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

Money laundering is the act of concealing the origins of unlawfully obtained money.  This process usually involves the use of seemingly legitimate businesses ("fronts") and often foreign banks and currency exchanges.  Money earned through narcotics, weapons, or human trafficking cannot be reported as income, and higher level professional criminals need "clean" money in order to spend the money they make illegally.  Money laundering treats unlawfully earned money as if it were earned legally, including paying taxes. 

Money laundering and tax evasion investigations often go hand in hand, as the "follow the money" strategy of law enforcement is more likely to yield major players engaged in large scale illegal business (most commonly drug trafficking, importing controlled substances, but also including many other kinds of illegal activity).  Money laundering investigations often result in criminal charges in federal or state court, as well as criminal and civil forfeiture proceedings.  These are not mutually exclusive, as individuals can find themselves facing state and federal charges, and being subject to asset forfeiture proceedings.  This means that in addition to the possibility of a felony conviction and prison time, subjects of a money laundering investigation may risk losing their money and other assets.

ARIZONA STATE LAWS REGARDING MONEY LAUNDERING
Arizona Revised Statutes 13-2317 defines money laundering, and breaks it down into three degrees.  First degree money laundering is the most serious, and applies when laundered money is used to further terrorism or murder.  Money laundering in the second degree covers a broad range of conduct intended to conceal the source of funds for any criminal offense, including racketeering.  Money laundering in the third degree is the least serious money laundering charge under Arizona law, but is still a felony.  Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.

FEDERAL MONEY LAUNDERING LAWS
Federal law enforcement agencies such as the Drug Enforcement Administration ("DEA"), Customs and Border Patrol ("CBP"), Federal Bureau of Investigation ("FBI"), Immigration and Customs Enforcement ("ICE"), and Bureau of Alcohol, Tobacco, and Firearms ("ATF") conduct sophisticated and thorough money laundering investigations, involving the use of surveillance, wiretaps, undercover agents, and confidential informants.  Money laundering operations are generally carefully planned and executed, requiring skilled investigations to uncover.  Local law enforcement agencies often work together with federal agencies to form task forces aimed at seizing large quantities of cash, and stopping money laundering.  In Tucson, federal money laundering charges are prosecuted by the US Attorney's Office - District of Arizona, and cases are heard at the Evo A. DeConcini United States Courthouse. Under the Federal money laundering statute (18 U.S.C. § 1956(a)(1)), the government must prove that the defendant conducted or attempted to conduct a financial transaction, knowing that the property involved in the financial transaction represents the proceeds of an unlawful activity, with specific intent, and the property must actually be derived from a specified unlawful activity.  Federal conspiracy, tax evasion, aiding and abetting, and drug trafficking laws are often heavily intertwined with money laundering prosecutions. 

AN EXAMPLE OF HOW MONEY LAUNDERING WORKS
Jerry owns a struggling restaurant in Tucson.  A childhood friend, Ray, traffics cocaine.  Ray approaches Jerry about entering into a partnership that will benefit both of them: Ray will give Jerry some or all of his drug proceeds, and Jerry will treat that money as if it were income earned by the restaurant.  As partners, Jerry and Ray will share in the restaurant profits, and be able to declare lawful income.  Ray can now buy property and spend money without arousing suspicions.  Ray is indicted in a Federal drug trafficking case after one of his employees "flips" on him in exchange for a reduced sentence.  Federal prosecutors look into Ray's finances, and find that he reports income from the restaurant.  The restaurant's operating accounts are frozen, and the government seizes the restaurant, Ray and Jerry's cars, and cash from the restaurant safe.  Jerry is now also facing federal charges, and asset forfeiture proceedings.

More Information About FRAUD CRIMES Defense
More Information About FORGERY/COUNTERFEITING Defense

IF YOU OR A LOVED ONE IS FACING MONEY LAUNDERING CHARGES IN TUCSON, CONTACT THE TUCSON DEFENDERS FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  OUR FIRM HAS EXPERIENCE WITH ALL CRIMINAL CHARGES AS WELL AS WITH CIVIL AND CRIMINAL ASSET FORFEITURE, IN BOTH STATE AND FEDERAL COURT.
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TUCSON CRIMINAL DEFENSE LAWYERS

Drug trafficking refers to the illegal drug trade, and is a global black market of various illegal substances.  Tucson's location near the US-Mexico border, and along the I-10 Freeway make the city a hot spot for illegal drug trafficking activity.  While Arizona has very strict drug laws, even pertaining to possession for personal use, drug trafficking charges are treated much more seriously.  If you have been charged with a drug possession offense, visit our Tucson Drug Crimes Lawyer page for more information.  This article is focused on the more serious drug crimes in both state and federal court.  If you or a loved one has been arrested or charged with a major narcotics trafficking offense, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson criminal defense attorney.  520-585-5757.

Read more about Arizona and Federal marijuana cultivation laws.
Read more about Arizona and Federal drug manufacturing laws.
Learn more about Federal and AZ Importing Drugs laws.

There is no substitute for experience when it comes to drug trafficking cases.  Knowing the state and local laws, as well as being familiar with the practices of the law enforcement and prosecuting agencies in paramount to mounting a strong defense against these serious charges.  A strong grasp of search and seizure jurisprudence, and great motion skills are essential to protecting your rights in a drug trafficking case.  Ultimately, in many drug cases, a motion to suppress evidence will be the most important stage in the case.  This means that the lawfulness of a search will be one of the primary issues in dispute, and can mean a complete dismissal of your case.  Other defenses include lack of knowledge, lack of intent to sell, mistake identity, false accusations, fabricated evidence, and more.

POSSESSION FOR SALE
Arizona law presumes that possession of 1 gram of heroin, 9 grams of cocaine, or 2 pounds of marijuana is possessed for sale.  Other factors, such as packaging, sales/trafficking paraphernalia, cash, lack of user paraphernalia/symptoms of drug impairment, and more can go towards establishing that drugs are possessed for sale.  Additionally, undercover operations, confidential informants, wiretapping, and surveillance sometimes yield much more direct evidence of drug sales.  Tucson narcotics trafficking cases involving smaller amounts of narcotics are more likely to be heard in state court.  Arizona's drug sales laws vary mostly depending on the drug involved.  Marijuana trafficking is serious, but not as serious as narcotics trafficking involving cocaine or crack cocaine.  Possession for sale of methamphetamine, defined under Arizona law as a dangerous drug is even more serious.  Arizona's drug laws prohibit the sales of marijuana, peyote, prescription drugs, cocaine (both powder and crack), heroin, MDMA/Ecstacy, LSD, psilocibin, nitrous oxide, and more.  Arizona drug trafficking offenses range in seriousness from Class 2 to Class 6 felonies.  Drug sales offenses are not eligible for Proposition 200 drug diversion.

ARIZONA'S SERIOUS DRUG OFFENDER DESIGNATION
The strictest application of Arizona's harsh drug laws is the designation of repeat drug trafficking offenders as "serious drug offenders."  It only takes three similar serious drug offenses to be deemed a serious drug offender.  Sentencing for serious drug offenders entails life imprisonment, without the opportunity for a suspended sentence, probation, or pardon, and parole is not available until after 25 years in prison.

CULTIVATION OF MARIJUANA AND MARIJUANA TRAFFICKING
Marijuana cultivation is illegal under both Arizona and Federal law.  While Arizona law does protect medical marijuana patients who possess cannabis for personal use, these laws will generally not extend to protect those charged with cultivation or trafficking.  Most Arizonan's do not qualify to legally cultivate marijuana, and even those who do qualify under Arizona law could still potentially face federal penalties.

MANUFACTURE OF NARCOTICS
Manufacture of narcotics (methamphetamine, PCP, LSD, MDMA/Ecstacy, concentrated cannabis, etc.) is a serious crime.  Arizona has tough laws when it comes to methamphetamine, and even harshly punishes possession or possession for sales of precursor chemicals used to produce methamphetamine and other designer drugs.  Meth labs that cause injuries, especially to a minor, carry even more serious penalties.

IMPORTATION AND TRANSPORTATION OF NARCOTICS
Tucson's location near the US-Mexico border, as well as heavy patrolling by federal agencies, results in many narcotics trafficking charges stemming from importation into the United States, as well as transport throughout the state.  Checkpoints throughout Southern Arizona, as well as traffic stops, result in a large number of drug transportation arrests.  Although privacy rights are very limited at the border crossings, there may be issues with a traffic stop that could result in the evidence being suppressed and the charges dismissed.

FEDERAL COURT DRUG CHARGES
Over 25% of federal cases are related to drug trafficking, with over 40% of drug crimes relating to methamphetamine.  The District of Arizona was in the top five districts for drug trafficking cases.  The Drug Enforcement Administration ("DEA") is the primary federal agency enforcing federal narcotics laws, but Customs and Border Patrol ("CBP"), the Federal Bureau of Investigation ("FBI"), Immigration and Customs Enforcement ("ICE"), and Bureau of Alcohol, Tobacco, and Firearms ("ATF") make a sizeable number of drug trafficking arrests each year as well.  Additionally, these agencies work together task forces, such as the West Desert Task Force, which is responsible for some of the biggest drug busts in Southern Arizona.  These federal agencies employ some of the most sophisticated law enforcement tactics available, including wiretapping, high-tech surveillance, and make extensive use of undercover agents and confidential informants to build strong cases against their targets.  In Tucson, federal drug charges are prosecuted by the US Attorney's Office - District of Arizona, and cases are heard at the Evo A. DeConcini United States Courthouse.  The most common federal drug trafficking charges include: manufacturing, distribution, possession for sale of a controlled substance, manufacturing, distribution of a counterfeit substance, conspiracy and attempt, and money laundering.  If you or a loved one is facing federal narcotics trafficking charges, contact the Tucson Defenders now for a Free Consultation, so that we can discuss your case and any possible defenses.  More info about Federal Criminal Defense in Tucson

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

Whether in state court or federal court, drug trafficking charges in Tucson are very serious and carry costly penalties, including very long prison sentences.  Our Tucson Drug Trafficking Defense Attorneys will assert your constitutional rights, and thoroughly investigating your case to get the best possible result.  Call now for a FREE CONSULTATION   520-585-5757.

Burglary is a serious crime involving the unlawful entry into a structure with the intent to commit a theft or felony therein.  Burglary is frequently misunderstood to only cover theft, but no theft needs to occur (or even be intended).  The focus in burglary cases is on two things entry and intent (at the time of entry).  A person who lawfully enters a building without criminal intent will not be guilty of burglary because of a later theft or felony.  Also, it is not necessary that the theft or felony be completed; burglary is complete at entry (with intent).  Accordingly, there is a broad range of conduct that can result in a burglary prosecution.  Unlawfully remaining in a building with the intent to commit a theft or felony is burglary, even without intent at the time of entry; the distinction being that remaining in the structure be unlawful.

Arizona law breaks burglary into three degrees:

FIRST DEGREE BURGLARY
First degree burglary is entry into a structure of another with the intent to commit a theft or felony therein, while possessing a dangerous or deadly weapon.  Armed burglary is first degree burglary whether the entry is into a residence or a commercial building.  First degree burglary of a residential structure is a Class 2 felony, whereas first degree burglary of a commercial structure is a Class 3 felony.  First Degree Burglary is punishable by 7-21 years in prison.

SECOND DEGREE BURGLARY
Second degree burglary is a burglary of a residential structure, without the additional element of knowingly possessing a dangerous or deadly weapon.  Entering the home of another person with the intent to commit a theft or any felony therein is second degree burglary, a Class 3 felony, punishable by 2-8.75 years in prison. 

THIRD DEGREE BURGLARY
Third degree burglary is entry or unlawfully remaining in a nonresidential structure or fenced yard, or breaking into a vehicle, and is a Class 4 felony, punishable by 1-3.75 years in prison.  Merely trespassing on someone else's land is not enough for burglary.  Criminal intent at the time of entry (or at the time of unlawfully remaining) is still required.

POSSESSION OF BURGLARY TOOLS
Possessing tools adapted for, or commonly used for burglary with the intent to use them for a burglary is a Class 6 felony, punishable by up to 2 years in prison.  Master keys and motor vehicle manipulation keys are specifically listed in the Arizona burglary tools statute, but many items can qualify, including tools used to remove anti-theft sensors from merchandise, and foil lined bags to prevent sensors from triggering alarms.

FEDERAL BURGLARY CHARGES
The vast majority of burglary charges in Tucson are state level charges, but Federal burglary charges are certainly possible.  In particular, burglary's involving federal government property will be charged in federal court pursuant to 18 U.S.C. 103.  Also, most bank robberies also satisfy the elements of burglary, and could be so charged, especially if easier to prove than the elements for robbery.  Burglaries involving controlled substances (such as breaking into a pharmacy or pharmaceutical manufacturing plant) are likely to result in federal burglary charges.

More General THEFT CRIMES Information
More ROBBERY Information
More SHOPLIFTING Information
More EMBEZZLEMENT Information

BURGLARY EXAMPLES
1.  James decides to go over to Harry's house with a gun to kill him.  When James goes into Harry's house, no one is home.  Harry's dog scares James, who runs away.  Although James intended to commit a homicide, that crime was not carried out.  James is, however, guilty of burglary because he entered Harry's home with the intent to commit a felony.  Because he was armed with a handgun, it is a burglary in the first degree.

2.  Erica is invited to a family friend's party at their home.  Erica did not attend the party with the intent to steal anything, but began to admire the homeowner's belongings, and decided to steal items from the home.  Erica is caught snooping around a bedroom and is asked to leave.  Rather than leave, Erica hides in a closet on her way out and waits for everyone to go to the kitchen for cake.  At that time, Erica goes back into the bedroom and takes a jewelry box, and leaves.  Erica is guilty of a first degree burglary, even though she lacked the intent to commit a theft when she first entered the home.  She unlawfully remained in the home after being asked to leave, and hid in the closet with the intent of going back into the bedroom to steal the jewelry box.

3.  Jake is a college student, living in a dorm on campus.  Being under 21, he cannot buy alcohol or go out to bars with his friends.  Jake realizes that his RA, who is over 21, looks a lot like him.  Jake waits until his RA is taking a shower one day, and goes into the RA's room to take his wallet.  Before Jake finds the wallet, he hears a noise and runs out of the room.  Because Jake already entered the room (with intent to take the wallet), he is guilty of burglary, even though he never took anything.

IF YOU OR A LOVED ONE IS FACING BURGLARY CHARGES IN TUCSON, YOU SHOULD BE AWARE OF HOW SERIOUS THESE CHARGES ARE, AND NEED A KNOWLEDGEABLE, EXPERIENCED, AND AGGRESSIVE LAWYER ON YOUR SIDE.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757

Domestic violence arrests are very common in Tucson, in Arizona, and across the country.  Addressing a longstanding failure to criminalize violent acts between spouses, police and law enforcement agencies presently place a strong emphasis on domestic violence crimes.  This article will describe some of the domestic violence offenses that people can be charged with in Arizona law.  Domestic violence charges can have serious consequences including jail or prison, immigration consequences, restraining orders, loss of firearm rights, social stigma and more.  If you or a loved one are facing domestic violence charges, be sure to take the situation very seriously. 
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Years ago, the police did not get involved in very many domestic violence situations.  Today, it is rare for police to be called out for a domestic disturbance and not to make an arrest.  For law enforcement, the worst thing that can happen after they have been called to respond to a domestic disturbance is that something worse would happen after they leave.  After all, if a couple was already angry and fighting, a visit from police might incite more anger and create a greater danger.  It is for this reason that many law enforcement agencies do everything they can to make an arrest when responding to a domestic violence call.  Some will even resort to deceitful tactics and threats (such as threatening suspected victims of domestic violence with jail or having their children taken away).  Moreover, Arizona law specifically authorizes officers to make domestic violence arrests, even for misdemeanor offenses not having occurred in their presence.  Navigating the legal waters after a domestic violence arrest can be tricky, and it is imperative to have a skilled, knowledgeable attorney on your side.

The uniquely sensitive nature of domestic violence cases has led to separate laws when dealing with already criminal acts, when they occur between couples and within family units.  Although it is against the law to hit anyone, the court system will treat a domestic violence case differently (and more seriously) than, for example, a bar fight. 

ARIZONA DOMESTIC VIOLENCE LAWS
Pursuant to Arizona Revised Statutes 13-3601, domestic violence applies to a wide range of violent crimes when the victim is a child, family member, spouse, former spouse, co-parent, a current or former romantic partner, and the like.  Domestic violence can include:  homicide, endangerment, threats, assault, kidnapping, false imprisonment, sexual assault, revenge porn, criminal trespass, criminal damage (vandalism), interfering with judicial proceedings, disorderly conduct, cruelty to animals, preventing a 911 call, making electronic threats, harassment, stalking, surreptitious photographing, domestic violence and child abuse.  Arizona law also provides for enhanced punishments in domestic violence cases involving a pregnant victim.

AGGRAVATED DOMESTIC VIOLENCE
A person charged in a third or subsequent domestic violence offense within 7 years, or who has been previously convicted of a domestic violence offense in any jurisdiction will be charged with aggravated domestic violence, a Class 5 felony.  Even if the conduct would typically only be a misdemeanor, the history of the defendant is an aggravating factor, resulting in a felony charge, as well as ineligibility for probation, and mandatory prison time.

Domestic abuse is a serious problem, and has been throughout human history.  The scary thing for defendants is that domestic violence enforcement gives some police, prosecutors, and judges a "God complex" and causes them to justify violating a defendant's rights.  False accusations, exaggeration, misunderstandings, and accidents happen, but domestic violence defendants will not get the benefit of the doubt.  False accusations can happen for many reasons in domestic violence cases, including infidelity, child-custody disputes, and an actual attacker trying to claim self-defense. 

Arizonans facing domestic violence charges need an experienced, knowledgeable, thorough criminal defense attorney to properly investigate and present their case.  A dedicated domestic violence lawyer can help get you and your family life back on track, by fighting for you to get the best possible outcome in your case, and helping you avoid future problems.

Everyone has heard the "Miranda warning" on a police TV Show or movie.  When a suspect is being placed under arrest, a police officer will say something like:

"You have the right to remain silent.  Anything you say can, and will, be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be provided to you free of charge."

In Miranda v. Arizona (, the US Supreme Court dealt with the issue of custodial interrogations.  The resulting rule was that statements a person makes during custodial interrogation can only be admitted against a defendant in court if police first informed the defendant of the right to remain silent, and the right to a lawyer.  The Court crafted an "exclusionary rule" where statements obtained in violation of a defendant's Miranda rights cannot be used against them.

The most important thing that the public can take from this opinion is to know not to make any statements to law enforcement.  The "Miranda warning" does trigger some people to stop talking, but many disregard the important rights they are being told.  If you or a loved one is ever subject to police interrogation, do not make any statements without consulting with your attorney first.  Believe it or not, police are allowed to lie, and use other threatening and deceitful tactics to elicit statements.  Additionally, the rules of evidence are such that if a suspect makes a perfect, exculpatory statement, the defendant cannot later admit that statement in court (only the prosecution can do so).  Therefore, it is virtually never in a person's best interest to speak with police if they are suspected of a crime or have been arrested.  Do not answer questions, and demand to have your attorney present immediately.

WHAT IS CUSTODIAL INTERROGATION?
Not all statements made to police qualify as being during custodial interrogation.  Spontaneous statements made by a person in custody are not made in response to questioning.  The test for whether questioning is "interrogation" is whether it is likely to elicit an incriminating response.  Custody is most easily established after a formal arrest

THE POLICE DID NOT READ ME MY RIGHTS WHEN I WAS ARRESTED
Much of the time, an arresting officer's failure to read an arrestee their rights will not have much of an impact on a case.  As discussed above, many statements that a suspect makes are not statements made during custodial interrogation.  Further, many cases do not rely on a defendant's statements.  If police fail to read someone their Miranda rights, the remedy is exclusions of any statements made during any subsequent custodial interrogation.  If no incriminating statements are made, then there is nothing to exclude.  If incriminating statements are made spontaneously, or prior to custodial interrogation, those statements will not be excluded.  Miranda violations

EXAMPLES OF MIRANDA VIOLATION SITUATIONS
1.  Daniel is arrested on an old warrant.  The arresting officers do not read him his rights, but place him in the back of the police car.  Upon booking him into the jail, police find a small bag of cocaine in his pocket.  One of the officers asks him "what's this?" to which Daniel replies "coke."  Now, the officers' failure to read Daniel his rights will mean only that Daniel's statement ("coke") will be excluded.  The actual drug, and the officers' observation that it was in Daniel's pocket are still evidence which can be used against him.  The failure to read Miranda rights will not affect the warrant in any way.

2.  Officers respond to a store that had just been robbed, and talk to the clerk.  After talking to the clerk for a few minutes, the officers do not believe the story.  The clerk quickly confesses to helping plan the robbery.  Once placed under arrest (but before being read his rights), the cops ask him why he did it, and the clerk further says "I really needed the money.  This guy said he was going to pay me $200 to let him rob the store while I was working."  The clerk's initial confession will likely not be thrown out, because it was made prior to custodial interrogation.  The additional details made after arrest could only be admitted if the officers had read the clerk his rights before the statements were made.

3.  During a traffic stop, a police officer smells the odor of marijuana in the driver's car.  She orders the driver out of the vehicle, and handcuffs him and puts him in the back of her police car.  According to her report, she read the driver his Miranda rights as she was putting the cuffs on.  She then searches the car, finds marijuana, a pipe, and a firearm.  While driving the driver to the police station, the officer asks him about the gun, which the driver says he stole from a house he had broken into.  The police are not able to connect the gun to any burglary.  Body cam footage reveals that the officer did not read the driver his rights.  The driver's lawyer files a motion to suppress the statements.  The motion is granted as to the statements about the gun being stolen.  The gun, marijuana, and pipe, can still be used as evidence against the driver, but any charge relating to the gun being stolen must be thrown out. 

IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN TUCSON, IT IS IMPERATIVE TO HAVE GREAT REPRESENTATION ON YOUR SIDE.  BEING ARRESTED, OR CHARGED WITH A CRIME, IS SCARY, AND IT CAN NEGATIVELY IMPACT YOUR LIFE IN MANY WAYS.  BUT AN ARREST DOES NOT HAVE TO LEAD TO A CONVICTION.  OUR ATTORNEYS HAVE BEATEN MANY BIG CASES, INCLUDING LIFE SENTENCES AND OTHER MAJOR FELONIES.  CONTACT US NOW FOR A FREE CONSULTATION TO DISCUSS YOUR CASE AND GET STARTED ON YOUR DEFENSE.  520-585-5757

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Theft crimes are harshly punished in Arizona, and should be taken very seriously.  In addition to criminal penalties, theft crimes are considered crimes of dishonesty and can have far reaching effects, including immigration consequences, denial of professional licenses, and difficulty finding employment.  "Theft" is a broad term that can cover a wide range of criminal charges.  While most theft-related crimes will be handled in state court, larger schemes, and theft involving mail or wire fraud can also end up in Federal Court, where the penalties can be even more severe.  Whether your theft-related case is in the state court or federal court system, you need a knowledgeable, aggressive, and experienced Tucson Criminal Defense Lawyer on your side.  Being arrested or charged with a theft crime does not mean that you will be convicted.  Contact the Tucson Defenders now for FREE CONSULTATION   520-585-5757.

COMMON ARIZONA THEFT OFFENSES
Shoplifting, issuing a bad check, embezzlement, auto theft, fraud, theft of trade secrets, theft by extortion, identity theft, burglary, and robbery.  These offenses run the gamut in terms of their seriousness and the associated punishments, as theft crimes can involve very different types of conduct.  In some cases, the value of the stolen property will be an important factor in determining the seriousness of the crime.  In burglary and robbery cases, however, the intrusion and violence, respectively, required to prove those offenses make the crime more serious, regardless of the value.  For example, robbing someone at gunpoint in their own home will be treated very seriously, even if the property taken is of very little value.  It is important to note, however, that when stolen property is valued above $1000, that theft will be a felony in Arizona.

More information about BURGLARY defense
More information about FRAUD CRIMES defense
More information about SHOPLIFTING defense
More information about AUTO THEFT defense
More information about FORGERY/COUNTERFEITING defense
More information about EMBEZZLEMENT defense

TUCSON THEFT CRIMES PROCEEDINGS
Misdemeanor thefts occurring within the Tucson city limits are heard at the Tucson City Court, whereas misdemeanor theft cases occurring in unincorporated parts of Pima County will be heard at the Pima County Justice Court.  Felony theft crimes in Pima County are heard at the Pima County Superior Court.  Federal theft crimes occurring in Tucson and surrounding areas are heard at the United States District Court - Arizona (Tucson). 

COMMON DEFENSES TO THEFT CRIMES

False Accusation - A person can claim that their property was stolen, or can accuse a particular person of taking their property, even where this is not true.  Police and prosecutors are not likely to think a person is lying about a theft crime, but with effective investigation, and skilled cross-examination, these lies can be exposed.

Mistake of Fact - Reasonable mistakes of fact can be a defense to theft crimes.  This does not mean that anyone who steals can simply say "I thought it was mine," but under the right circumstances, a defendant can avoid being punished for a theft crime if they actually had no intention of stealing anything.

Intoxication - Theft crimes are "specific intent" crimes, requiring the government to prove that the defendant had the intent to permanently deprive the owner of the property.  Someone can be so impaired as to not realize property belongs to another person, or that their action will deprive them.

Consent - It is not possible to steal property with the owner's consent.  Misunderstandings happen, most often in the context of an employment relationship. 

Borrowing/Lack of Intent to Steal - Again, theft crimes require the government to prove an intent to permanently deprive the owner of property.  Taking the property of another with the intent to return it is not theft. 

Entrapment - Entrapment is rarely an applicable defense to crimes, as law enforcement officers are trained in tactics that would fall short of a true entrapment defense.  Still, this defense should be considered in theft crimes where there is an undercover officer involved.  If the defendant is encouraged to commit a crime they otherwise would not, they may claim the defense of entrapment and avoid conviction.

With the stigma associated with theft crimes, and the collateral consequences that a theft conviction can have, fighting these charges to get a better outcome is essential.  Whether you have been falsely accused, or are guilty, you want to avoid a theft conviction.  Your Tucson criminal defense lawyer should be very familiar with the laws and defenses, and dedicated to getting you the best result possible.  If you or a loved one has been arrested or charged with a theft crime in Tucson, contact the Tucson Defenders for a Free Consultation.   Call now   520-585-5757.

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