July 2011 Archives

July 28, 2011

Felony DUI Penalties, AZ DUI Laws Overview
"In dollars and "sense" the cost of retaining a good Mesa DUI defense lawyer, is far less a price, than fines, fees, costs, and your freedom, if convicted of a Mesa felony DUI."
If you were charged with felony DUI in Mesa, AZ you should consult a Mesa DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Mesa exposes you to severe penalties. You will need a strong Mesa Felony DUI attorney to defend your Felony DUI charges.

Felony DUI - Arizona Laws:
There are three factors that will aggravate a Mesa Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. "Felony DUI" charges are also known as "Aggravated DUI charges":
1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while you were driving on a suspended, restricted or revoked drivers license - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The new Mesa DUI charge is your third DUI in 7 years. At least two of the prior DUI charges resulted in convictions within the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with driving impaired, DUI, DWI, or Drunk Driving, with a child under 15 years of age was a passenger in the vehicle you were driving - Class 6 Felony

DUI Penalties - Felony DUI Sentencing in Arizona
A Felony DUI conviction for Mesa DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentencing ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record

(The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law).

Felony DUI Penalties for a Mesa DUI conviction may be "aggravated" or
"mitigated". Aggravated penalties are factors that surround your Mesa DUI that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Mesa DUI Lawyer - Felony DUI Defense Mesa AZ
The judge will not offer you leniency, out of compassion or the fact that you do not have good legal representation by a Mesa DUI attorney. Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find those mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, that often defendants feel that the situation is hopeless, and they do not feel even a DUI Attorney can help them. However, Felony DUI charges are often dismissed completely, or in part, by good Mesa DUI defense attorneys. A qualified Mesa DUI lawyer or AZ criminal defense lawyer can defend any Mesa Felony DUI charge regardless of the severity or classification. Good Mesa DUI lawyers often are able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Mesa DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Mesa DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

Continue reading "Find out what "Aggravated Factors" elevate a Misdemeanor DUI to a Felony" »

July 26, 2011

Tempe DUI Lawyer | Felony DUI | AZ DUI Defense | AZ DUI Laws

Q. Is a Tempe AZ DUI charge a Felony or Misdemeanor?
A. Tempe AZ DUI charges can be classified as either a Felony or Misdemeanor. A majority of Arizona DUI charges are classified as Misdemeanors. Examples of misdemeanor DUI include the following:
• Impaired driving to the Slightest Degree
• Impaired driving with Blood Alcohol Content -BAC Over 0.08%
• Impaired driving with a BAC Over 0.15%
• Impaired driving due to drugs - "Drugs" can include legal or illegal drugs; prescription or non-prescription drugs; dangerous or non-dangerous drugs; or drugs combined With alcohol
• DUI, DWI, Drunk Driving while driving a Commercial Vehicle
• Underage 21 drinking - With or without driving
• First Time DUI & Second DUI non-extreme Blood Alcohol Content Level - BAC
• First Time Extreme DUI & Second Extreme DUI

Q. What is the difference Between a Felony DUI and Misdemeanor DUI in Tempe AZ?
A. The main differences between a Felony DUI verses Misdemeanor DUI are primarily "aggravating" factors that surround an Arizona DUI charge, and the severity of the penalties. A "Felony DUI" is also known as an "Aggravated DUI". "Aggravating factors" are those things that cause a DUI to be more serious or dangerous. By Law, Arizona imposes more serious sentencing and penalties on Felony DUI charges.

Q. What are some "aggravating factors" that turn a Tempe Misdemeanor DUI into a Felony DUI in Tempe AZ?
A. According to Arizona Law "Aggravating factors" can cause a Misdemeanor DUI to be elevated to a Felony DUI Charge in Arizona. Below are examples of five aggravating factors. The top three are the most common:
1) DUI with at least 2 prior DUI convictions on record within the last 7 years;
2) DUI while driving on a suspended or revoked driver's license;
3) DUI with a child under age 15 as a passenger in the vehicle you were driving;
4) DUI with injury and drunk driver causes an auto accident which results in bodily injury or substantial bodily harm to another person;
5) DUI manslaughter - causing a fatal auto accident while under the influence of alcohol or drugs.

Q. What type of the penalties will I face for a Misdemeanor DUI in Tempe AZ?
A. Different minimum and maximum penalties, plus mandatory sentencing guidelines apply to various types of Tempe misdemeanor DUI charges. Generally, jail time for a Tempe Misdemeanor is no less than 1 day, and no more than one year. Other penalties apply as well depending on the facts and classification of the DUI. In general misdemeanor DUI convictions can expose you to a range of sentencing including but not limited to the following depending on the facts of the Tempe AZ DUI:

1) 1 day in jail to 120 or 360 days in jail;
2) $250.00 + 80% surcharge;
3) $500.00 to $1250.00 incarceration assessment;
4) $500.00 DPS to $1250.00 DPS;
5) $250.00 Abatement Fee;
6) Incarceration expenses and cost (jail or prison);
7) Court Ordered Alcohol or Drug Screening and Treatment Expenses;
8) Probation & Fees;
9) Driver's license suspension up to 90 days; that range to revocation of driver's license for 1 year;
10) Mandatory Vehicle Ignition Interlock Device at Defendant's expense;
11) Mandated Ignition Interlock Device at Defendant's expense for specified time under law based on misdemeanor DUI classification.

Q. How are Tempe Felony DUI Charges classified?
A. The Felony Classifications are categorized into 6 levels: Class 1 through Class 6. The Class 1 DUI felonies are the most serious charges and carry the highest severity of penalties. The severity of sentencing and penalties increases incrementally in accordance with the severity of DUI. But even the lesser of punishments can be adversely life altering for a Class 6 felony.

Q. What are some of the penalties that apply to a Tempe Felony DUI conviction:
A. Felony DUI charges in Tempe AZ or any other jurisdiction in Arizona are very serious and this is reflected in the Penalties that can be imposed. Among other penalties a felony DUI conviction will expose you to the following:
1) Lengthy prison sentences verse jail time for a misdemeanor DUI charge; An Arizona aggravated DUI or felony DUI conviction will leave you with a felony on your criminal record; Jail from 1 day to 1 year; prison form 4 months to 2 ½ years;
2) Revocation of drivers' license privileges for 3 years and other harsh penalties at the discretion of the Judge; 4) Felony DUI Fines, Fees, court costs are significantly higher;
3) Length of time for which the ignition interlock device will need to remain on your vehicle will be longer and exceeding a year for a Felony DUI conviction.
4) Fines, fees, & costs will be significantly higher for a felony DUI. Arizona Felony DUI convictions for which you may expose: This is just an example of at least one Tempe Felony DUI. All classes are subject to there own minimum and maximum penalties. Below is an idea of additional penalties that may apply:
5) Exorbitant Fines may be imposed up to $150,000.00 plus 80% surcharge;
$1500 prison assessment;
$250 abatement fee; Extended probation, Supervised Probation w/ Monitoring for drug and alcohol sobriety.
Psychological and chemical dependence Screening Costs;
Participation in Alcohol or Drug Treatment Program

Continue reading "Felony DUI: The difference between Misdemeanor DUI and Felony DUI charges" »

July 22, 2011

Felony DUI Penalties, AZ DUI Laws Overview
"In dollars and "sense" the cost of retaining a good Scottsdale DUI defense lawyer, is far less a price to pay than the monetary fines, fees, costs, and your freedom, if convicted of a felony DUI in Scottsdale."

If you face felony DUI charges in Scottsdale, AZ you should consult a Scottsdale DUI lawyer as soon as possible to discuss your charges and defense options. A felony DUI conviction in Scottsdale exposes you to severe penalties. You will need an experienced Scottsdale DUI attorney to defend your felony DUI charges.

Arizona Felony DUI Laws:
There are three factors that will aggravate a Scottsdale Misdemeanor DUI and elevate it to a Felony DUI, also known as Aggravated DUI charges:
1) A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The Scottsdale DUI charge is your third DUI charge in 7 years. You were convicted of at least two prior DUI charges during the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) Your current Scottsdale DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. - Class 6 Felony

DUI Penalties - Felony DUI Sentencing in Arizona
A Scottsdale Felony DUI conviction exposes you to mandatory AZ DUI sentencing guidelines. Each case has its own unique circumstances that may affect the Felony DUI sentencing if convicted. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Felony criminal record;
• Jail time ranging from one day to one year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Use of Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fee;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Lengthy supervised probation.

*The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.

Felony DUI Penalties for a Scottsdale DUI conviction may be "aggravated" or
"mitigated". Aggravated penalties are the result of those factors that surround your Scottsdale DUI that support the prosecution's case against you. These are factors that will warrant more serious DUI punishments. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Scottsdale DUI Defense - Felony DUI Charges in Scottsdale AZ
The judge or prosecution will not offer you leniency, out of compassion or the fact that you are not being represented by a private Scottsdale DUI attorney. Without compelling arguments presented or motions filed by your Scottsdale DUI Defense Lawyer on your behalf, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find mitigating factors that may lead to more lenient penalties if you are convicted of a felony DUI charge.

The felony DUI penalties are so severe, and intrusive on a person's life, that they may feel that the situation is hopeless and do not think a Scottsdale DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Scottsdale DUI defense attorneys. A qualified Scottsdale DUI lawyer or AZ criminal defense lawyer can defend any Scottsdale Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Scottsdale DUI lawyer is able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Scottsdale DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Scottsdale DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

Continue reading "Aggravated DUI Penalties: Felony DUI penalties include prison terms, and revocation of driver's license for 3 years. Find out to effectively defend your charges, and protect your rights." »

July 15, 2011

AZ DUI Law & Felony DUI Penalties
"The cost of retaining a good Gilbert DUI defense lawyer is far less a price, than fines, fees, costs, and your freedom, if convicted of Gilbert felony DUI Charges"
If you were arrested for felony DUI charges in Gilbert, AZ you should contact a Gilbert DUI lawyer as soon as possible to discuss your case and defense options. A felony DUI conviction in Gilbert exposes you to severe penalties. You will need a qualified Gilbert DUI attorney to defend your Felony DUI charges.

Felony DUI - Arizona Law:
There are three factors that will aggravate a Gilbert Misdemeanor DUI resulting in escalation of the Misdemeanor DUI to a Felony DUI. "Felony DUI" charges are also known as "Aggravated DUI charges":

1) A.R.S. §28-1383(A) (1): (Paraphrased) You were arrested for DUI while your drivers license was suspended, restricted or revoked - Class 3 Felony

2) A.R.S. §28-1383(A) (2): (Paraphrased) The current DUI charge is your third DUI in 7 years and at least two of the prior DUI charges resulted in convictions during the last 7 years. - Class 3 felony

3) A.R.S. §28-1383(A) (3): (Paraphrased) You were charged with DUI DWI while driving with a child under 15 years of age was a passenger in the vehicle - Class 6 Felony

DUI Penalties - Felony DUI Sentencing in Arizona
A Felony DUI conviction for Gilbert DUI charges exposes you to mandatory AZ DUI sentencing guidelines. The mandatory DUI penalties under Arizona Law include, but are not limited to the following:

• Jail Sentences ranging from 1 day to 1 year;
• Prison time from 4 months to 2 ½ years;
• Revocation of your drivers license for 3 years;
• Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fees;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;
• Supervised probation;
• Felony criminal record

Felony DUI Penalties for Gilbert DUI convictions may be "aggravated" or
"mitigated". Aggravated factors are those that support the prosecution and warrant more serious DUI penalties. Mitigating factors are circumstances or evidence that support your DUI defense and warrant less serious penalties.

Gilbert DUI Lawyer - Felony DUI Defense Gilbert AZ
Without compelling arguments presented or motions filed by your DUI Defense Lawyer, the judge or prosecution will not generally offer mitigated sentencing. Experienced Gilbert DUI Defense Attorneys lawyers know what to look for and obtain evidence needed to argue for mitigating sentencing if you are convicted of a felony DUI charge.

Some Defendants do not realize that a Felony DUI charges is not a conviction. They think since they were arrested, they must be guilty. A qualified Gilbert DUI lawyer or AZ criminal defense lawyer will encourage you to avoid that mind set. Any Gilbert Felony DUI charge can be challenged, regardless of their classification. Good Gilbert DUI lawyers are often able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Continue reading "Aggravated DUI Laws: Find out what aggravating factors will raise a Misdemeanor DUI to a Felony DUI." »

July 13, 2011

If you have been arrested for felony DUI in Arizona, you will need to consult a Phoenix DUI lawyer as soon as possible to discuss your charges and defense. A felony DUI in Phoenix exposes you to severe penalties and sentencing if convicted including prison time. You will need an experienced Arizona DUI lawyer who defends felony DUI charges in Phoenix on a regular basis.

Arizona Felony DUI Laws:
There are three aggravating factors that will escalate a Phoenix Misdemeanor DUI charge to a Felony DUI charge in Phoenix AZ.
A.R.S. §28-1383(A) (1): (Paraphrased for Legal Ease) You were arrested for AZ DUI while your license was suspended, restricted or revoked (Class 3 Felony).

A.R.S. §28-1383(A) (2): (Paraphrased for Legal Ease) This is your third DUI charge and you have at least two prior DUI convictions within the last 7 years. (Class 3 felony).

A.R.S. §28-1383(A) (3): (Paraphrased for Legal Ease) You were arrested for DUI and there was a child under 15 years of age was a passenger in the vehicle. You were driving. (Class 6 Felony).

DUI Penalties - Felony DUI in Arizona
A Phoenix Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances that may affect the DUI penalties ordered by the judge in the event of a DUI conviction. The mandatory DUI penalties under Arizona Law, may include, but are not limited to the following:

• Long Term Felony criminal record;
• Jail time that ranges from one day to one year;
• Prison time from 4 months to 2 ½ years of incarceration;
• Revoking of your drivers license for 3 years;
• Lengthy supervised probation;
• Use of Ignition Interlock Device at your expense;
• Fines of Up to $150,000 plus 80% surcharge;
• $1500 prison assessment;
• $250 abatement fee;
• Probation fees;
• Costs for Drug or Alcohol Treatment Screening;
• Costs for Drug or Alcohol Counseling or Treatment Program;

The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.

DUI Penalties for a Phoenix DUI conviction may be "aggravated" or
"mitigated". Aggravated punishments are factors surrounding your Phoenix DUI that support the prosecution's case against you and warrant more serious and additional DUI penalties. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious punishments.

Defense Lawyers for Felony DUI in Phoenix
The judge or prosecution will not generally offer mitigated sentencing without compelling arguments presented or motions filed by your Phoenix DUI Defense Lawyer on your behalf. A good Phoenix DUI defense attorney will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties in the event of a felony DUI partial or complete conviction.

The felony DUI penalties are so severe, and disruptive on a person's life, that they sometimes become overwhelmed and feel that the situation is too hopeless to hire a defense attorney. However, a qualified Phoenix DUI lawyer or AZ criminal defense lawyer can defend any Phoenix Felony DUI charges regardless of the severity or classification of the charges or the amount of your Blood Alcohol Content or BAC levels. In many cases they can get evidence dismissed; charges reduced to a Misdemeanor DUI or other reduced charge; or get the felony DUI charges completely dismissed. Early retention of an experienced private Phoenix DUI attorney drastically increases your chance of getting a good outcome in your Felony DUI case. To the contrary going without representation of a good private DUI or criminal defense lawyer, is the quickest path to a Felony DUI conviction in Phoenix with harsh and mitigated penalties.

Continue reading "Felony DUI Charges: Find out why you were charged with a Felony DUI instead of a Misdemeanor DUI, and how to defend your charges." »

July 11, 2011

"No Probable Cause to Arrest"

If the Phoenix police did not have "probable Cause to Arrest" the arrest was unlawful. An illegal arrest can lead to a dismissal of your Criminal or DUI charges

If you are arrested in Phoenix AZ for a DUI or Criminal charge, an experienced Phoenix DUI or Criminal Defense Attorney will tell you that the burden of proof is shifted to the police to justify probable cause. This standard is a higher level, or more difficult to achieve, than that of t and more strict than "reasonable suspicion" to stop, as for example in the case of an AZ DUI stop. You should consult an Arizona criminal defense or DUI attorney as soon as possible to discuss your options and defenses.

If it is determined that no probable cause existed for your Phoenix Arizona Arrest then the arrest was in violation of your constitutional rights, the DUI or criminal charges resulted from an unlawful arrest and should dismissed. This constitutional right is part of the Fourth Amendment of The United States Constitution. This defense is used frequently in the case of "search and seizures" of property or person related to drug, alcohol, or other suspected criminal activity by the police.

If you hire a good criminal defense or DUI attorney who practices frequently in Phoenix AZ, they will immediately begin to gather and examine evidence on your case. If the attorney finds feels there was no justifiable "Probable Cause to Arrest" you, then an evidentiary hearing will be requested to challenge this critical weakness by the Prosecution. Sometimes the evidence the officer used is of a subjective nature making it more easily challenged. The prosecution will generally argue its case at that time for the state. If necessary your criminal defense attorney or DUI lawyer will draft and file a motion to dismiss your charges completely for prior to your DUI or criminal charge arrest Put simply, if the judge rules there was "no probable cause for arrest", then any and events that occurred after then is to be considered irrelevant. This usually leads to a case dismissal of the charges.

Good Phoenix Criminal Attorney never underestimates the power details you provide and identifies crucial defenses on your behalf from many of those details. Make sure you hire a Criminal Defense Attorney who practices frequently in Phoenix Arizona, who has a great amount of defense and litigation experience, and with whom you have an open and frequent line of communication. The sum of these factors can lead you to a total case dismissal, reduction of charges or the best possible outcome in your case.

Continue reading ""Probable Cause" for Arrest: If police did not have "probable cause" to arrest you, then the arrest was unlawful." »

July 7, 2011

AZ Felony Mandatory Sentencing Guidelines
Despite AZ "Mandatory Sentencing" Laws, a good AZ criminal defense lawyer may still be able to get your Tempe felony or Tempe DUI charges dismissed. If that is not possible they will labor to get a reduction in charges from a felony subject to "Mandatory Sentencing Guideline down to a "Standard Felony". This would allow you to avoid prison, and be eligible for probation.

Felony Charges
If you were arrested for felony charges in Tempe AZ. you should consult a good Tempe criminal lawyer to discuss your charges and defense options as soon as possible. Know that just because you were charged with a felony, does not mean you will automatically be convicted. There is a lot of room for challenging felonies. But it means you will need to hire a private practice AZ criminal defense lawyer to defend you. Arizona has some of the toughest penalties for felony convictions in the country. A conviction can expose you to harsh punishments such as lengthy jail time; long prison terms; restitution; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following you for years into the future.

Tempe Arizona "Mandatory Sentencing Laws" for Felony Charges
In the state of Arizona, certain felony charges including but not limited to dangerous, violent crimes; sex crimes; assaults involving use of a deadly weapon; assault and battery with a weapon; armed robbery; or repeat offenses; are subject to Arizona's Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701.
If convicted of particular felonies, you will not be eligible for probation as an alternative to jail or prison. Rather, you will be required to serve a prison term within a certain range for that crime. The AZ judge also has authority at their discretion to order a more severe punishment depending on the circumstances surrounding the felony charges.
Despite Arizona's Mandatory Sentencing Laws, it is not uncommon for a good Arizona criminal defense lawyer to get more favorable outcomes such as acquittals; dismissal of all or a portion of the charges; reduction in charges to a "Standard Felony", thereby avoiding prison, and allowing the defendant to be eligible for probation.

Tempe Criminal Lawyer - Defense for Felony Criminal Charges
It is critical that you hire a good felony defense or felony DUI area who is an experienced litigator, with a proven and successful defense track record. Top criminal lawyers who defend felony criminal and DUI charges in Tempe understand that a good defense has two extremely critical points to target in order to get you the best outcome possible:

1) The Defense:

Gathering Evidence, filing early procedure motions in your defense, attending conferences and hearings, hiring experts, having DUI blood evidence retested, and using all opportunities to challenge evidence in order to suppress it; building a strong defense case, and attempting to get the felonies dismissed, or an acquittal.

2) The Sentencing Stage:
If a dismissal of charges can not be achieved, then a good private criminal attorney will fight hard to ensure that you will get the best possible outcome in your case. This involves active plea efforts by your attorney including the presentation and argument of mitigating factors, evidence and reasons why you deserve a lesser charge and/or reduced sentencing on your behalf.

Bottom line, your best chance at getting a felony acquittal, dismissal or otherwise good outcome, is to hire the best Arizona criminal defense or AZ felony DUI lawyer you can find.

Continue reading "Felony Charges: Felony charges will expose you to harsh Mandatory Sentencing Guidelines. Find out why you should not plead guilty without qualified legal representation." »

July 5, 2011

AZ Felony Mandatory Sentencing Guidelines

Arizona's adopted "Mandatory Sentencing" guidelines for serious felonies. Here's how the best AZ criminal defense lawyers may still be able to get your felony charges partially or completely dismissed. In alternative they may be able to fight for a reduction in charges to a "Standard Felony" or even a misdemeanor. This reduction in charges could mean you would avoid prison; thus allowing you to be eligible for probation instead.

Gilbert AZ Felony Charges
If you face AZ felony charges in Gilbert AZ. you should hire the best Gilbert criminal defense lawyer possible to defend you. A criminal charge is far from a conviction. You are not convicted unless you are proven to be guilty The law allows for you to be entitled to a defense. Use it. Your best chance at a good outcome is to use a private practice AZ criminal defense attorney who defends Gilbert felonies on a regular basis.

"Mandatory Sentencing" Penalties | AZ Felony Convictions
Arizona State Law is harsh on felony convictions. Most people have too much to lose to accept a conviction. This is particularly the case if a serious felony conviction subject to Arizona's "Mandatory Sentencing Laws". Such felony conviction penalties under "Mandatory Sentencing Laws" make you ineligible for probation. If convicted, you will be exposed to long prison terms, even for life, within a certain range for the crime; exorbitant fines; probation with interlock monitoring device (ankle bracelets); and a felony criminal record that will following with adverse impacts on your life for many years. The Arizona judge also has authority to order more severe punishments depending on the circumstances surrounding the felony charges.

Types of Felonies Subject to AZ "Mandatory Sentencing Laws"
In Arizona, serious felony charges are subject to Arizona's Mandatory Sentencing Laws referred to under A.R.S. 13-601 and A.R.S. 13-701. These charges including, but are not limited to the following:
1) Dangerous or violent crimes;
2) Sexual assault or other violent assault crimes;
3) Assault with use of a deadly weapon;
4) Assault and battery with a weapon;
5) Armed robbery
6) Repeat offenses;

Defense Lawyers in Gilbert AZ for Felony Criminal Charges
It is crucial for you to hire the best criminal defense lawyer possible; preferably an experienced litigator, with a successful defense and trial record. There are two primary stages during the criminal justice process that top Gilbert Defense Lawyers use to achieve the best outcome of getting an acquittal, charges dismissed, or sentencing reduced.

1) The Defense Stage: Gathering Evidence; filing early procedure motions participating in pre-trial conferences and hearings, hiring experts; having DUI chemical evidence retested; deposing or interviewing witnesses including the police; challenging weak evidence; looking for reasons to get flawed evidence suppressed; deciding on a winning defense strategy based on the facts.

2) The Sentencing Stage: If there is no chance of getting the charges dismissed based on the strength of the prosecutions evidence, then your defense attorney will shift to the next stage which is sentencing. Your Gilbert criminal lawyer will present mitigating factors (facts that are in your favor), exculpatory evidence, and reasons why you deserve a lesser charge or reduced sentence.

Continue reading "Mandatory Sentencing Guidelines: Types of felony charges that will expose a defendant to Mandatory Sentencing that includes lengthy prison terms." »