DEFENSE ATTORNEY
Contact us now for a FREE CONSULTATION Archives
November 2024
DISCLAIMER: The information provided on this website is for informational purposes only, and is not intended to be legal advice, nor to create an attorney-client relationship.
|
RSS Feed