Phoenix Criminal Defense Attorneys

Arizona does not allow crimes to be "expunged" like other states. Instead, certain offenses may be "set aside," allowing those convicted to avoid the negative impact of having a criminal record. However, state law does not allow any drug convictions to be set aside except for those related to marijuana. Under new state laws, anyone convicted of specific marijuana offenses can petition the court to try and have their record expunged if they meet the eligibility requirements. It should be noted that the new laws still do not allow convictions related to the sale or distribution of marijuana to be expunged.

The Arizona statute of limitations allows prosecutors up to seven years to file felony charges against someone they believe has committed a crime. The statute of limitations ensures that evidence is available to pursue legal action and that potential defendants do not have to live with the worry of possibly having to face charges. However, certain felony cases are exempt from the seven-year time limit, including crimes such as murder, conspiracy to commit murder, and manslaughter. Other offenses that can be prosecuted after the seven-year time limit has expired include sexual exploitation of a child and child sex trafficking.

Many Arizona residents are unsure of the difference between assault and aggravated assault. Under state law, simple assault is charged as a misdemeanor, whereas aggravated assault is charged as a felony. A simple assault may be charged against an individual for recklessly or intentionally causing another person to be in reasonable fear of physical injury. Conversely, a person may be charged with aggravated assault if the same legal elements apply as those of simple assault. Still, the crime also involves other factors, such as the use of a deadly weapon, sexual assault, or results in a severe injury, just to name a few.

Although the consequences of a misdemeanor conviction are not as severe as those of felony convictions, they can still have a negative impact on your life. Most employers conduct background checks on applicants, and a misdemeanor conviction could adversely affect your ability to obtain gainful employment and housing. A misdemeanor may automatically disqualify you from specific jobs, such as those in healthcare or those related to finance or the care of minors. One of the best ways to avoid the legal implications of any criminal conviction is to hire an attorney to try to have your charges dismissed or reduced.

Aside from a lengthy prison sentence, several other potential legal implications are associated with a Dangerous Crimes Against Children (DCAC) conviction. Most DCAC convictions require individuals to register as sex offenders for life, which limits where they can reside and work. Anyone convicted of DCAC will also lose their civil rights, including the right to own and possess firearms and vote legally. Arizona law also prevents individuals with DCAC convictions from holding specific occupational or professional licenses. However, one of the most significant implications involves the social stigma and loss of an individual's reputation in the community.

 If you are accused of violating probation in Arizona, you could face a probation violation hearing. Unlike a criminal trial, the burden of proof is lower at these hearings—the judge only needs to find that a violation occurred by a "preponderance of the evidence," rather than beyond a reasonable doubt. If the judge finds a violation occurred, they could impose additional probation terms, extend your probation, or revoke probation entirely and impose the original jail or prison sentence. Having a lawyer to defend you at a violation hearing can be crucial.

 Arizona has strict laws for driving under the influence (DUI), even for first-time offenders. A first-time DUI conviction typically results in mandatory jail time, fines, license suspension, mandatory alcohol education classes, and the requirement to install an ignition interlock device on your vehicle. Penalties can be more severe depending on the blood alcohol concentration (BAC) level or if there were aggravating factors like a minor in the car. An attorney may be able to help minimize the consequences or challenge the evidence against you.

Being accused or convicted of a sex crime in Arizona can change your life in ways that extend far beyond the legal system. Even without a conviction, the stigma attached to such allegations can damage your reputation, strain relationships with family and friends, and lead to loss of employment or professional licenses. You may face social isolation, emotional distress, and challenges rebuilding trust within your community. A conviction only intensifies these hardships, often bringing long-term barriers to housing, career advancement, and personal relationships. The emotional and social toll can be overwhelming, which is why it is critical to have a compassionate and skilled defense attorney who not only fights the charges but also understands the broader impact these cases have on your future.