Having your driver’s license revoked (meaning your driving privileges have been removed for some period of time) after a DUI can be a source of significant hardship. Suddenly, getting to work or school becomes much more difficult, and if you’re looking for a job, not having a car can be a big problem, even if you have other means of transportation. But how do you lose your driving privileges, and how do you get them back? Can you lose your license for simple traffic violations? When can you get your license back? If your license is revoked after a DUI, how are you supposed to get to court? Is there a difference between a suspended license and a revoked license? If you or a loved one is dealing with a license revocation in Arizona, these are probably only some of the questions you’re asking. The first thing you should do when your license has been revoked following a DUI is call an experienced Phoenix DUI attorney. At the Belén Law Firm, we can guide you through the legal process of losing your driving privileges and fight for you to have them back. We can also help you navigate the complicated laws surrounding DUIs in Arizona and stick by your side until your case is resolved. For a free case evaluation, give our office a call at 602-715-0908 or complete our online intake form today. Will You Have Your License Revoked Following a DUI in Arizona?The short answer to this question is maybe. For certain driving offenses involving DUIs, you may face the removal of your driver’s license for some period of time. Driving offenses that will incur a revocation of your license include:
For a first offense of DUI with no other felonies or offenses involved, and with a blood alcohol concentration over .08 but below 0.149, you will likely only have your license suspended pending an administrative hearing with the MVD. We’ll talk more later about the difference between having your driving privilege suspended versus having it revoked, and exactly how that administrative hearing might go. If you’ve had a DUI conviction or two before, or if your DUI arrest involves drugs or other serious driving offenses, you may be looking at the loss of your driver’s license. However, if your privilege to drive is wrongfully revoked, a lawyer can help you overturn the revocation. Additionally, a Phoenix criminal defense lawyer like Belén Olmedo Guerra can help you through the difficult process of appealing for a new driver’s license after yours is revoked. Consequences for DUIs in ArizonaBefore we go any further, let’s talk more generally about the consequences of a DUI in Arizona. These consequences differ depending not only on the number of previous offenses, if any, but also on the results of your BAC test administered by the arresting officer. If your BAC is between .08 and .149, that is a standard DUI. If it is between .15 and .199, that is considered an Extreme DUI in Arizona. With a BAC of over .20, that is considered a Super Extreme DUI. First DUI OffenseFor a first DUI, you could incur fines, up to 10 days in jail, and a 90-day suspension of your driver’s license. The courts may also place a special ignition interlock device, or IID, into your vehicle once you have your license back. An ignition interlock device prevents your car from starting until you have passed a breath test. For a first-offense DUI in Arizona, this will usually be for a period of six months. If your first offense is an Extreme DUI or a Super Extreme DUI (i.e. your BAC was very high), the potential penalties increase. In addition to the fines increasing, your potential jail time goes up to 30 days for an Extreme DUI and 45 for a Super Extreme DUI. Each still incurs a 90-day suspension of your license with an ignition interlock device installed in your vehicle for a period of one year. Second DUI OffenseArizona’s repeat DUI laws are considered to be some of the harshest in the country. For a second DUI, you could face fines of up to $3000 with a minimum of 90 days in jail. The state can also revoke your driver’s license for up to one year. For a second offense Extreme DUI, there is a minimum of 120 days in jail. 60 of these days must be served consecutively. Your fines will increase and your driving privilege can be revoked for up to one year. Similarly, for a second offense Super Extreme DUI, your jail time increases to 180 days, with 60 to be served consecutively. Your fines will go up as well and your license can be revoked for up to one year. Third Offense DUIA third DUI within seven years is considered a felony DUI in Arizona. You will serve a mandatory four-month sentence in jail, have your license revoked for one year, and have an IID placed on your car for two years once you get your license back. How Many DUIs Before Your License is Permanently Revoked?Like most things with the law, it depends. If your first offense occurs with a minor in the car, if you are driving under the influence of illegal drugs, or if your DUI occurs in conjunction with another motor vehicle felony, the state can revoke your license. However, if your first offense is only a DUI, even if it is an Extreme DUI or a Super Extreme DUI, you will likely only incur a suspension. Without the presence of other extenuating circumstances, your license will not be revoked unless you have committed two or more DUIs. Terms for License RevocationA revocation is the complete removal of your driving privileges and usually occurs as the result of a conviction in criminal court. In some cases, you may be able to obtain a restricted driver’s license with an IID installed in your vehicle. Speak to an attorney to determine if your DUI case qualifies you for a restricted license. Once the revocation period is over, your license will remain revoked until an investigation into your driving record has occurred. You will likely also need to provide something called an SR-22, or proof of Future Financial Responsibility on your insurance policy. If you need an ignition interlock device on your car, you need to provide proof that it is functioning before you can be issued a new license. Suspended License vs. Revoked LicenseWe’ve talked a lot about license suspension versus revocation–now let’s discuss what the actual difference is between the two. When your license is suspended, it is only a temporary removal of your privilege. You can complete the terms of your suspension, pay any court fees, provide proof of insurance, and get your license back. However, when your license has been revoked, you must apply for an entirely new license at the end of your revocation period. But when does your license get suspended, and when does it get revoked? What Happens To Your License During a DUI Arrest?We’ve talked broadly about the consequences of a DUI, but let’s focus on what actually happens step-by-step when you are arrested for driving under the influence. First, it’s important to know that a DUI in Arizona has two parts: administrative and criminal court. Both can involve some suspension or revocation of your license, and your administrative case will likely be resolved long before your criminal case is. When you are pulled over under suspicion of driving under the influence, the police officer will likely ask you to undergo a breath, urine, or chemical test to determine your BAC. If you consent, and are over the legal limit, your license will incur an automatic suspension, even without a conviction. This is called an admin per se suspension. You can refuse the test, but this is unlikely to have an upside. When you refuse, it triggers an immediate one-year suspension. In Arizona, a warrant can usually be acquired right there, and a forcible blood test can occur. A suspension resulting from a refusal to test is called an implied consent suspension. Once you have this administrative suspension, you have 15 days to make another choice: to challenge your license suspension with the motor vehicle department or to allow it to go into effect. If you do nothing, your suspension will go into effect 15 days later. If you choose to challenge your suspension, you will need to request a hearing with the Arizona MVD via written request–you can fax your MVD hearing request, email it, or deliver it directly. Requesting this MVD hearing stops the suspension from going into effect. The hearing is a civil proceeding before an administrative law judge, meaning you can’t make any constitutional claims, such as for an unlawful stop. For the most part, the hearing will simply determine if you had actual physical control of the vehicle while under the influence. Implied consent hearings and admin per se hearings are generally similar, though implied consent hearings have a slightly broader scope for defense. If you win the hearing, you will not incur any administrative suspension–however, you can still later be convicted of a DUI, triggering other suspensions and revocations as a result of criminal charges. Penalties for Driving on Suspended License AZDriving on a suspended license in Arizona is a Class 1 misdemeanor. This means up to 180 days of jail, probation, and thousands of dollars in fines. The more lengthy your driving record, the more likely it is that a prosecutor will seek jail time for driving on a suspended license. So if you’ve incurred a DUI license suspension, it’s probably best to avoid driving. Penalties for Driving on Revoked License AZDriving with a revoked license will incur similar penalties to driving on a suspended license–however, it may also lead to the MVD denying your petition for a new license once your revocation period is over. Can I Get My License Back if it’s Been Revoked?If you believe your driver’s license has been wrongfully revoked after a DUI conviction, speak to an experienced criminal attorney immediately. Many times, however, if your driver’s license has been revoked, you will need to wait for the end of the revocation period to petition for a new one. It may be possible to acquire a restricted license in some cases. Phoenix Drunk Driving Defense LawyerThe time following a DUI arrest or conviction can be confusing and overwhelming for anyone involved. Laws surrounding driving under the influence are complex, not to mention the administrative laws that come into play when your license is suspended or revoked. If you’re dealing with a DUI in the Phoenix area, call the Belén Law Firm. We have years of experience with DUI cases and are prepared to help you throughout the duration of your case. Give us a call or schedule a free case evaluation today. The post Arizona DUI License Revocation appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/dui/arizona-dui-license-revocation/
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Arizona DUI LawThe Valley of the Sun is a perfect nickname for the capital city of Arizona. The warm, sunny days in Phoenix are an attraction to all, not to mention the bustling city life with exceptional restaurants and vibrant nightclubs. A night out with friends is not an uncommon thing in Phoenix. Unfortunately, if you make the wrong decision, the night can end with a DUI arrest or worse. A DUI arrest can be daunting and leave you with many questions. What do I do now that I have a DUI charge? Can I get out of a DUI charge? What is Arizona’s law against DUI? Will I lose my job over a DUI? Will a DUI ever go away? Will a DUI ruin my life? Arizona carries harsh penalties for those convicted of a DUI offense, even if it is your first offense. It’s important that you obtain the help of an experienced DUI attorney like Belén Olmedo Guerra of the Belén Law Firm if you ever find yourself in such a situation. Below, we’ll explain more about first-offense DUIs in Arizona and the criminal penalties that one faces when charged. What is Considered a DUI in Arizona?Did you know that Arizona is one of the strictest states in regard to DUI laws? If you are found to be impaired to even the slightest degree, you may be charged with a DUI offense. A DUI is defined as being under the influence of alcohol or drugs. An alcohol DUI means that your blood alcohol concentration, also known as BAC, is above the legal limit – 0.08%. (For a commercial vehicle requiring a commercial driver license, the legal limit is 0.04%.) In Arizona, it is also illegal to drive with any illegal drug or a variation of an illegal drug in your system. You can also be charged if you have taken prescription drugs if they impair your ability to drive. There are several different types of DUI offenses a person may incur depending on the circumstances, many of which we’ll go into in further detail down below. These include:
Under Arizona law, when you receive a state driver’s license, you are giving implied consent to be tested for drugs and alcohol if you are pulled over with probable cause. If you refuse a breath test, field sobriety test, or any other DUI test, your license will be taken away immediately. You can also receive a DUI in Arizona even if you are not physically driving. That’s right…the car does not need to be moving for you to be arrested. You could be sitting in a car with keys in your hand, the car shut off, and still receive a DUI if you are found to have a BAC above the legal limit. With so many legal nuances and complexities regarding DUIs in Arizona, it’s important that you get help from a skilled Phoenix DUI attorney who can help guide you through the process. At Belén Law Firm you will have a clear explanation of the law in terms that you will understand. What are the Penalties for a DUI in Arizona?A DUI in Arizona is generally considered a misdemeanor in most cases. However, DUI penalties ultimately vary by the facts of the case, prior convictions, and the driver’s blood alcohol content. For example, a first time DUI punishment won’t as severe as a third DUI conviction. Also, as you can imagine, DUI offenders with a BAC of 0.15% will face harsher penalties than those with a BAC of 0.09%. When you are arrested and charged with a DUI, your license will be taken and you will receive a temporary license that allows you to drive for 15 days. If you are under the age of 21 and you have any alcohol in your system, you may lose your license for at least two years, along with other punishments. After you are arrested for a DUI, you will be taken to jail or to a crime lab to test further for drugs and alcohol. After this, you will typically be released for someone to pick you up. In more serious cases, you will be booked into jail. At the time of your DUI arrest, police will confiscate your license and issue you a temporary license, valid until your hearing date. Law enforcement will notify the Arizona Motor Vehicle Department (MVD) of the arrest, which will initiate license suspension. You will receive a notice of your arrest and order of suspension, which will include the date of your hearing and information about requesting a license suspension civil hearing. In Arizona, you only have 15 days to request this hearing. If you do not request this hearing, you lose your only opportunity to contest the suspension of your driving privileges. When your court date arrives, you will appear before a judge to hear a formal reading of your charge. Then, the judge will ask you how you would like to plead. What Happens After a First-Offense DUI in Arizona?Like we mentioned before, the penalty for a DUI varies based on the blood alcohol level and prior conviction. For a first-time offense with BAC between 0.08% and 0.149%, you will receive 1 to 10 consecutive days in jail. You may also pay a fine of no less than $1250, alcohol and drug screening/education/treatment, and the installation of a certified ignition interlock device on any vehicle you operate. You may also be ordered to do community service. First-time DUI convictions can be more severe with the increase of BAC over 0.15%. For a BAC over 0.15% to 0.199% there is a minimum jail sentence of 30 consecutive days. Fines could reach up to $3000, and your driver’s license suspended for up to 90 days. There will be an ignition interlock device installed in your vehicle for one year. For a BAC of at least .20%, there is a minimum of 45 consecutive days in jail. The fines increase to $3250, and a DUI of this kind also carries a 90-day license suspension. What if I Had a Prior DUI Charge?Arizona punishes individuals with prior DUI offenses more harshly. For subsequent DUI convictions, each penalty increases. Second-time offenders may face jail time between 30 to 90 days and a fine, depending on your BAC at the time of the arrest. The state could also revoke your drivers license for one year. A third DUI within seven years is a felony DUI in Arizona. It carries a mandatory prison sentence of at least four months, license revoked for one year, a two-year ignition interlock device requirement, and over $4000 in fines and assessments. Elevated DUI ChargesUnder Arizona DUI laws, DUI convictions are classified in four different degrees of offense. These include a general DUI charge as well as aggravated, extreme, and super extreme DUIs. The charges can be elevated from a regular DUI if the following apply:
If you are under the age of 21 and you have any alcohol in your system, you may lose your license for at least two years, along with other punishments. Aggravated DUIAn aggravated DUI is a felony. It is applied when a person commits a DUI when they have a suspended, revoked, or canceled license. A person can also be charged with an aggravated DUI if they’ve committed a third DUI in the span of 84 months or with an ignition interlock device requirement in place. Additionally, if you have an interlock device and refuse to submit a BAC or if you are driving under the influence with a minor in the vehicle, that is automatically an aggravated DUI. The criminal penalties for an aggravated DUI in Arizona will include mandatory prison time for at least two years, your license revoked for a year, and an ignition interlock device being placed in your vehicle. You will also be required to do community service and alcohol or drug screening/treatment and education. For second or subsequent offenses, the potential penalties increase in severity. The Motor Vehicle Department can revoke a license for 3 years when a person has at least one aggravated DUI conviction in combination with any other DUI conviction. Extreme DUIAn extreme DUI charge occurs when a driver is found to have a BAC of 0.15% or higher. An extreme DUI is also a misdemeanor charge unless subsequent charges pile up within seven years. For a first-offense extreme DUI charge, you could face 30 to 45 days in jail, be required to pay fines of up to $2500, and Arizona could suspend your license for up to a year. Your vehicle will also be required to have an ignition interlock device. There will also be drug and alcohol screening and treatment, and you may be required to perform community service, as well. Second time offenders may face extreme DUI penalties carrying a minimum jail sentence of 120 days to up to 180 days in jail. There will be fines of no less than $3250, the state may revoke your license for up to a year, an ignition interlock device will go on your vehicle, and the state will require you to attend alcohol treatment and education courses. Super Extreme DUIA super extreme DUI consists of a BAC of .20% or greater. A first super extreme DUI charge requires the offender to pay a $3,250 fine, along with other fees and jail costs. A super extreme DUI penalty includes 6 months in jail, driver’s license suspension for at least a year, and an ignition interlock device for at least 2 years. A second super extreme DUI conviction, after any previous DUI conviction, carries a $3,750 fine along with other fees and jail costs. You will be given at least 6 months in jail and driving privileges will be suspended for at least a year. Additionally, an ignition interlock device will be installed for a minimum of 24 months. Do I Need a DUI Defense Lawyer for a First Offense DUI?As you can see, Arizona’s DUI laws can be complex, and penalties for drivers convicted can be harsh–even for first-time offenders. A DUI conviction can not only impact your driving privileges, but it can also cause problems with your job and other personal areas of your life. Many factors will be taken into consideration by the judge or jury, so it’s important to have an experienced Phoenix criminal defense attorney on your side to help tip the scales in your favor. At Belén Law Firm, we have years of experience handling even the most complex DUI cases. Our DUI attorneys will review all the evidence in your case and work to build a strong defense for you. Call 602-715-0908 today or complete our online intake form to learn more and schedule a free consultation. Put your future into the right hands with Belén Law Firm. The post First Offense DUI in Arizona appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/dui/first-offense-dui-in-arizona/ You’ve probably heard about the crackdown law enforcement is enacting on catalytic converter theft in Arizona. Phoenix police spokesperson Brian Bower is on TV telling people to park in well-lit areas to deter thieves while the governor is signing new bills into law to make it more difficult to buy or sell this device. As such, the penalties for possessing and trading them have also gone up, and the burden of documentation needed to prove a converter was not stolen has grown. So, with this statewide crackdown, what do you do if you’re accused of stealing a catalytic converter in the Phoenix area? The first thing you need to do is call the Belén Law Firm. You need a legal team that is familiar with our state laws, the court system, and with defending cases like yours. If you or a loved one is dealing with catalytic converter theft charges in Phoenix, call us at 602-715-0908 to schedule a free consultation today. What are Catalytic Converters?Your catalytic converter is a part of your car’s exhaust system. Through a chemical reaction, it converts “bad” hydrocarbons (carbon monoxide and nitrogen oxides) in your exhaust into “less bad” carbon dioxide, nitrogen, and water vapor. Well-designed catalytic converters can reduce emissions by about 90%. These devices became mandatory in 1975. The converter itself is about the size of a loaf of bread and is located between your engine and your muffler. They need heat to function, and as such, are placed as close to the engine as possible. Some cars may even have multiple catalytic converters. Why are Catalytic Converters Stolen?Catalytic converter thefts are incredibly common. This is due to the three precious metals located inside the device: platinum, palladium, and rhodium. The prices of these metals have been on a steady rise in the last two decades–rhodium, for instance, reached a high of $26,000 per ounce in 2021. Junkyards actively collect converters, and some companies will buy old converters as scrap. Thieves might sell a stolen converter for a couple hundred dollars, but their buyer may then recover the metals and flip them onto the black market for thousands. In addition to the potential payout, it’s generally pretty easy to steal these things. Someone with experience can get them off a vehicle in less than two minutes. Additionally, they often lack serial numbers or other identifying information, so it has previously been difficult for police to prosecute a case even if they have the device and the alleged thief in hand. What Happens to Vehicles Without Catalytic Converters?Without a catalytic converter, drivers will likely fail an emissions test in Arizona. This is because the converter is responsible for absorbing and converting harmful hydrocarbons, meaning vehicles without them will pollute the air at a much higher rate than vehicles with them. That isn’t the only issue. Though a vehicle will run without a catalytic converter, it will be much noisier than usual. In addition, in many instances there may be damage to other parts of the car while the converter is being removed. Cost to Replace Stolen Catalytic ConvertersThis particular crime has become a significant problem for Phoenix police and police departments across the nation. State Farm reports that they paid out 1.4 million dollars to Arizona residents in 2021 to replace stolen catalytic converters. Replacing a catalytic converter can cost a driver up to $3,000 out of pocket. If you have comprehensive coverage, your insurance will typically pay for a new converter as well as to repair any damage that occurred to your car during the motor vehicle theft crime. As mentioned previously, if you do not replace the converter, you will likely be unable to pass an emissions test and therefore unable to get your car inspected or registered. Driving an unregistered car in Arizona carries a fine of up to $300. Because of the potential dollar amount associated with either replacing stolen converters or driving cars without one, both drivers and insurance companies have supported crackdowns on these thefts and used car parts dealers are being looked at with much more suspicion even when no crime has been committed. Arizona Catalytic Converter LawsIn May, Phoenix police found a storage unit full of stolen catalytic converters. The raid of this storage unit was part of a months-long investigation into a crime ring conducted by the department. This investigation is just one of many, as police push back against a rise in thefts in the Phoenix area. Just a month later, Governor Doug Ducey signed a law that prevented anyone but registered, licensed dealers in used car parts to buy, sell, or possess a used catalytic converter in its original condition. Every time someone buys an aftermarket converter, they are required to report a record of sale to the Arizona Department of Public Safety and note any identifying marks or numbers. Anybody else found to be in possession of one can be fined up to $4,000. Essentially, if you can’t provide documentation that the sale is legit and that nobody stole the converter in your possession off someone’s car, you won’t be able to sell used catalytic converters. The new law also gives officers more power to investigate scrap metal businesses or online listings. Who Does The New Anti-Theft Law Actually Impact?Catching someone in the act of stealing a converter is difficult, and once it’s off the car and in someone’s possession, it’s almost impossible to prove it was stolen. After all, there are no serial numbers or identifying markers unless the driver has added them aftermarket. For this reason, the new law specifically impacts possession. Therefore, if you are found with a used converter in your trunk and could not provide documentation that it had not been stolen, you would not be prosecuted specifically for stealing it, but rather for possessing it without the proper documentation. Possible Defenses for Catalytic Converter TheftEven if it seems like you’ve been caught red-handed, working with a skilled Phoenix criminal defense lawyer could help you avoid jail time and steep fines. For instance, if someone simply told you to hold onto a converter and you did not know it was stolen, you might have some recourse. Additionally, if police violate your rights during any searches or seizures, you could also have a valid defense. What are the Penalties for Stealing a Catalytic Converter?Before the new law was signed, there were already laws against buying or selling used catalytic converters. However, being in possession of them, or soliciting them, was not illegal. The new Arizona law attempts to make it much more difficult for these black market dealers to possess the converters in the first place, therefore deterring thieves from stealing them. Violation of the new anti-theft laws is a Class 1 misdemeanor. For the most part, that means some very punitive fines and the potential loss of business licenses if you operate a scrap metal or used car parts business. As per the new law, for a first offense, the penalty could be up to $500. For any subsequent violation, that fine goes up to a steep $2,000, as well as revocation of your business license. For a third violation, that $2,000 fine doubles. Phoenix Defense Attorney for Catalytic Converter Theft in PhoenixBelén Olmedo Guerra has defended countless theft cases in the Phoenix area. Our aggressive, competent attorneys will work tirelessly to achieve the best possible outcome in your case. If you or a loved one are fighting charges of catalytic converter theft, call a top Phoenix theft defense lawyer the Belén Law Firm at 602-715-0908 to schedule a free consultation. The post Catalytic Converter Theft in Phoenix appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/theft-crimes/catalytic-converter-theft-in-phoenix/ Criminal convictions can be a life-changing incident. The consequences of a criminal conviction often last long after the jail time is served and fines are paid. For instance, some types of convictions can result in a loss of civil rights and prevent you from getting professional licenses. What’s more, any prior convictions can result in harsher punishments and extended jail time in future convictions. At Bélen Law Firm, we know how damaging a criminal conviction can be. But all hope is not lost. Under Arizona law, some people can apply to set aside a criminal conviction. Set-asides in Arizona can restore civil rights and give you a fresh start, but they don’t permanently seal your record. However, in 2023, the law will expand to allow new individuals to seal their convictions and have a chance to start over. A Phoenix criminal defense attorney at Bélen Law Firm can help you determine if a set aside in Arizona is right for you. Call us today at (602) 715-0908 to schedule a free case evaluation. What Does it Mean to Set Aside a Criminal Record?Under Arizona’s current laws, having a conviction set aside is a way for citizens who have served their time to get their rights back. A set aside may not erase the arrest or conviction from your record, but it can let future employers and landlords know that the crime was in the past and that you have paid all your dues. ARS § 13-905ARS § 13-905 outlines the requirements for setting aside a judgment. The statute states that the court must consider multiple factors when it comes to setting aside a conviction. This includes:
Setting aside a criminal conviction will not erase the conviction from your record, but it does open up opportunities for people with a criminal record. Benefits of a Set AsideA criminal conviction brings far more consequences than just jail time and fines; it can completely change your life and derail your future. A felony conviction suspends certain civil rights, including the right to vote, the right own a firearm, and the right to run for public office. A felony conviction can also prevent someone from getting scholarships, certain jobs, and it can even limit housing opportunities. A set aside can help restore some of these rights. When a criminal conviction is set aside, the arrest and conviction will still appear on your public record. However, after a set aside is granted, your public record is adjusted to reflect that you have served the time and paid the fines for the crime. A set-aside conviction can still be used as a prior criminal conviction in court, but it can show employers and landlords that you have completed all conditions of your sentence. Is a Set Aside the Same Thing as Expungement?Many other states call this process an expungement or record sealing. Arizona law doesn’t technically allow expungements, unless they are for simple possession of marijuana, but a set-aside is the next best thing. Expungement vs. Set AsideSimply put, set-asides are a mere asterisk on your record with a note saying you’ve paid your dues. An expungement can seal your record and keep the crime in the past. An expungement essentially erases a criminal record. More specifically, the arrest record and conviction are sealed during the expungement process and can only be accessed by certain agencies of law enforcement. This means your conviction will not be seen by landlords, employers, or the general public. Arizona courts currently only allow expungement for certain marijuana-related offenses. This is because the recent passing of Proposition 207 legalized the use of recreational marijuana. Marijuana expungement is a way for people to seal criminal records for offenses that are now legalized in Arizona. A set-aside, on the other hand, indicates that you have served the required time for your criminal offense. Your criminal conviction will still appear on a background check, but the set-aside will also appear. This will let prospective employers, landlords, and other entities know that you have served your time and paid restitution for the criminal offense. Fortunately, the current set-aside process in Arizona will see drastic changes in 2023. 2023 Expungement LawsThe passing of Senate Bill 1294 in July of 2021 will open up a whole new door for those with a criminal conviction. Some law enforcement agencies will still be able to access sealed records, but a sealed conviction will not appear on a routine background check. This means that you can answer ‘no’ to any questions that ask whether you have previous criminal convictions on most employment applications. ARS § 13-911Arizona Revised Statute 13-911 is the official statute based on SB 1294. This statute allows a person to file a petition to seal all records related to a criminal offense, including the conviction, judgment, and arrest. The applicant has to wait a certain period of time after the completion of their conviction. The time period is:
Can My Offense Be Expunged?The application to set aside a criminal offense or felony conviction is complicated. When you apply for a set-aside or expungement, the judge in your case will weigh multiple factors. If you were on probation, your probation officer may have to testify that you were in compliance with all conditions of probation. The judge will also factor in any prior or subsequent convictions on your record. However, certain serious offenses such as violent felonies cannot be set aside or expunged from your record. Eligibility RequirementsFor a criminal conviction to be set aside in Arizona, the person convicted has to meet certain eligibility requirements. This includes:
Which Crimes Cannot be Set Aside?Under both the current and new set aside/expungement laws, certain criminal offenses are not eligible. The law describes these exceptions as a “serious offense” or “violent or aggravated felony.” These offenses include:
Do I Need a Lawyer to Get a Criminal Record Set Aside?The application to set aside a criminal conviction can be complex, especially to someone unfamiliar with the process. The new expungement laws will change the way this process works, so it’s important to have someone who understands the new legislation by your side. Having a Phoenix attorney like Belén on your side during this overwhelming time can give you peace of mind. If you tackle this process on your own, any mistake in the application can result in the court denying your request to set aside a conviction. If the court denies your request, you can request a reconsideration. Unfortunately, you have to wait at least three years after a denial to apply for reconsideration. Having an experienced criminal defense attorney with you through this process can decrease the likelihood of your application being denied. Call a Top Phoenix Criminal Defense Attorney at Belén Law Firm TodayIf you or a loved one has been convicted of a criminal offense in Arizona, all hope is not lost. You probably know the consequences of an Arizona conviction, but it’s possible to move on from these offenses with the help of a set aside. In addition, the new expungement laws will open up the process to many individuals who are burdened with a criminal record. This can be the fresh start that many people need to thrive. At Bélen Law Firm, you can trust that our criminal defense team has the knowledge and experience necessary for a positive outcome in your case. Bélen Olmedo Guerra has experience in both state and federal court. For more information about whether or not you qualify for expungement, call us today at (602) 715-0908. Our 24/7 legal team is ready to help you and answer any questions you may have. The post What are Set-Asides in Arizona? appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/criminal-defense-attorney/what-are-set-asides-in-arizona/ The state of Arizona leaves very little leniency for robbery charges and aggravated robbery charges, prosecuting them both as both as felonies. Felony convictions like this can have a lasting impact on your life and stay on your criminal record forever. This can prevent you from obtaining certain jobs and make it difficult to rent or buy housing for the rest of your life. A felony conviction on your record can also mean harsher sentences in the future, should you ever receive additional criminal charges. That’s why, if you’re facing robbery charges in Arizona, you need the help of an experienced criminal defense attorney to protect your rights and your future. If you or someone close to you has been charged with or accused of aggravated robbery in Arizona, the first and more important thing you can do is to contact the Belén Law Firm right away. You need a competent legal team who is familiar with Arizona law and the Arizona court system and has plenty of experience handling criminal cases like your own. At the Belén Law Firm, our Phoenix robbery defense attorneys are ready to fight your charges aggressively and get the best possible outcome in your case. Don’t hesitate to contact us for a free consultation at 602-715-0908. What Does Robbery Mean?Robbery and theft are sometimes thought to be the same thing, but they do not have the same legal definitions. Theft is actually a broad umbrella term that can include robbery. According to A.R.S § 13-902, the definition of robbery is using force or threatening to use force to take personal property from another person. The person must be present and be aware of the theft for it to be considered a robbery. For example, force includes snatching a purse or phone directly from a victim. Pickpocketing someone, however, would not be considered robbery since the person was not aware of the property stolen and the perpetrator did not use force. What is Aggravated Robbery?Aggravated robbery is a robbery that occurs with one or more accomplices present. An accomplice is someone that is present during the committing of the crime and knowingly participates. For instance, if someone threatens an intended victim with violence while another steals their purse, Arizona law considers this to be aggravated robbery. Unlike armed robbery, the perpetrator does not have to use a dangerous weapon to commit an aggravated robbery. A.R.S. 13-1903The Arizona Revised Statute 13-903 states the definition of aggravated robbery and the felony classification. The full text of the statute is as follows:
Is There A Difference Between Aggravated Robbery and Armed Robbery Charges?Aggravated robbery and armed robbery are two completely different crimes, according to Arizona law. As such, the penalties for these crimes are different. For armed robbery charges, the perpetrator or their accomplice must have possession of a deadly or dangerous weapon and the perpetrator uses or makes a threat to use it. A deadly weapon is anything that can cause serious bodily injury. Deadly weapons can be obvious, such as a gun or a knife, but they can also include blunt objects that can cause serious bodily injury, such as a brick or a tire iron. A dangerous weapon can be anything that can cause reasonable fear of bodily injury. Armed robbery cases can also include possession of a simulated deadly weapon. Simulated weapons can be anything. A banana held to an alleged victim’s back to mimic a gun during a robbery can increase the charge from robbery to armed robbery. A hand in a jacket pocket meant to mimic a firearm or a toy gun can have the same effect. During armed robbery cases, the perpetrator does not have to threaten anyone with the weapon, simulated or otherwise. The perpetrator doesn’t even have to use the weapon. Possession of the weapon alone is enough for police and prosecutors to pursue armed robbery charges over aggravated robbery charges. Is Aggravated Robbery a Felony?Arizona felonies fall into six classes. A Class 1 felony is the highest offense. Arizona reserves this class for first-degree and second-degree murder. A robbery, on the other hand, is considered a Class 4 felony, while armed robbery is a Class 2 felony. Aggravated robbery is a crime that is a Class 3 felony, which means that it comes with a prison sentence between two years and almost nine years. The sentence is typically on the longer side because aggravated crimes carry a harsher sentence. A felony can stay on your record for the rest of your life. Felonies can prevent someone from getting jobs, certain housing, and even passports. This experience can be stressful and leave anyone full of fear. Contact an experienced Arizona theft lawyer at the Belén Law Firm for a realistic outlook on your situation and a strong defense against these charges. How Long Can You Go to Jail for Robbery?Robbery is a major offense, as it leads to a felony theft charge in Arizona. Depending on a defendant’s previous criminal record, the circumstances of the crime, and other case-specific factors, a perpetrator convicted of robbery can serve anywhere between one year and 12.5 years in prison. Armed robbery would have the harshest and longest sentence out of the different degrees of robbery, as it is a Class 2 felony. Arizona Aggravated Robbery SentenceAs previously mentioned, aggravated robbery is a Class 3 felony which means it is punishable by a prison sentence between two years and eight years, nine months. The punishment can also include a hefty fine. Attempted Aggravated RobberyFor attempted aggravated robbery, there must be proven intent to deprive the victim of their personal property and the intent to use force or threat of force. Even if nothing was taken and no victim was harmed, the defendant can still be accused of attempted aggravated robbery and receive criminal charges. Can You Get Probation for Aggravated Robbery?Probation can be a viable punishment depending on the circumstances of the crime. Sometimes this is done in conjunction with a fine. A defendant may only be eligible for probation if this is the first-offense crime. Second and third offenses are not eligible for probation and have increasing consequences. Aggravated robbery can result in a seven-year probation period. Possible Defenses for Aggravated RobberyTo convict someone of aggravated robbery, the prosecution team must prove that the defendant:
There are many defenses that criminal defense attorneys can employ. The typical defense is mistaken identity. Perpetrators are not typically caught at the scene with the evidence still on them. If there is evidence that can prove the defendant committed the robbery, the defense team can argue that there was no accomplice and get the charge downgraded to a simple robbery. In some cases, a skilled lawyer can get the charges dismissed or downgraded to a misdemeanor. No matter the case, the qualified attorneys at the Belén Law Firm are committed to fighting for you. We can provide legal advice, review police reports, and gather evidence in your favor to obtain the best outcome for your situation. What Should I Do If I Have Been Arrested For Aggravated Robbery?If you or someone close to you has been charged with aggravated robbery, remain calm. Remember that as citizens, we have constitutional rights including being innocent until proven guilty beyond a shadow of a doubt by a jury of our peers. An accusation or a charge is not a conviction. Politely decline to answer any questions by police until first speaking to your lawyer. Do not attempt to contact the alleged victim. You should only share confidential or sensitive information directly with your lawyer or defense team. Do I Need an Experienced Criminal Defense Attorney?You’ve heard it said many times before: you have the right to obtain legal representation to defend against the charges brought against you and if you cannot afford an attorney, one will be appointed to represent you by the state. Unfortunately, many court-appointed lawyers have an extremely high caseload and are constantly busy. They may not have time to answer all the questions you have or properly examine the details of your case. That’s why it is important that you seek the help of an experienced Phoenix criminal defense lawyer who can dedicate all of their time and resources to building and strengthening your defense. At the Belén Law Firm, we thoroughly research every case and every possible defense. We also make ourselves available to you 24 hours a day because we know that this is a stressful situation and one that doesn’t stay between normal business hours. If someone has accused you or a loved one of aggravated robbery, a criminal defense attorney at the Belén Law Firm is ready to fight for you. Don’t hesitate to contact us. Phoenix, AX Lawyer for Aggravated Robbery DefenseBelén Olmedo Guerra founded the Belén Law Firm with the mission to provide the best criminal defense possible. We believe that evidence is the most important part of a case, not the allegations. We fight aggressively to defend every client charged with criminal offenses because we believe that every case deserves high-stakes treatment. Our 24-hour criminal defense attorneys can answer any questions you have about your case. Contact us today at 602-715-0908 to schedule your free consultation. The post What is Aggravated Robbery? appeared first on Belen Law Firm - Criminal Defense Attorney Phoenix. Via https://www.belenlawfirm.com/blog/theft-crimes/what-is-aggravated-robbery/ Being arrested can be a terrifying and confusing process, especially if you don’t know what to expect. Law enforcement officers are not going to answer all your questions, and often the only people on your side are your loved ones and your defense team. You may think that the criminal prosecution process begins with your arrest, but this is not often the case. Most criminal cases begin with an indictment. In this article, we’ll explain what it means to be indicted and how an experienced defense attorney like Belén Olmedo Guerra can help protect your rights and your freedom. If you or a loved one has been indicted, you need the Belén Law Firm in your corner. Schedule a free case evaluation today by calling (602) 715-0908. What Does Indicted Mean?Being indicted means you are formally accused of committing a crime. This does not mean you are guilty of a crime or you immediately go to jail. This is simply part of the process of criminal prosecution. If you have been indicted, it means a grand jury has probable cause to believe that you have committed some sort of crime, typically a felony. Indictment DefinitionAn indictment is a “formal accusation of a criminal offense.” A draft indictment presented by the prosecutor (though the grand jury has the final word) lists the details of the crime and any charges the prosecution is pursuing. Only grand juries can indict someone in a criminal case. Grand juries are presented evidence to determine whether or not the criminal case can proceed with the evidence gathered. If the grand jury decides to indict, formal charges are brought against the defendant. Indicted vs. ArrestedIndictments can happen before or after an arrest. If members of law enforcement witness you committing a crime, they can arrest you and begin an investigation. If you are only suspected of committing a crime but there is no concrete evidence, the prosecution may present evidence to a grand jury and seek an indictment and arrest warrant. Indicted vs. ChargedBeing indicted and being charged may seem like very similar situations, and that’s because they are. The key difference between an indictment and a charge is the party who filed the charges. When a prosecutor files criminal charges against the defendant, this is referred to as “being charged” with a crime. If a grand jury filed charges, this is known as an indictment. To the defendant, there is often no difference. The next step in the criminal prosecution process is often an arrest. Indicted vs. ConvictedAn indictment does not mean a person is guilty of the accused crime. The conviction usually happens at the end of the case, while an indictment signals the beginning of a criminal case. An indictment can happen before a suspect even knows they’re being accused of a crime, but a conviction happens after a guilty plea, or a defendant is found guilty beyond a reasonable doubt by a jury of their peers. What’s The Difference Between a Complaint and an Indictment?In Arizona, there are two different ways a person can be charged with a crime. A prosecutor can file a direct complaint against a suspect after law enforcement files an arrest report. This is often for misdemeanors and lower-level crimes. Indictments by the grand jury are usually reserved for felonies. For felonies at the federal level like drug trafficking or kidnapping, the federal government must use a federal grand jury to indict. Many prosecutors often prefer to have an indictment rather than a direct complaint charge. An indictment allows witnesses to testify and the prosecution team to present evidence against the suspect without the defendant being present. This is a test run of sorts for the trial that may or may not come. Does Indictment Mean Jail Time?Being indicted does not mean you are sentenced to prison. An indictment does not mean the prosecution has concrete evidence against you; it means they have convinced a grand jury that there is enough evidence to pursue a criminal case against you. You still have the option to plead “not guilty” to the crimes you are accused of and fight the charges in a criminal trial. A Grand Jury may issue a bond along with an indictment, which means that there will be an order for your arrest, and the bond will be set at the initial appearance. If a bond is set, you and your loved ones have the opportunity to bond you out during the life of the case, but prior to the case settling. What Happens After a Grand Jury Indictment?A grand jury is made up of 9 to 16 citizens in Arizona. Grand jury members decide if there is enough evidence to pursue a trial. If 9 of the grand jury members find probable cause, they return a True Bill to the prosecutors of the case. This is the indictment. If the jurors do not find probable cause, they will return a No Bill. This will result in a dismissal of the charge. After a grand jury indictment, a warrant will be issued for your arrest unless you are already in police custody. The arraignment will be the first time you appear in court, and you will be able to hear the charges against you. The arraignment is also where you can enter your pleading (guilty or not guilty) as well as establish any plea bargain available.
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Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
2 | 3 years | 4 years | 5 years | 10 years | 12..5 years |
3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
5 |
.5 years
(6 months) |
.75 years
(≈ 9 months) |
1.5 years | 2 years | 2.5 years |
6 |
.33 years
(≈ 4 months) |
.5 years
(6 months) |
1 year | 1.5 years | 2 years |
NON-DANGEROUS FELONIES
The sentencing chart for non-dangerous felonies is broken down into 3 separate charts based on the number of previous offenses in the defendant’s criminal history. Category 1 represents one previous conviction, Category 2 represents two previous convictions, and Category 3 represents three. The non-dangerous felonies chart is as follows:
Category 1 (in years) | Category 2 (in years) | Category 3 (in years) | |||||||||||||
Class | MIT | MIN | P | MAX | AGG | MIT | MIN | P | MAX | AGG | MIT | MIN | P | MAX | AGG |
2 | 3 | 4 | 5 | 10 | 12.5 | 4.5 | 6 | 9.25 | 18.5 | 23 | 10.5 | 14 | 15.75 | 28 | 35 |
3 | 2 | 2.5 | 3.5 | 7 | 8.75 | 3.25 | 4.5 | 6.5 | 13 | 16.25 | 7.5 | 10 | 11.25 | 20 | 25 |
4 | 1 | 1.5 | 2.5 | 3 | 3.75 | 2.25 | 3 | 4.5 | 6 | 7.5 | 6 | 8 | 10 | 12 | 15 |
5 | .5 | .75 | 1.5 | 2 | 2.5 | 1 | 1.5 | 2.25 | 3 | 3.75 | 3 | 4 | 5 | 6 | 7.5 |
6 | .25 | .5 | 1 | 1.5 | 2 | .75 | 1 | 1.75 | 2.25 | 2.75 | 2.25 | 3 | 3.75 | 4.5 | 5.75 |
(MIT-mitigated; MIN-minimum; P-presumptive; MAX-maximum; AGG-aggravated)
DANGEROUS OFFENSES
Dangerous offenses also have different sentencing guidelines based on the number of previous convictions. Below, we’ll provide two charts. The first is for dangerous offenses with historical priors. A historical prior is any class 3 felony committed within 10 years of the date of the current dangerous offense. This chart is broken down into First Offense, One Historical Prior, and Two Historical Priors.
The second chart is for repetitive dangerous offenses. It includes sentences for the Second Dangerous Offense and Third and Subsequent Dangerous Offenses.
Here are the Arizona felony sentencing charts for dangerous offenses with historical priors and dangerous repetitive offenses:
First Offense (in years) | One Historical Prior (in years) | Two Historical Priors (in years) | |||||||
Class | MIN | P | MAX | MIN | P | MAX | MIN | P | MAX |
2 | 7 | 10.5 | 21 | 14 | 15.75 | 28 | 21 | 28 | 35 |
3 | 5 | 7.5 | 15 | 10 | 11.25 | 20 | 15 | 20 | 25 |
4 | 4 | 6 | 8 | 8 | 10 | 12 | 12 | 14 | 16 |
5 | 2 | 3 | 4 | 4 | 5 | 6 | 6 | 7 | 8 |
6 | 1.5 | 2.25 | 3 | 3 | 3.75 | 4.5 | 4.5 | 5.25 | 6 |
(MIN-minimum; P-presumptive; MAX-maximum)
Second Dangerous Offense (in years) | Third and Subsequent Dangerous Offenses (in years) | |||||
Class | MIN | MAX | INCREASED MAX | MIN | MAX | INCREASED MAX |
2 | 10.5 | 21 | 26.25 | 15.75 | 28 | 35 |
3 | 7.5 | 15 | 18.75 | 11.25 | 20 | 25 |
4 | 6 | 8 | 10 | 10 | 12 | 15 |
5 | 3 | 4 | 5 | 5 | 6 | 7.5 |
6 | 2.25 | 3 | 3.75 | 3.75 | 4.5 | 5.6 |
(MIN-minimum; MAX-maximum; INCREASED MAX-increased maximum)
DANGEROUS OFFENSES AGAINST CHILDREN
Arizona punishes crimes against children much more severely than it does other felonies. They provide a completely separate guideline for the sentencing of these felonies. Dangerous offenses against children include, but are not limited to, the following:
-
Sexual exploitation of a minor
- This means the defendant knowingly created, possessed, sold, bought, stored, or transported child pornography.
-
Commercial sexual exploitation of a minor
- This includes the act of knowingly coercing a minor to engage in sexual acts or behaviors like prostitution or pornography.
- Luring a minor for sexual exploitation
- Furnishing harmful items to a minor
- Sexual conduct with a minor
- Molestation
- Aggravated assault against a minor that results in serious physical injury or involves a deadly weapon
The next chart represents the guidelines for dangerous offenses against children, including First Offense, One Historical Prior, and Two Historical Priors. You’ll notice that subsections A and B are not provided in the chart. Subsection A carries a sentence of life in prison. Subsection B carries the possibility of a life sentence with a minimum of 13 years, presumptive 20 years, and a maximum of 27 years. These subsections might include crimes such as sexual assault or attempted murder of a minor under the age of 12.
You’ll also notice that once the defendant reaches two historical prior convictions, they may only fall into subsections C and D. The presumptive sentence is life in prison, with no minimum or maximum provided. Here is the Arizona felony sentencing chart for dangerous offenses against children:
First Offense (in years) | One Historical Prior (in years) | Two Historical Priors (in years) | |||||||
Subsection | MIN | P | MAX | MIN | P | MAX | MIN | P | MAX |
C | 13 | 20 | 27 | 23 | 30 | 37 | n/a | Life | n/a |
D | 10 | 17 | 24 | 21 | 28 | 35 | n/a | Life | n/a |
E | 5 | 10 | 15 | 8 | 15 | 22 | n/a | n/a | n/a |
F | 2.5 | 5 | 7.5 | 8 | 15 | 22 | n/a | n/a | n/a |
(MIN-minimum; P-presumptive; MAX-maximum)
Contact Phoenix Criminal Defense Attorney Belén Today
If you have been charged with a felony and seek representation, or if you simply have questions regarding the Arizona felony sentencing chart, contact Belén Olmedo Guerra today. Belén offers aggressive defense for those accused of even the most serious felonies. For a professional and dedicated attorney in the Phoenix, AZ area, you need Belén Law Firm. Call 602-715-0908 or visit our website to schedule your free consultation.
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About Us
Phoenix Criminal Lawyer, Ms. Belen Olmedo Guerra is a strong advocate and litigator. She has handled hundreds of felony cases including sexual crimes, child abuse, prostitution, and homicides. Belen has also received the Avvo Client's Choice Award.
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