Arizona Criminal Law Explained
Inside the Courtroom: A Lawyer’s Take on Arizona Criminal Law
Arizona Criminal Law encompasses the legal framework governing criminal offenses. This encompasses statutes outlined in the Criminal Code as well as a comprehensive body of case law shaped by judicial decisions rendered in courts and tribunals.
Arizona Criminal Law Explained
Arizona criminal law statutes codify a wide range of actions deemed illegal that may include anything from simple DUIs to major drug sales to murder. All crimes are punishable by either imprisonment, fines, or other sanctions. Arizona’s criminal proceedings, criminal sanctions, and criminal laws are comparable to those of other states. However, Arizona has complex sentencing structures and harsh penalties for any crime committed. Our experienced criminal defense lawyers can help you navigate the legal system and provide legal advice and a robust criminal defense in Phoenix.
Elements of a Crime: What Qualifies as a Crime in Arizona
In Arizona criminal law, crimes can be divided into four basic elements that the prosecution must prove beyond a reasonable doubt. Criminal acts generally require three essential elements to be present: actus reus (criminal act), mens rea (criminal intent), and the concurrence of the previous two elements. Some criminal acts may also require another element, causation.
Criminal Act (Actus Reus) – Latin for “guilty act,” actus reus refers to any unlawful voluntary act or omission of an act that takes place. Defendants must control their actions for an act to be considered criminal; however, if they act on reflex, they may not be held accountable.
Criminal Intent (Mens Rea) – For a criminal act to qualify as a crime, the defendant must have had criminal intent. Although several definitions of mens rea exist, it is generally accepted that an individual must be considered guilty if they have acted purposely, knowingly, recklessly, or negligently.
Concurrence – When criminal intent and a criminal act coexist, the burden of proof is met. If there is no evidence that mens rea preceded or occurred simultaneously as actus reus, then the burden falls to the prosecution.
Causation – Criminal cases usually have a fourth element, cause, which refers to the relationship between the defendant’s conduct and the end result of the crime. Criminal prosecutors must prove beyond a reasonable doubt that the defendant’s actions resulted in the offense, which usually involves harm or injury.
Our team of criminal defense lawyers is well-versed in Arizona criminal procedure, ensuring we provide you with expert guidance when you need it most. If you’re facing accusations, we’ll thoroughly assess your situation to determine if the alleged actions indeed constitute a crime.
Joshua Black - Attorney
“I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”
Alex
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Dean
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Taz
“They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!“
Jesse
“Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law.”
Tyler
“Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case.”
Adam
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Zat
“I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson.“
Celeste
“I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society.“
Josephine Hallam - Attorney
“Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”
Arnie
“More than a year ago, I found myself in some serious legal trouble facing the possibility of a lengthy prison sentence. My fiancé, Jackie and I decided we needed a good attorney to help us maneuver through this difficult situation. We are not rich people and we were afraid that we would not be able to find a reliable and reputable firm at a price we could afford. We searched the internet and came across Future First Law Firm. When Jackie saw the high rating and many five star reviews she convinced me to give them a call. After a short conversation with Zach, we were both convinced we had found the right firm. It took over a year and several court appearances but Zach and his team stood by my side through it all and helped me get a great plea. It was a nerve-racking process, but Zach was always patient and ready to address any concerns we had. Thanks to Future First, we are excited about our plans for the future. If you find yourself in a legal mess, I highly recommend hiring Zach and his team.“
Dustin
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Ryan Renauro - Criminal Defense Attorney
“I can’t say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help.“
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Arizona Criminal Code
Title 13 of the Arizona Revised Statutes is the codification of the Arizona criminal code. Its purpose is to:
- Prohibit conduct that unjustifiably harms individuals or the public interest
- Inform individuals of the prohibited conduct and the sentences that can be imposed when convicted of it
- Define each offense by its act or omission and accompanying mental state and limit the condemnation of conduct as criminal when it does not fall under the purposes of the rule
- Establish reasonable distinctions between serious and minor offenses, and prescribe proportionate penalties
- Deter criminal conduct through the deterrent effects of sentences authorized to ensure public safety
- Protect public peace by imposing just and deserved punishments
- Ensure the truth and accountability of sentencing
Categories of Crimes
The Arizona Revised Statutes 13-601 Classification of Offenses categorizes offenses into felonies, misdemeanors, and Petty offenses.
A. Felonies – While what constitutes a felony, Class 1-6, varies from state to state, a felony crime in Arizona is any crime punishable by a minimum of one year in prison. In Arizona, felonies are typically crimes involving property damage, danger to life, and substantial financial hardship. Examples include kidnapping, drug dealing, burglary, treason, rape, and murder.
B. Misdemeanors – An Arizona misdemeanor, Class 1-3, carries a potential punishment of up to six months in jail or a fine of up to $2,500. Probation can also be added for a maximum of three years, or 5 years for a DUI. Overall, misdemeanors tend to be less violent and involve lower levels of financial loss or general harm to victims.
C. Petty – Sometimes referred to as violations, infractions, or minor offenses, these are lesser offenses that usually result in a fine if one is proven guilty of such an offense. In some instances, such offenses are not even deemed a crime. Petty offenses are very rare in Arizona as the police usually do not charge suspects with minor offenses.
Choosing a DUI and Criminal Defense Lawyer is crucial when facing charges in Arizona’s criminal courts, be it a felony, misdemeanor, or minor infraction. Our seasoned lawyers are here to provide the robust defense you need to navigate your case with confidence. Call Today!
Arizona Criminal Statute of Limitations
Like most states, Arizona has set time limits during which prosecutors need to file criminal charges. This is what is referred to as the statute of limitations. The statute of limitations prevents prosecutors from pursuing charges against someone who committed a crime more than a certain amount of time ago.
These statutes were implemented to ensure a sense of fairness for the defendants in criminal cases and their dealings with law enforcement organizations. They protect the integrity of the case as they ensure a speedy trial where witness testimony and physical evidence still remain unadulterated.
The general time limits are:
- No time limit for Class 1 felonies, including murder, manslaughter, violent sexual assault, and other sex crimes
- Seven years for Class 2 through 6 felonies
- One year for misdemeanors
- Six months for petty offenses.
Arizona Criminal Law Explained…
In conclusion, Arizona criminal law categorizes offenses into different classes, each carrying varied punishments based on severity. Additionally, the statute of limitations varies depending on the offense’s seriousness.
Given Arizona’s stringent penalties for criminal convictions, it’s essential to have competent legal representation.
At Future First Criminal Law, our lawyers possess the experience needed to guide you through the complexities of the Arizona criminal justice system.
Take action today by reaching out to us to initiate an attorney-client relationship. Our team is ready to discuss your case and provide the support you need. Don’t Hesitate – Call Now!
Experienced Top-Rated Arizona Lawyers Protecting Your Rights and Your Future
Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.
Why Choose Us?
- Client-Centric Approach: We understand your future is at risk and your well-being is our priority. We tailor our defense strategies to your unique circumstances, devoting time and attention to each client. We work diligently to develop a personalized, thorough defense giving you the best possible outcome.
- Reasonable Flat-Fee Pricing: No hourly rates. Our flat fee is determined by the charge and the complexity of your case.
- Flexible Payment Plans: We offer payment plans to accommodate your financial situation, ensuring access to quality legal representation.
- Free Virtual Phone Consultations: Schedule a free consultation to discuss your case and explore your legal options. We’re here to help. Your future matters and it is worth fighting for.
- Local Expertise and Experience: Serving exclusively in the Phoenix Area within Maricopa County, we bring in-depth knowledge of local laws and procedures to your case. Ranked the #112 fastest growing law firm in the U.S. in 2023, we have a proven track record of successful representation. Please visit our Google Reviews.
- Dedication to Defense: Our commitment to DUI & Criminal defense ensures we provide you with informed advocacy and steadfast representation.
- Video Updates from Your Lawyer: Detailed, personalized video updates from your lawyer will address your concerns/questions.
- Educate and Advocate: We believe in empowering our clients by providing comprehensive legal guidance and unwavering support throughout the legal process.
- 24/7 Case Support: Straightforward support from our legal team throughout your case. We are available via text, email or phone.
Protect Your Rights, Schedule a Complimentary Phone Consultation
If you’re facing DUI or other Criminal charges in Arizona, it’s crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we’re dedicated to safeguarding your rights and freedoms. Contact us today to schedule your free consultation and take the first step towards a successful defense.
Top-Rated Lawyers in Phoenix Dedicated to DUI and Criminal Law
Positively Impacting Lives Through Effective Legal Advocacy, One Case At A Time!
At Future First Criminal Law, we provide strong DUI and Criminal defense representation, distinguishing us as a top choice in the Phoenix area. Focusing on a limited number of clients allows us to offer personalized attention to each case, understanding its unique intricacies. Acknowledging the high stakes involved, our devoted team diligently develops strong defense strategies tailored to each client’s needs, ensuring effective representation in court. Our goal is to level the playing field in the criminal justice system and help individuals avoid incarceration by offering valuable legal insights and unwavering support throughout the legal process. Committed to empowering our clients, we help navigate the complexities of the legal system to achieve favorable outcomes.
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Frequently Asked Questions
I’M INNOCENT! CAN YOU GET MY CASE DISMISSED?
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IF THE ALLEGED VICTIM DOES NOT WANT TO PRESS CHARGES, WILL THE CHARGES BE DROPPED?
Depending on the nature of the crime, even though a victim may withdraw from pressing charges, law enforcement (police and prosecutors) can still proceed with the charges if they choose to do so. This is very common in DUI situations and shoplifting but can happen with any crime.
WILL I HAVE TO GO TO TRIAL?
Ideally no, but it’s not always avoidable. Once your case goes to trial, your verdict will be determined; by the jury. A criminal defense attorney’s #1 goal is to resolve your case before it ever goes to trial to have the best chances of a favorable outcome. If your case does go to trial, we’ll be there to defend you.
IF I AM OFFERED A PLEA DEAL, SHOULD I TAKE IT?
Accepting a plea deal can help get a reduced charge, like having a felony reduced to a misdemeanor. That can have a massive impact on an individual trying to retain their professional license or protect their career prospects. But taking the plea deal isn’t always in your best interests — It’s the same as admitting guilt to a crime. This limits your lawyers’ ability to enforce your civil rights and get you the MOST favorable outcome possible (which could be getting your charges dropped).
DO I REALLY NEED A LAWYER IF I INTEND TO PLEAD GUILTY?
Although a lawyer can’t control whether you plead guilty or not guilty, they can provide you with the legal knowledge you need to make an informed decision. A lawyer will ensure your rights are protected, work with the courts to get you a reduced charge, a make sure you understand the process and the future implications of a guilty plea.
WHAT DOES GUILTY “BEYOND A REASONABLE DOUBT” MEAN?
During a trial, the prosecutor will present evidence to the court aimed to prove the defendants’ guilt. Upon assessing the evidence, if the jurors and judge are only able to draw one reasonable conclusion –that you were guilty– It is referred to as guilty beyond a reasonable doubt. There is simply no doubt of the defendants’ guilt and no other reasonable explanations based on the evidence shown.
WHAT IS THE JURY’S ROLE IN A CRIMINAL TRIAL?
The primary role of a jury is to determine innocence or guilt. They assess all evidence presented in a case, review facts, ask questions, and discuss amongst themselves until they conclude. The jurors must all come to the same conclusion; otherwise, it results in a “hung jury” and can lead to a mistrial.