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While a misdemeanor is not as serious as a felony offense under Arizona law, conviction can lead to fines, jail time, probation, and other punishments that interfere with your daily life. Speak with a Phoenix misdemeanor charges lawyer if you were arrested or cited after an incident in Downtown Phoenix, along Camelback, near Roosevelt Row, or anywhere else in the Valley.
Your attorney can go over the specific charge, potential penalties, and the prosecution’s burden for the issues involved in your case.
Davidson Criminal Defense & DUI Law Firm handles misdemeanor charges and felony charges throughout Phoenix and nearby Arizona communities. Joshua Davidson is a former prosecutor who has been practicing law for close to three decades.
Having experience in both the prosecution and defense of criminal cases allows Davidson to understand how prosecutors view police reports, witness interviews, physical evidence, and other information when determining how to pursue a charge. The firm provides each client with representation that is tailored to their specific circumstances based on the allegations and evidence of their individual case.
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Call (602) 493-3600Phoenix, AZ, sees its fair share of crime. NeighborhoodScout recorded 52,220 overall crimes in the city, comprising 38,905 property offenses and 13,315 violent crimes. There are 31.21 crimes per 1,000 people overall.
Arizona statute ARS § 13-601 organizes crimes into felonies, misdemeanors, and petty offenses. ARS § 13-604 separates misdemeanors into Class 1 misdemeanors, Class 2 misdemeanors, and Class 3 misdemeanors. Class 1 misdemeanors are serious misdemeanors, while Class 3 misdemeanors have the least jail time.
The classification gives the crime a general sentencing range if convicted. The actual statute defining the offense may impose additional penalties or create further consequences.
Misdemeanors are criminal offenses and should be differentiated from civil violations. While either can result in a citation instead of an arrest, misdemeanors result in a criminal case record upon conviction and can lead to penalties not available in normal civil traffic cases or code violations.
ARS § 13-707 defines maximum jail sentences for misdemeanors in Arizona. These are based on the class of misdemeanor, outlined by the following:
The state of Arizona has separate statutes defining maximum fines for misdemeanors. An individual may also be sentenced to probation, restitution, treatment or education courses, community service, or other punishments the judge requires upon conviction.
Probation is also a possibility. ARS § 13-902 defines maximum probation terms, based on the categorized offense:
If a person receives a DUI conviction, those penalties can last longer. For those offenses, a judge can order a defendant to serve probation for five years.
Maximums do not equal automatic sentences. The actual penalty hinges on the nature of the offense, the defendant’s past record, the case’s specifics, statutory sentencing guidelines, and the chosen resolution strategy.
Arizona misdemeanor charges address a broad range of conduct. Some offenses are misdemeanors in all cases except under specific circumstances that may reclassify the offense. Others are divided into multiple classes based on the alleged facts of the offense.
A person commits an assault by inflicting physical harm, making someone reasonably fear immediate physical harm, or intentionally touching them to hurt, insult, or provoke them.
Classification depends on the type of conduct. Causing physical injury intentionally or knowingly is typically charged as a Class 1 misdemeanor. Recklessly causing physical injury to another person is a Class 2 misdemeanor. Several other types of misdemeanor assault are Class 3 misdemeanors.
The law addresses multiple types of disorderly conduct. The statute defines disorderly conduct to include fighting, seriously disruptive actions, excessive noise, provocative language or gestures, disrupting legal gatherings, and failing to follow a valid dispersal order in specific situations.
These offenses are typically Class 1 misdemeanors, except that disorderly conduct involving the reckless handling, exhibition, or discharge of a deadly weapon or dangerous instrument.
Traffic citations can be civil infractions or criminal charges. Criminal traffic offenses handled by Phoenix Municipal Court include DUI, reckless driving, drag racing, and hit-and-run offenses.
While most traffic offenses are limited to fines, criminal traffic offenses can include incarceration or driver’s license restrictions if authorized by the statute that creates the offense. Arizona criminal traffic laws also differ by offense. Instead of relying on general traffic laws, consult the statute pertaining to the alleged offense.
Shoplifting and criminal trespass are also handled by Phoenix Municipal Court. As with various other offenses, how these are categorized hinges on the precise behavior, and occasionally the worth of any property taken or damaged.
For that reason, two individuals accused of the same general conduct might not face the same charge. To grasp the elements the state must prove and the sentencing possibilities, examine the specific statutory subsection listed on the complaint or citation.
The distinction between a misdemeanor and a felony may depend on details that are not immediately apparent from the incident’s basic description. How conduct is charged can depend on a number of factors, including past convictions, the availability or use of a weapon, the extent of an alleged damage, the worth of property, or the nature and relationship of the individuals involved.
For example, simple assault might ordinarily be charged as a Class 3 misdemeanor, but involving a deadly weapon may enhance punishment. Enhancements may also apply based on prior convictions. Prior convictions can trigger sentencing enhancements under Arizona law, potentially elevating the penalties or even the classification of a subsequent offense. That is why it is important to know the exact charge you are facing.
Domestic violence is broadly defined by Arizona law. Typically, prosecutors decide to label certain offenses when a recognized connection exists between the parties. In other words, assault or certain types of disorderly conduct becomes domestic violence if the people involved meet the relationship requirements listed in the statute.
Arizona has additional penalties for misdemeanor convictions deemed to be domestic violence. Judges are typically required to sentence misdemeanor domestic violence convictions to a domestic violence offender treatment program approved by the court.
After a person is charged with a misdemeanor, sometimes they are arrested and taken to jail. Other times, law enforcement may issue a citation and release someone from custody. The charging document and other court paperwork should indicate where and when to appear.
The defendant appears before the court and is informed of the charge at an arraignment. Plea options are given, and the defendant can plead guilty, not guilty, or no contest. After entering a not guilty plea, the case may proceed immediately or continue until a pretrial conference is held. If the defendant pleads guilty or no contest, the matter may be resolved without going to trial. The court must have jurisdiction and accept the guilty plea before imposing a sentence.
Prosecutors must prove every element of the crime beyond a reasonable doubt. Before trial, the evidence may include:
Negotiations may lead to a resolution without trial. The court may dismiss the case, or it may proceed to jury trial or bench trial. Every case is different based on the specific evidence, statute, defenses, and decisions by those involved.
Defendants have rights, and evidence must meet certain standards. There are numerous defenses to misdemeanor charges based on the evidence and circumstances of the case. No universal defense applies to every misdemeanor charge in Phoenix. Any defense to a criminal charge requires an analysis of the elements of that crime and the evidence the prosecutor might present.
Assault, for example, may involve defenses related to self-defense, lack of physical injury, or lack of intent to threaten another person. Theft charges may raise different issues concerning ownership of property or criminal intent. If two witnesses provide different accounts of the alleged offense, credibility may become a defense issue.
Constitutional issues sometimes provide a defense to criminal charges as well. Evidence might not be allowed in court if it was obtained through an illegal search and seizure, or if it includes statements made against someone’s constitutional rights.
When you hire a misdemeanor charges lawyer, they can analyze the elements of the offense. A Phoenix misdemeanor charges attorney can compare the elements to the evidence described in the police report and by the prosecutor.
An attorney can request police reports and review any available video or audio recordings. Furthermore, an attorney can speak with witnesses, examine all relevant evidence, both tangible and digital, and pinpoint any constitutional or evidentiary challenges that warrant attention. Your lawyer can file motions, speak with the prosecutor about resolution options, explain the consequences of a plea offer, and prepare your case for trial if necessary.
When prosecutors use prior convictions to enhance the seriousness of a current offense, your attorney can examine those allegations. An attorney can request the legal documentation used to establish prior convictions. Importantly, the attorney’s role includes reviewing any proposed resolution to identify potential consequences.
Jail and fines are not the only potential consequences of misdemeanor charges. Probation conditions, treatment programs, restitution, driver’s license suspension, and other orders have a lasting impact. A defendant should understand the entire effect of a plea decision before agreeing to accept a prosecutor’s offer. A lawyer can help you understand misdemeanor laws and develop the most appropriate next steps to advocate for a favorable future.
Yes, a Class 1 misdemeanor can be dropped in Arizona, but it is not guaranteed. Prosecutors sometimes dismiss or reduce charges due to issues with evidence, legal issues, negotiation, or other factors. Defense attorneys can contest evidence to get charges thrown out when possible. If dropped, people who qualify in Arizona can also petition to seal related records of the case.
There is no one most common punishment for a misdemeanor. Punishment isn’t typical across Arizona misdemeanor cases because penalties vary based on the crime, criminal record, and other factors of the situation. Penalties that are available may include jail time, probation, fines, community restitution, or court-ordered treatment or education classes. Arizona law allows up to six months jail time for a Class 1 misdemeanor and up to three years probation.
Arizona generally has a record sealing and set-aside process instead of expungement. Certain Class 1 misdemeanor records might be sealed after three years from when all nonmonetary terms of the sentence were completed and the person was discharged, if other qualifications are met. Arizona typically allows eligible individuals who finish their sentence to get a conviction set aside instead of expunged.
Arizona law prevents certain crimes from being expunged. Those that are ineligible for sealing include dangerous offenses, dangerous crimes against children, some other serious or violent crimes, sex trafficking, and some sex-related felonies. Additionally, crimes involving use or threatened exhibition of a deadly weapon or knowingly causing serious physical injury cannot be sealed. Rules for actual expungement are different.
The penalty for a misdemeanor conviction can range dramatically based on the type of misdemeanor and the statute under which you are charged. Learn exactly what you are accused of and what your options are before entering a plea. Davidson Criminal Defense & DUI Law Firm can help.
At Davidson Criminal Defense & DUI Law Firm, we defend individuals charged with misdemeanors and other crimes throughout Phoenix and nearby communities. Defense attorney Joshua Davidson has over two decades of experience in the legal field and knows how to use his former experience as a prosecutor to your advantage when defending your criminal case. Contact us today to learn about your legal options.
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