Arizona's laws aim to protect minors at all costs, including strict criminal penalties for crimes that harm children.  Even seemingly minor offenses can become very serious if committed in the presence of a child, particularly if the activity causes the child harm or a risk of harm.  In addition to the potential criminal penalties, child endangerment and abuse has the potential to tear families apart.  Not only might a negligent or abusive parent or guardian end up in jail, but children can be removed from that parent or guardian's custody if it is deemed to be in the best interest of the child to do so. 

Parents and guardians must take their responsibilities seriously, and have the child's best interest at heart.  Unfortunately, sometimes well-meaning guardians can make mistakes, and other times abuse or neglect can be suspected where it has not in fact occurred.  Further, false accusations have become commonplace in custody battles, breakups, and divorces.

Allegations of child abuse can take many forms, most commonly physical abuse (shaking, hitting, burning), but can also be emotional abuse, sexual abuse, neglect, or abandonment.  Any non-accidental behavior that puts a child's physical and/or emotional health and development in danger is considered child abuse in Arizona.  Individuals accused of child abuse might face charges of assault, sexual assault, endangering the welfare of a child, corruption of a minor, failure to report child abuse, failure to report sexual assault, and more. 

By the time that a criminal defense attorney is getting involved in a suspected case of child abuse or neglect, there will still be very important steps guardians can take to protect themselves and their families.  If you or a loved one has been arrested, charged with a crime, or is under investigation for a crime involving suspected child abuse, endangerment, abandonment, or neglect, it is important to get an attorney to represent you right away.  If you cannot afford an attorney, the court will appoint counsel to represent you.

EXAMPLES OF CRIMINAL CHARGES RELATING TO CHILD ENDANGERMENT & ABUSE

• Severe punishments resulting in bodily injury
  
• Failure to report child abuse
  
• Insufficient supervision
  
• Leaving a child unattended in a vehicle
  
• Being under the influence of drugs or alcohol while caring for a child
  
• Committing a crime while caring for a child
  
• Driving Under the Influence with a child in the car (felony aggravated DUI)
  

Most cases involving child endangerment are charged as a Class 1 Misdemeanor, punishable by up to 6 months in jail, probation, and a fine of up to $2500.  In cases involving a substantial risk of death (no actual injury needs to occur), reckless endangerment is a Class 6 Felony, punishable by up to two years in prison.

Child abuse and endangerment cases are prosecuted aggressively, and punished harshly in Arizona.  Though the state must always prove each element of each charged crime beyond a reasonable doubt to obtain a conviction, it is notoriously difficult to get prosecutors, judges, and even juries to be sympathetic to anyone accused of committing an act that endangers or harms children.  If you have been accused of child abuse, child endangerment, or other crimes involving a risk of harm to children, contact an attorney to discuss your specific situation, including the kinds of penalties you may be facing, and begin to evaluate your possible defenses.

Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff

There are limitations on the Constitutional right to free speech, and in some cases, mere speech is punishable as a crime.  Criminal charges involving threats of death or violence against others are taken seriously by law enforcement, and punished harshly in courts of law.  It is not necessary that anyone be harmed, or even frightened, for a person to be convicted of a crime.  Threats can be communicated in a variety of ways, including verbally in person, over the phone, e-mail, text messaging, and increasingly on social media.  Conduct, with no words at all, can also constitute threatening or intimidating, from pointing to a weapon, to as little as making a fist.

If you or a loved one has been arrested, charged, or is under investigation for a threat allegation, contact the Tucson Defenders to discuss your case for free with a Tucson Criminal Defense Lawyer.  Consultations are no obligation, and can help you to better understand the law, and how it applies to your situation.

FREE CONSULTATIONS   520-585-5757

ARIZONA THREATENING AND INTIMIDATING LAW AZ Threatening Statute (ARS 13-1202)
Arizona state law punishes most criminal threats cases as Class 1 Misdemeanors.  Though not a felony, Class 1 Misdemeanor charges carry the possibility of jail time, probation, fines, and the stain of a criminal conviction.  A conviction for threatening or intimidating could have far-reaching effects in efforts to obtain employment, housing, professional licenses, in custody disputes, and more.  Threats made with the specific intent of furthering the activities of a criminal street gang are treated much more seriously, and are punishable as a Class 3 Felony (carrying a presumptive term of 3.5 years in prison, and can carry up to 8.75 years). 

Although Arizona's threatening and intimidation statute provides that threatening, when committed by a gang member, is elevated to a Class 6 Felony, the Arizona Supreme Court ruled that part of the statute to be unconstitutional.  Gang members can still be charged with felonies for threats, but prosecutors must prove that the threat was made in order to promote or further gang activity, and not solely for personal reasons.  Of course, many gang cops and prosecutors are of the opinion that all threats (or all violent crimes for that matter) serve to promote a gang's reputation for violence, and will seek the most serious charges when dealing with gang members. 

One need not be a gang member to be charged with threatening or intimidating, and no one should take these charges lightly.  Additionally, threatening and intimidation charges are often charged alongside other charges, some even more serious.  With your liberty and your record at stake, you want the best chance to avoid a conviction, or otherwise get the best result possible.

RELATED CHARGES
Domestic Violence, Assault Crimes, Weapons Offenses, Robbery, Criminal Damage, Kidnapping, Harassment, and more (ALL PRACTICE AREAS)

WHEN CAN A THREATENING CASE BE FEDERAL? (More on Federal Criminal Defense)
Arizona has some strict criminal laws, but one of the most glaring differences in possible punishment for a criminal case in Arizona state court versus federal court is when it comes to threats.  While most Arizona state cases are punishable as misdemeanors, federal threat charges can be punishable by up to 20 years in prison.  Threats can result in federal charges when made via interstate or international communications, or when made against federal officers. 

DEFENSES IN THREATENING AND INTIMIDATION CASES

• False Accusations - There was no threat made.  This can happen when a person uses a false police report to harm someone they are angry with, or dislike.  Casting doubt about an accusation requires investigation, strong cross-examination skills, and more.
• Mistaken Identity - While many crimes risk false convictions due to mistaken identity, this is especially prevalent in today's threatening cases because it may not be easy to prove who actually wrote a text message or social media post.
• Vagueness - A vague statement like "you're gonna get what's coming to you" or the like may not be enough to convict someone.  Because we have a constitutional right to free speech, laws that restrict speech must be careful not to restrict more speech than necessary to meet a compelling state interest.
• Self-Defense - Threatening physical force to defend oneself from imminent physical harm is permissible under Arizona law.  Charges may still be filed, and self-defense arguments may have to be made at trial.
• Lack of Evidence - Many threatening cases are based on uncorroborated accusations, and often have no witnesses other than the defendant and alleged victim.  Although the testimony of a single witness is legally sufficient to convict, a jury may be hesitant to do so, especially if the cross-examination of the complaining witness pokes holes in their story and credibility.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED WITH A CRIME, OR MAY BE UNDER INVESTIGATION IN CONNECTION WITH AN ACCUSATION OF THREATENING OR INTIMIDATION, CONTACT THE TUCSON DEFENDERS TODAY FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

Repeat DUI offenses are extremely common.  Often the result of alcoholism/addiction, or sometimes just bad luck, people charged with DUI more than once face the even greater wrath of Arizona's already strict DUI laws.  Going into court facing harsher punishment, it is all that much more important to have a highly-qualified, experienced criminal defense attorney you trust to fight for you.  If you or a loved one has been arrested or charged with driving under the influence (DUI) contact the Tucson Defenders today for a Free Consultation with a Tucson Criminal Defense Lawyer.  520-585-5757

Over the past two + decades, law enforcement and court emphasis on Driving Under the Influence has increased significantly.  From a reduced legal limit (.08), to the use of DUI checkpoints and saturation points, and of course to the harsher prosecution and increased penalties, there has never been a worse time to be a defendant in a DUI case.

While first time DUI is a big deal in and of itself, repeat offenders face much harsher potential penalties.  Other aggravating factors, such as an injury, the presence of a child in the vehicle, high blood alcohol, driving the wrong way, etc. certainly make a DUI case more serious.  Still yet, if these other factors are present during a first offense, it is easier to defend on the grounds of not having priors.  For example, if a person's first DUI happens to cause an injury to another person, that case may still be treated more leniently than for certain multiple offense DUI offenders. 

We have previously discussed Aggravated DUI here, and DUI Causing Injury here.  There can be substantial overlap.  For example, two ways in which a DUI can be an Aggravated DUI are for having a suspended license (due to DUI) at the time of the new case, and failing to install an ignition interlock device (IID) or tampering with the device.  In these cases, a person charged with aggravated DUI will also be charged with having a prior DUI offense.  Of course it is also possible to be charged with Aggravated DUI and/or an injury resulting from DUI for a first offense, but (again) the most strenuously prosecuted offenses will involve repeat offenders.

WHAT COUNTS AS A PRIOR OFFENSE
Under Arizona law, prior DUI convictions may only be alleged if they occurred within seven (7) years of the offense date (not the date of conviction in court).  DUIs older than seven (7) years may still be considered in crafting a sentence, but do not elevate a DUI charge to the category of Aggravated DUI.  Prior convictions need not have occurred in Arizona, though prior DUI convictions from other states may fall outside of the purview of a prior if the statute is sufficiently different (e.g. in several states, a first offense DUI conviction is not a misdemeanor). 

PENALTIES FOR MULTIPLE DUI OFFENSES
There are several different categories of repeat offense DUIs in Arizona.  A second-time misdemeanor DUI (one prior conviction occurring within seven (7) years) is punishable from 30 days to six (6) months in jail.  This is in contrast to first offense DUIs, where most people will avoid doing any jail time.  A second DUI, with a high BAC (over .20), if charged as a misdemeanor, is punishable by a minimum of six (6) months in jail.  A third DUI is punishable by anywhere from four (4) months to two and a half (2.5) years.  Additionally, repeat offenses can carry even greater penalties where high BAC or injuries are involved.  While jail is often the most dreaded criminal penalties, multiple offense DUI convictions come with high fines (in the thousands of dollars), license suspensions or revocations, probation, community service, mandatory installation of an ignition interlock device, classes, and more.

PROBATION VIOLATIONS WITH MULTIPLE DUI CHARGES
Getting a repeat DUI charge while on probation for the prior DUI poses additional challenges.  The next best thing to having no criminal record, is having an old criminal record.  When prior convictions are still so recent that the defendant is still on probation, they face the likely punishment of both violating the previous grant of probation, and for committing the new offense.  The burden of proof on the government is lower in probation violation hearings, so it is possible to avoid a new conviction and still be punished for violating probation.  In fact, it is typically a condition of DUI probation not to drive with any alcohol in ones system, so even a small amount of alcohol can result in a violation of DUI probation, and all of the consequences that come along with that.  Further compounding penalties in the case of multiple DUIs in a short time, is that often a driver is also subject to penalties for driving while their license is already suspended or revoked.

THE STATE MUST STILL PROVE THE NEW CHARGE
While the laws regarding DUI in Arizona give prosecutors numerous ways to prove a person is guilty of DUI, they do still have the burden of proof beyond a reasonable doubt.  Having a prior DUI conviction does enhance the penalties if convicted, but if there are proof problems or strong defenses with the new case, it is possible to avoid these penalties.  With more at stake than for a first offense, thorough investigation and case review, as well as legal skill and knowledge are that much more important.  If you or a loved one has been arrested or charged with driving under the influence (DUI) in Tucson, or elsewhere in Arizona, contact the Tucson Defenders now to speak with an Arizona criminal defense attorney about your case.

Our consultations are free, and no obligation.  We can discuss any questions or concerns you have, go over the general process, and begin to evaluate potential defenses in your repeat DUI case. 

520-585-5757

RELATED ARTICLES:  Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

Pursuant to the Sixth Amendment to the US Constitution, criminal defendants have a right to counsel at all stages of criminal proceedings.  While litigants in all types of cases generally have a right to hire an attorney to represent them in legal proceedings, negotiations, and the like, criminal defendants are actually entitled to an attorney at government expense, if they cannot afford a lawyer.  In both state and federal cases in Arizona, criminal defendants who can demonstrate financial need ("indigent") are entitled to free legal representation, usually a public defender. 

Both the Pima County Public Defender's Office and the Federal Defender provide excellent defense services to their clients.  While it is true that many public defenders are overworked and underpaid, their offices have competitive hiring processes, excellent training programs, and dedicated attorneys and staff.  Private attorneys are not necessarily going to provide better representation, and even some of the highest priced private attorneys

CHOICE OF COUNSEL
One of the main reasons to hire an attorney when facing criminal charges is to get to choose who will represent you in regards to such an important life event.  When you search for a lawyer to represent you, you have the benefit of being able to consult with different attorneys, gauge their experience, expertise, honesty, and how comfortable you are communicating with them.  The internet has created a great way to find out the background of your prospective attorney, as well as prior clients' experiences in cases like yours.  If you do decide to hire a criminal defense attorney, make sure that they have experience handling the type of case you're dealing with, that they have excellent advocacy skills, and that they keep a manageable caseload, and can give your case the attention it requires.  A consultation with a criminal defense lawyer should not only serve to help you answer questions you have about the upcoming process, but is also the best way for you to determine whether the lawyer has the experience, knowledge, and skill you are looking for. 
ATTORNEY PROFILES

INDIVIDUAL ATTENTION
One of the primary reasons people hire a criminal defense attorney is in hopes that they will get more individual attention to their case, and that their attorney will have more time to communicate with them.  This is not always the case.  When consulting with a criminal defense lawyer, be sure to find out whether the attorney has a manageable caseload, and makes time to communicate with clients, take phone calls, return e-mails.  While many people do complain about having difficulty getting in touch with their appointed attorneys, the same can be true of private attorneys who overload themselves with clients. 

SCOPE OF REPRESENTATION
In most instances, public defenders can be appointed at an initial court appearance, not sooner.  This means that relying on appointed counsel only may deprive a person from having early intervention by a lawyer.  A person who is under investigation or being interrogated will not be assigned counsel, but may benefit greatly from the early involvement of a defense attorney.  From investigation and preservation of evidence, to making sure that clients do not make any harmful statements or volunteer evidence to be used against them, there can be many advantages to having a lawyer on your side early.  Additionally, the representation of appointed counsel may be limited only to some of the in court aspects of the representation, and will not always assist with professional licensing, driver's license, employment, and immigration issues.  When consulting with a criminal defense lawyer to handle your case, make sure that you understand exactly what is and what is not covered under your retainer agreement.

In short, hiring an attorney is not for everyone, and may be a case-by-case determination.  When deciding who to hire, be sure to find an attorney that you trust and can communicate with easily, is experienced handling the type of case you have, and will be willing and able to put in the work to fight for you to get the best result possible.  If you or a loved one has been arrested or charged with a crime in Tucson, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.