08|2023
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
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
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 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
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 »
01|2023
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 »
05|2022
A voluntary confession occurs when a suspect makes a non-coerced admission. In other words, the statement is not a product of a coercive police environment. Indeed, criminal confessions are presumptively involuntary. A criminal defendant has the burden of raising a voluntariness issue to the Court. This is the “burden of persuasion”. The State has the… Read more »
05|2022
Contrary to public thought, there is no constitutional mandate that an entire case be dismissed if law enforcement does not read a person the Miranda rights.
