08|2023

What is Criminal Damage in Arizona?

What is Criminal Damage in Arizona? Criminal damage is either a misdemeanor or felony. This is a serious offense that may result in significant legal consequences, including incarceration, fines and restitution. In addition, criminal damage is a “domestic violence” eligible offense per A.R.S. 13-3601(A). Indeed, the domestic violence designation imposes additional consequences upon a convicted… Read more »

08|2023

What is Disorderly Conduct in Arizona?

A commonly asked question is what is Disorderly Conduct in Arizona. Indeed, Disorderly conduct is an Arizona criminal offense with a broad definition. Specifically, it includes any behavior disrupting a community’s or community member’s peace and order. This can include a wide range of actions anywhere from yelling and screaming in public to brandishing or… Read more »

08|2023

What is Reckless Driving in Arizona?

Reckless driving in Arizona occurs when a person operates a vehicle in a manner that exhibits a willful disregard for the safety of people or property. Indeed, this offense is a Class 1 or Class 2 Misdemeanor in Arizona, depending on whether it is a second or first offense, respectively. Specifically, Arizona Revised Statute 28-693… Read more »

07|2023

Aggressive Driving in Arizona

Aggressive Driving in Arizona is a Class 1 Misdemeanor. Arizona Revised Statute 28-695 defines this offense. Indeed, the statute does not necessarily require a subjective interpretation of “aggressive”. Rather, the statute clearly details what the State must prove to convict a driver of Aggressive Driving. Specifically, A.R.S. 28-695 states: A person commits Aggressive Driving if… Read more »

04|2023

Use of Physical Force in Self-Defense

A common question people ask is when to use physical force in self-defense. Knowing self-defense law is the best way a person can protect themselves, physically and legally. In a legal situation, it is important to know the limitations in using self-defense. Obviously, the primary goal of self-defense is to defend oneself against a reasonable… Read more »

04|2023

What is Underage “Baby” DUI in Arizona?

What is an underage DUI in Arizona? Arizona has a special “Baby DUI” for underage drivers who consume alcohol or drugs prior to driving. A.R.S. 4-244(34) defines “Baby DUI”. Indeed, the difference between an underage driver DUI and an adult driver DUI comes down to proof requirements. In an adult DUI, the State must prove… Read more »

01|2023

What is a Conviction Set-Aside?

A common question people ask is what is a conviction set-aside? A set-aside changes the labeling of the conviction from “guilt” to “set-aside”. Also, it takes away certain negative consequences a “guilty” label carries. Indeed, A.R.S. 13-905 allows most misdemeanor and felony convictions to be set-aside. However, certain crimes may not be set-aside. Specifically, dangerous… Read more »

Wrong Way Sign with symbol for wrong way on top and letters wrong way on bottom. Colors are red and white.

01|2023

Aggravated DUI Driving Wrong Way on Highway

An Aggravated DUI driving wrong way on the highway is a class 4 felony in Arizona. A.R.S. 28-1383(A)(5) defines the elements of the offense the State must prove beyond a reasonable doubt. Indeed, the State must prove a person was (1) driving or in actual physical control of a motor vehicle; (2) while impaired or… Read more »

Person Sitting in vehicle from back seat; Person in rear view mirror frustrated

01|2023

Aggravated DUI Ignition Interlock Device

An Aggravated DUI Due to an Ignition Interlock Device requirement is a Class 4 Felony in Arizona. ARS 28-1383(A)(4) defines this offense. Indeed, a person who (1) drives or is in actual physical control of a motor vehicle; (2) while impaired or with a blood alcohol content of .08% or greater; (3) and required to… Read more »

View from inside car from middle of rear seat with a view of lights with light-tails

01|2023

Aggravated DUI With a Minor Under 15 Years Old

Aggravated DUI with a Minor under the Age of 15 in the vehicle is a Class 6 Felony in Arizona. Indeed, this Aggravated DUI theory is the only felony DUI in Arizona punishable as a Class 6 Felony. Rather, the other four Arizona Aggravated DUI theories are all punishable as Class 4 Felonies. However, although… Read more »