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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.
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 a lawyer-client relationship. Our dedicated team is ready to discuss your case and provide the support you need. Don’t Hesitate – Call now to speak with a member of our legal team!
Frequently Asked Questions
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?
IF I AM OFFERED A PLEA DEAL, SHOULD I TAKE IT?
DO I REALLY NEED A LAWYER IF I INTEND TO PLEAD GUILTY?
WHAT DOES GUILTY “BEYOND A REASONABLE DOUBT” MEAN?
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.
Top-Rated Legal Team Dedicated to DUI and Criminal Law
Positively Impacting Lives Through Effective Legal Advocacy - One Case At A Time!
At Future First Criminal Law, we believe everyone deserves a second chance. That’s why we provide strong, strategic DUI and criminal defense representation, setting ourselves apart as a trusted choice in the Phoenix area.
Our approach is simple but impactful: by focusing on a select number of clients, we ensure each case receives the personalized attention it deserves. We take the time to understand the unique details of your situation, because no two cases are the same.
We know what’s at stake. Our dedicated team works tirelessly to craft tailored defense strategies that protect your rights and safeguard your future. From leveling the playing field in the courtroom to guiding you through every step of the legal process, our goal is clear: to help you avoid incarceration and move forward with confidence.
At Future First Criminal Law, we’re more than your legal advocates—we’re your partners in navigating the complexities of the justice system, empowering you to achieve the best possible outcome.
