Arizona Criminal Defense Overview

If you are facing a violent crime charge in the state of Arizona, you may not know where to turn. This charge results from someone else accusing you of threatening harm or harming another individual within the state. Violent crime charges often result in jail time, including even misdemeanor charges, after conviction.

Every accusation of a violent crime does not always end up with a conviction with a penalty. A criminal defense attorney is often present when a conviction is not given. Whatever the charges you face, Gurion Legal is ready to provide you the criminal defense you need. Our legal team will provide the legal defense to help you avoid a conviction.

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Types of and Penalties for Violent Crimes in Arizona

If you face a conviction of a violent crime, you will face a varying degree of penalties. This is dependent upon the crime itself and the details that occur at your trial. The types of violent crimes include:

  • Child abuse, molestation, and neglect
  • Arson
  • Kidnapping
  • Domestic Violence
  • Sexual assault and rape
  • Assault
  • Armed robbery
  • Homicide and attempted homicide
  • Intimidation and Threatening

As mentioned, another feature that will detail the penalty you may face is the offense level of your crime. In the state of Arizona, you can face charges of misdemeanors of classes one to three and felonies of classes six to one.

Potential jail time for misdemeanors are:

  • Class 1 Misdemeanor: Six months
  • Class 2 Misdemeanor: Four months
  • Class 3 Misdemeanor: 30 days

 

The more serious charges come with felony convictions. Prison sentencing may include:

  • Class 1 Felony: up to life
  • Class 2 Felony: 12.5 years
  • Class 3 Felony: 8.75 years
  • Class 4 Felony: 3.75 years
  • Class 5 Felony: 2.5 years
  • Class 6 Felony: 2 years

Prison sentences may increase if you have prior felony convictions.

Jail time may not be the only penalty you face. Some misdemeanor charges carry a fine of over $2,000 in Arizona, while felonies carry a maximum fine of $150,000 plus surcharges. You could also pay a bail bondsman thousands of dollars if you have a bond.

Jail time may not be the only penalty you face. Some misdemeanor charges carry a fine of over $2,000 in Arizona,

Some misdemeanors include community-based penalties too. These include community service hours or classes on anger management, for example. Speaking with a criminal defense lawyer can help you negotiate a plea that could minimize your penalty for any of the below crimes.

Child Abuse and Molestation

Child abuse as defind by ARS 13-3623 carries substantial punishments.  It can be designated as anywhere between a class 6 to a class 2 felony.  If the victim is under 15 years old then it can be punished as a dangerous crime against children as defined by ARS 13-705.  What determines the classification is whether the child was placed in a situation where they were likely to suffer death or serious physical injury and the mental state of the person committing the crime.

The punishment for Molestation pursuant to ARS 13-1410 is incredibly harsh, requiring a mandatory prison sentence of 10-24 flat years in prison, meaning you serve each day of the sentence.

Arson

Arson is a violent crime as it is the intentional destruction of another’s property. The code for this crime is ARS 13-1703 in Arizona. This crime is a class four penalty under the Arizona code of law.

When looking at a destruction of property charge, arson only occurs when a structure faces damages from fire or an explosion. There is a chance to have this crime lowered to a class five felony if the worth of the property is under $1,000. It may even become a class one misdemeanor when the valuation is under $100.

 

Kidnapping

Kidnapping charges, under Arizona Revised Statute 13-1304, can include either a class two, a class three, or a class four felony. It is dependent on the type of action the kidnapper takes.

Domestic Violence

Domestic violence is a special designation for many crimes in which the victim and perpetrator are relatives in some form, defined by ARS 13-3601. It can occur between roommates, spouses, parents, children, or even siblings. A domestic violence designation can be attached to many crimes, like assault, kidnapping, unlawful imprisonment, disorderly conduct, and more.

Sexual Assault and Rape

What we commonly call “rape” is charged as Sexual Assault in Arizona.  This charge is a class two felony. Sexual assault of a person over 18 years old carries a minimum sentence of 5.25 flat years in prison, up to 14 years, and mandatory sex offender registration.

If the victim of a sexual assault is under 15 years the offense carries increased punishment, up to life in prison for victims 12 and under.

Assault / Aggravated Assault

A basic assault charge in Arizona is code ARS 13-1203. Assault requires intentionally, knowingly, or recklessly causing a physical injury to another person; intentionally placing them in reasonable fear of imminent physical injury; or knowingly touching them with the intent to injure, insult, and provoke.

An assault can become aggravated assault under ARS 13-1204 for a variety of reasons, including:

  • Serious physical injury
  • Assault against a police officer
  • Committing an assault while another is restrained
  • Choking another person
  • And more

Armed Robbery

Armed robbery occurs when someone uses a weapon during a robbery. Typically, robbery is a class four felony. If you have a gun, for instance, with you during the robbery, you will face a class two felony charge, typically also charged as a dangerous offense.

Code ARS 13-1904 represents an armed robbery in a court of law. It is important to note that you do not have to be the individual who planned the act or stole the items. Even if you are present at the robbery and have a weapon, you may face the same charge as an accomplice under a theory of accomplice liability.

Homicide and Attempted Homicide

There are several types of homicide classified under Arizona law. First-degree murder, for instance, is code ARS 13-1105 which can face a penalty of up to life in prison as a class one felony. Negligent homicide, on the other end of the spectrum, is code 13-1102 and is a class four felony.

Another violent crime on the Arizona statute of laws is attempted homicide. This law is under code ARS 13-1001. The classification of an attempted homicide varies based on the kind of homicide attempted.

Intimidation and Threatening Behavior

Threatening and Intimidating is  classified under code ARS 13-1202. The threats can concern physical injury or property damage. In this case, you likely will face a class one misdemeanor charge.

This violent crime is a class 1 misdemeanor, unless the person committing it is a street gang member, or the offense is committed in retaliation for a victim’s reporting criminal activity or being involved in an organization established for reporting or preventing criminal activity.

Defending a Violent Crimes Charge

When speaking with a criminal defense attorney at Gurion Legal, he or she will discuss the crime you committed and any possible defenses you have. The most likely include self-defense and defense of your property against another. Another defense is if you try to protect another person, called defense of others.

Duress is a defense against a violent crime the attorney may speak with you about too. Duress is when you face a threat, though force can also be under the necessity defense to prevent injury.

Finally, a lack of a mentally stable state of mind can be a strong defense against violent crimes in Arizona.

When you commit a violent crime, you must have committed the crime intentionally and with knowledge of what you are about to do. The act must be reckless in regards to what you know and your intent too.

If you or a loved one lacks the appropriate mental state, you have a strong defense for any of the crimes above.

Starting the Process to a Violent Crimes Defense

The police will work endlessly on these serious cases.. Make sure you do not answer questions without an attorney present. The legal team at Gurion Legal will provide you answers about your rights and about defenses that may fit your case, no matter the crime.

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Well, we aren’t finished yet, but already Mr. Gurion has displayed tolerance, patience, and truly gifted knowledge in his advice and guidance for me in regard to a criminal case that is already complicated but made more frustrating, at best, by my conduct (FTA x 2) thus far. On top of that, he brings with him a genuine swagger when entering the courtroom which shows in his actions and ability to to have an amazing working relationship with the prosecutor and judge alike. I’m am truly grateful to have had this gentleman appointed to represent me. Thank You Omer, you have already blessed me more than you could ever know.

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We just finished working together after receiving the verdict that we wanted, and I must say that Omer is highly skilled in the court room and very knowledgeable of the law. He was very patient with me every time we met and thoroughly answered all my questions. He was able to adjust his schedule to accommodate me as well as personally represent me at each court hearing that was requested. He communicated quickly and effectively to me and made sure I had a complete understanding before asking what I wanted to do next. Omer was very aggressive, as this case was extremely important to me and I am very fortunate to have had him represent me, thank you Omer!

Tanner

I worked with Omer for five years. He is always professional and ready to advocate for his clients. He is incredibly knowledgeable on the law and finds creative solutions for complex problems. I would highly recommend Omer Gurion for any criminal case.

Sam

Omer Ramiro is top notch criminal defense and is very good at what he does. Omer approached my case weighing out every scenario and fully explaining to me what may or may not happen along the way. He really put me at ease during a trying time in my life and applied the right finesse to get me a very acceptable pla that would have been impossible to get on my own. Truly a great outcome for me and I’m very relieved. Bottom line hes very good and would ask for him by name. I specifically did not initially seek out Omer Ramiro but went to a very respected law firm for representation in a criminal charge against me. I was assigned Omer and I’m very glad for this and would recommend him to anyone needing help. Aside from being good at his job hes actually quite a nice guy also. A+++

Michael

Thank you Omer for helping my family and I through the one of the hardest times that we have ever gone through. I had a trial coming up in two weeks in 2 weeks when I made the decision to hire Omer Gurion and that was the best decision I have ever made. Omer prepared himself for my case in only 2 weeks and destroyed the state’s poor case against me. After working with him I can say without a doubt he is undoubtedly one of the best criminal defense attorney’s there is because he is extremely articulate, intelligent and absolutely knows the law inside and out. The jury came back almost immediately with a “not guilty” verdict. I can’t even truly express how relieved I felt at that moment and it is all thanks to Omer and the defense team he works with. I say emphatically that you can count on Omer Gurion.

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I was in contact and worked with a couple of attorneys from the Rosenstein Law Group and was provided solid legal services but it wasn’t until I had the privilege of having Mr. Gurion on myside that I felt some bit of peace of mind or a little bit at ease. I’m sure Mr. Gurion had several clients while he was working with me, yet I never felt like just a number to him; I always felt like I was his number one priority. Mr. Gurion was never too busy to reply to an email or answer a call from me. Mr. Gurion was always calm, cool and collected and reassured me that everything was going to be OK for me and my family. Not only did Mr. Gurion reassure me, more importantly he delivered. I am a free man because of Mr. Gurion. If anybody is in need of legal assistance I would without a second thought I would highly recommend Mr. Gurion.

Jonathan

My son had a DUI arrest hanging over his head. We hired Omer to guide us through the process. He carefully outlined and explained all options available. He advised my son on a course of action based on his knowledge of the law and his experience. His advice was spot on. His guidance and responsiveness helped relieve the stress of the situation. We highly recommend Omer. You can put your confidence in him.

Dana

September 23, 2019

I was really in trouble and I wentto Rosenstain Law firm because of it was close by my home. Then I met with Omar and he checked my case and told me all of the things gonna happen . However, he trusts himself a lot which is very important for me. First when I received my warrant he directed me very well and took me out of the jail in 2 hours and reduced the bail from 25 k to $500. And at the end case was dismissed. He always believed me and did his best. I am so sad that I did not meet him before. I would highly recommend to work with him because you can just trust him and don’t keep your mind busy with court. He will do anything for you, and he knows what he is doing very well. I appreciate for all of his afford and making my case so easier.

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Omer was not only extremely knowledgeable and efficient as an attorney but was very caring and supportive during a very difficult time for our family. Omer even followed up after the resolution to make sure we had everything we needed. I would recommend Omer Gurion highly. Thank you Omer!

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Samantha Knobbe

Omer is an excellent lawyer. He is known in the legal community as a skilled and prepared attorney. He is a fierce advocate for his clients.

Samantha Knobbe

Criminal Defense Attorney

One of the best criminal defense attorneys available. Incredibly knowledgeable, compassionate and communicative. Would absolutely recommend for any of your criminal defense needs. One of the best litigators with a client-centered focus. 10/10

Shannon McShay

Everyone at this firm is amazing Lisa is one of the strongest and nicest females on this planet and we need more of those, Omer doesn’t take the easy way out and fights FOR YOU, for a small growing firm they are the best in the business hands down, I have never had to deal with lawyers and attorneys before but I’m glad that this was my experience, having Gurion represent me was the best thing ever and we came out on top thank you guys again for everything!

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