Common Types of Criminal Charges in Arizona
At Montano Arentz & Associates, PLLC, their experienced criminal defense attorneys have more than 200 years of combined experience defending criminal cases. Why not put their experience on your side?
The criminal defense attorneys in Phoenix and surrounding areas of Arizona at Montano Arentz & Associates, PLLC can help you if you've been arrested for any criminal offense. They also handle DUI and traffic cases and driver's license suspension cases. They represent clients on State and Federal charges and their Phoenix and Tucson area criminal defense attorneys can handle cases in all courts including Federal, State, Indian, City and Justice Courts in Arizona.
The Phoenix law firm of Montano Arentz & Associates, PLLC knows the importance of fighting a criminal complaint before charges are filed and the case goes to court. They can also assist you with any other crime charge or investigation, state or federal, whether or not you are arrested yet.
At Montano Arentz & Associates, PLLC, their criminal defense attorneys specifically handle the following criminal cases. Click on any case type to obtain more information. While there is never a good time to be arrested, cited or investigated, they are available to help you now - 24 hours a day. To discuss your individual situation, contact their Phoenix, Arizona criminal defense attorneys. They want to help you fight your criminal case and win your freedom.
- FIRST DEGREE MURDER
- SECOND DEGREE MURDER
- VEHICULAR MANSLAUGHTER
- NEGLIGENT HOMICIDE
- AGGRAVATED ASSAULT
- DANGEROUS OFFENSES
- FRAUDULENT SCHEMES
- SEXUAL OFFENSES
- D.U.I & D.W.I.
- AGGRAVATED D.U.I.
- CRIMINAL TRESPASSING
- CRIMINAL DAMAGE
- DOMESTIC VIOLENCE
- FALSE STATEMENTS TO LAW OFFICERS
- DRUG POSSESSION OFFENSE
- DRUG SALE OFFENSES
- RESISTING ARREST
- AGGRAVATED ROBBERY
- ARMED ROBBERY
- THEFT & EMBEZZLEMENT
- ISSUING BAD CHECKS
- MISCONDUCT INVOLVING WEAPONS
- MONEY LAUNDERING
- EXTRADITION CASES
- PROBATION VIOLATION
- SEXUAL ASSAULT
- SEXUAL MISCONDUCT WITH A MINOR
- MOLESTATION OF A CHILD
- SEXUAL ABUSE
- PUBLIC SEXUAL INDECENCY
- CHILD ABUSE
- WHITE COLLAR CRIMES
- ENVIRONMENTAL CRIMES
- FAILURE TO REGISTER AS A SEX OFFENDER
- COMPUTER CRIMES
- ORDER OF PROTECTION
- JUVENILE HEARINGS
- DRIVER ON A SUSPENDED LICENSE
- PROFESSIONAL LICENSE DEFENSE
- RESTITUTION CASES
- RESTORATION OF RIGHTS
- SETTING ASIDE CONVICTIONS
- PREPARATORY OFFENSES
- CUSTODIAL INTERFERENCE
- UNLAWFUL IMPRISONMENT
- SEARCH WARRANT CHALLENGES
- MOTION FOR BAIL REDUCTION
- MOTION FOR O.R. RELEASE
- TRIALS & APPEALS
- POST CONVICTION RELIEF
- RULE 32 PETITIONS
- FORFEITURE CASES
- PRE-FILING ASSISTANCE
When a person is charged with First Degree Murder, it is imperative that he/she seek representation from qualified criminal defense attorneys experience in defending First Degree Murder cases. The Phoenix, Arizona area criminal defense attorneys with Montano Arentz & Associates, PLLC have the qualifications, experience and talent to defend First Degree Murder cases. Contact them to schedule a consultation.
In Arizona, First Degree Murder is the most serious offense and can be committed two ways. First, if a defendant acts with premeditated intent or knowledge and the defendant’s conduct causes the death of another person, the defendant could be guilty of this crime.
The second way First Degree Murder can occur applies when a death results during the commission of a certain other dangerous felonies, or death of a law enforcement officer who is in the line of duty occurs during the commission of a felony. It does not matter whether or not the defendant intended to cause the death; it only matters that the death occurred while the defendant was committing the felony.
This is sometimes called "Felony Murder". An example is when the defendant is robbing a home, the homeowner surprises the defendant, and the defendant kills the homeowner. The defendant’s only intent may have been to rob the home but since the homeowner died as a result of the felony crime of robbery, the defendant will be charged with First Degree Murder.
First Degree Murder is a Class 1 Felony and is punishable by life imprisonment without parole for 25 years or the death penalty. At Montano Arentz & Associates, PLLC, our Phoenix, Arizona criminal defense attorneys have substantial experience handling death penalty cases. Contact us to discuss your case.
Unlike First Degree Murder, premeditated intent is not necessary to commit Second Degree Murder. Intending or knowing that ones conduct will cause death or an extreme indifference to human life by creating a grave risk can result in a Second Degree Murder charge being filed against a defendant. It is also possible to be charged with Second Degree Murder in a D.U.I. alcohol-related accident that involves death by showing extreme indifference to human life.
Second Degree Murder is a Class 1 Felony and if convicted, the defendant can face a minimum sentence of ten years to a maximum sentence of up to twenty-two years imprisonment. Contact our criminal defense attorneys for more information or to discuss your case confidentially and at no cost to you.
In Arizona, Manslaughter occurs when a defendant:
- Recklessly causes the death of another;
- Intentionally or knowingly commits murder in the heat of passion from provocation by the alleged victim;
- Aids another to commit suicide; or,
- Knowingly or recklessly causing the death of an unborn child by physical injury to the mother.
In Arizona, Manslaughter is a Class 3 Felony and the sentencing range depends on a number of factors such as prior criminal history and whether or not the offense was committed with a deadly weapon or dangerous instrument. Many D.U.I. accidents resulting in death are charged as Manslaughter, and the criminal defense attorneys with the Phoenix firm of Montano Arentz & Associates, PLLC have substantial experience representing clients in these types of cases.
In Arizona, a defendant will be indicted for Vehicular Manslaughter if he/she recklessly causes the death of another person while operating a motor vehicle. An example is when a defendant is driving a vehicle and suspected to be under the influence of alcohol or drugs and an accident occurs that results in someone's death.
Often times, the defendant feels he/she did not commit a crime because it was an "accident". Generally the State prosecutors do not believe an accident is a defense. They believe the "accident" may have been avoided if the defendant was not under the influence or had operated the vehicle more carefully.
In this situation, Montano Arentz & Associates, PLLC's experience can be very advantageous to defendants. They can help argue your case and give you a chance for a more favorable outcome.
Contact their Phoenix and Tucson criminal attorneys to discuss your Vehicular Negligent Homicide case. A defendant is indicted for Vehicular Negligent Homicide if the defendant causes the death of another person, and the defendant acted in an intentional, knowing or reckless manner. Negligent Homicide is a Class 4 Felony punishable by a minimum prison term of 4 years and a maximum of sixteen years, depending on the defendant’s prior dangerous felony conviction record.
Aggravated Assault is a common offense that can occur a number of ways and the penalties can vary dramatically. The Phoenix and Tucson area criminal defense attorneys with Montano Arentz & Associates, PLLC have extensive experience defending Aggravated Assault cases and may be able to negotiate a good deal for you if you are charged with this crime.
A defendant can be charged with Aggravated Assault if he/she:
Causes serious physical injury to another;
Uses a deadly weapon or dangerous instrument to assault another;
Enters the home of another with the intent to cause physically injury; or,
Has reason to know that the person the defendant is threatening or intimidating is a peace officer, fire fighter, school teacher or health practitioner.
The exhibition of a deadly weapon or dangerous weapon may also qualify as an aggravated assault. There are several types of Aggravated Assaults and many are very serious, such as Assault with a Deadly Weapon, Assault with a Dangerous Instrument, or Assault that causes physical injury. In these cases, Aggravated Assault is a Class 3 Felony.
There are also several less serious types of Aggravated Assault but if convicted of a first offense in the a serious Aggravated Assault case, the defendant will face a mandatory minimum prison sentence of five years with no option of probation. Aggravated Assault illustrates why it is important to retain the services of experienced criminal defense attorneys.
Montano Arentz & Associates, PLLC may be able to negotiate a serious charge Aggravated Assault down to a less serious charge and possibly spare the defendant several years of jail time. Don’t take chances with your freedom. Contact them today.
The crime of assault in Arizona is committed under three different scenarios:
- Intentionally, knowingly, or recklessly causing a physical injury to another person is a Class 1 Misdemeanor.
- Intentionally placing another person in reasonable apprehension of imminent physical injury is a Class 2 Misdemeanor even if there is no physical injury to the other person.
- Knowingly touching another person with the intent to injure, insult or provoke is a Class 3 Misdemeanor.
The Phoenix, Arizona criminal defense attorneys with Montano Arentz & Associates, PLLC have experience negotiating pleas for defendants charged with assault and defending those charged at trial when a plea agreement cannot be reached or if the defendant is innocent of the charges. Contact them to discuss your case.
In Arizona, sentencing is determined by whether you are convicted for a dangerous or non-dangerous felony. A dangerous offense results from serious physical injury or involves the discharge, use or simply the exhibition of a deadly weapon or dangerous instrument. If the offense is proven dangerous, you face a mandatory sentence of imprisonment.
At Montano Arentz & Associates, PLLC, their Phoenix and Tucson area criminal defense attorneys will work with the Prosecutor to get you the best plea agreement possible. If a plea agreement cannot be reached, they will vigilantly defend you at trial.
The charge of Fraudulent Schemes is often used on larger White Collar Crime cases and their Phoenix, Arizona criminal defense attorneys have the experience to help you. If a defendant obtains a benefit by false pretenses, representations, promises, or material omissions, that person is guilty of a Class 2 Felony. Probation may be available for a first offense, depending on whether or not the defendant is also charged with theft and the amount of the loss.
Montano Arentz & Associates, PLLC frequently represents clients charged with sex offenses. In Arizona, when a defendant is charged with a violation of a sexual offense the Court may admit evidence that he/she committed past sexual offense acts. This evidentiary tool is used against the defendant by the prosecutor to secure a conviction and to secure a longer sentence if the defendant is found guilty.
Kidnapping in Arizona can occur under a number of situations. Their Phoenix, Arizona criminal defense attorneys have experience defending all types of Kidnapping charges. Contact them to discuss your case.
A defendant commits kidnapping when he/she knowingly restrains another person with the intent to:
- Hold the victim for ransom, as a shield, or hostage;
- Hold the victim for involuntary servitude;
- Inflict death, physical injury or a sexual offense on the victim;
- Force the victim to aid in the defendant in the commission of another felony;
- Place the victim or a third person in reasonable apprehension of imminent physical injury;
- Interfere with a government or political function; or
- Seize or control any airplane, train, bus, ship or other vehicle.
Kidnapping is a Class 2 Felony unless the victim is released voluntarily by the defendant without physical injury in a safe place.
Please see the DUI/DWI section in this website.
Driving under the influence or under the extreme influence of intoxicating liquor can become an Aggravated DUI when:
- The defendant is driving on a suspended or revoked license;
- The defendant is charged with his/her third D.U.I offense within 60 months
- A person under fifteen years of age is in the vehicle with the defendant driver
If convicted of this offense, the defendant is subject to a Class 4 or Class 6 Felony. Please see the DUI/DWI section for more information and contact Montano Arentz & Associates, PLLC to discuss your case.
A person commits Arson by knowingly damaging a structure or property by causing a fire or explosion. Arson is a crime that has many classes. What class of Arson the defendant is charged with depends on the factors of:
- Whether or not the structure damaged was occupied by people; and
- The dollar amount of the value of the property destroyed.
A defendant indicted for Arson of an occupied structure will be charged with a Class 2 Felony. If Arson is committed to a structure or property where persons are not likely to be present or are not likely to be dangerously close to the scene of the fire, then the value of the property is relevant to determine the range of the violation from a Class 4 Felony to a Class 1 Misdemeanor.
If you have been charged with Arson or are being questioned in an Arson investigation, contact their Phoenix, Arizona criminal defense attorneys to discuss representation. They can help you.
Burglary is a serious offense and their Phoenix and Tucson area criminal defense attorneys have extensive experience defending the charge. In Arizona, there are three different degrees of burglary classifications. Burglary in the third degree is a Class 4 Felony and occurs when one enters or remains unlawfully in a non-residential structure or in a fenced commercial or residential yard with the intent to commit any theft or any other felony crime. Second degree burglary is a Class 3 Felony when one intends to commit theft or any other felony in a residential structure. If a defendant or an accomplice commits burglary when possession of a deadly weapon, a dangerous instrument or explosives, then the defendant faces a Class 2 Felony if the burglary was committed in a residence.
In Arizona, there are two types of bribery. One type involves public officials and the other involves the private business sector. The Phoenix and Tucson area criminal defense attorneys with Montano Arentz & Associates, PLLC have experience defending both public and private bribery charges. Calls them to discuss your case.
The Arizona Criminal Code classifies bribery as Bribery of a Public Servant when one confers a benefit upon a government employee with the intent to influence that public servant's vote or judgment. The public servant is also indicted for bribery if he in fact solicits, accepts or agrees to accept the benefit. Bribery of a government employee is a Class 4 Felony.
In the private sphere, one commits Commercial Bribery if a person confers a benefit on another person's employee with the intent that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs and the conduct causes economic loss to the employer. If this occurs and the employee accepts the benefit, the employee may also be charged with Commercial Bribery. Commercial bribery ranges from a Class 5 Felony to a Class 1 Misdemeanor, depending on the value of the benefit conferred.
In Arizona, there are three different classifications of Criminal Trespass which a defendant may be charged with. As with burglary, the location of the trespass decides the degree classification charged.
Criminal Trespass in the first degree forms the basis of a Class 6 Felony if one desecrates a religious symbol or religious structure, such as a church.
Criminal Trespass may be a Class 1 Misdemeanor if you enter a residential yard looking into a residence which infringes on the inhabitant's right of privacy.
Criminal Trespass in the second degree is a Class 2 misdemeanor and occurs when a defendant enters or remains unlawfully in a non-residential structure or fenced commercial yard.
Criminal Trespassing in the third degree is a Class 3 Misdemeanor and occurs when a defendant enters or remains unlawfully on the property after a reasonable request to leave by the person in lawful control of the property.
Their experienced Phoenix, Arizona criminal defense attorneys may be able to negotiate a more serious charge of criminal trespass down to a less serious one. Contact Montano Arentz & Associates, PLLC to discuss your case.
At Montano Arentz & Associates, PLLC, their Phoenix, Arizona area criminal defense attorneys may be able to negotiate a more favorable outcome to your criminal damage case.
When a defendant defaces, damages or otherwise tampers with property of another person, the defendant will be indicted for criminal damage. Graffiti is an example of criminal damage.
If the damage to property is ten thousand dollars or more, then the crime is classified as a Class 4 Felony with the felony classification status being reduced depending on the amount of damage. Criminal Damage is a Class 2 misdemeanor when the damage is less than two hundred and fifty dollars.
Charges of assault, criminal trespass, custodial interference or harassment, among other crimes, may cause an arrest for domestic violence if the defendant and alleged victim have a familial relationship or resided in the same household. If the defendant is found guilty of an offense included in a domestic violence and that offense is otherwise probation eligible, the court may offer the defendant probation or intensive probation, which ranges from an imposition of a fine, incarceration in a county jail, payment of restitution and completion of a domestic violence offender treatment program.
If you commit a crime upon your partner, spouse or former spouse, you may be charged with domestic violence. An arresting officer only needs to find probable cause to arrest you for this offense. The Phoenix, Arizona criminal defense attorneys with Montano Arentz & Associates, PLLC can defend you on a domestic violence charge. Contact them.
Contact their Phoenix, Tucson, Arizona area criminal defense attorneys if you are facing a forgery charge. Forgery occurs when one intentionally makes or alters a document or check, knowingly possesses the forged written instrument or intentionally offers or presents a forged instrument, or one that contains false information. Forgery is a Class 4 Felony.
It is unlawful for a person to knowingly make to a law enforcement agency of either this State or a political subdivision of this State, a false, fraudulent or unfounded report or statement or knowingly misrepresent a fact for the purpose of interfering with law enforcement. This is a Class 1 Misdemeanor and you have a right to a jury trial. Their Phoenix, Tucson, Arizona area criminal defense attorneys can represent you at trial and further explain your rights to you. Contact them.
When a defendant maintains a course of conduct towards a specific person by staying in visual or physical proximity to that person or when a defendant directs threats to a person on at least two occasions, the defendant may be charged with stalking. If the victim reasonably fears his/her safety or the safety of his/her immediate family member, then the defendant can be charged with a Class 5 Felony. Those convicted of stalking can face serious lifelong consequences. Contact their Phoenix, Arizona criminal defense attorneys for representation.
In Arizona, it is a felony to possess or use of marijuana and other dangerous drugs. The seriousness of the offense depends on the quantity of the drug. Under §13-3405, if a defendant is charged with possession or use of marijuana, he/she will be charged with a Class 6 Felony if less than two pounds are found in his/her possession. The offense becomes more serious as the amount of marijuana found in the defendant’s possession increases. For example, 2-4 pounds is a Class 5 Felony.
Conviction of possession or use of marijuana includes fines. Probation is available for this offense. The terms of the probation will include that the defendant can not use marijuana or any other narcotic drug or drink alcohol. Probation terms will also include community service and a minimum of an 8-hour class on the instruction of the harmful effects of drugs and marijuana.
Violation of § 13-3407 for possession or use of a dangerous drug or violation of § 13-3408 for possession or use of a narcotic drug are normally Class 4 Felonies. However, probation may be available in Arizona for possession or use of these controlled substances for a first or second possession or use charge. In Arizona, those charged have a right to a jury trial on all drug cases. Contact their experienced criminal defense attorneys in Phoenix and surrounding areas of Arizona. They will help you get the best possible deal or represent you at trial.
The Arizona Criminal Code and Arizona courts distinguish between possession and possession for sale when it comes to drugs like marijuana, dangerous drugs or narcotic drugs. The Criminal Code provides for statutory threshold amounts that determine punishment. For example, possession of 2 pounds of marijuana, 9 grams of cocaine, or 9 grams of methamphetamine will result in a mandatory prison term and may not be probation eligible.
Whether you are charged with possession or possession for sale may depend on the quantity of the drug, but also other items found by law enforcement in your possession or control such as a large quantity of cash, ledgers, scales, drugs paraphernalia and/or surveillance equipment. Your own statements or admissions may also be grounds for increased charges. If you’re being investigated for or charged with this crime, please contact the Phoenix, Arizona criminal defense attorneys at Montano Arentz & Associates, PLLC. They can help you.
A person is charged with Resisting Arrest when he/she intentionally prevents or attempts to prevent law enforcement from effecting an arrest by using or threatening physical force against the officer or another. A person can also be charged with Resisting Arrest when his/her conduct creates a substantial risk of causing physical injury to the officer or another. Resisting Arrest is a Class 6 Felony. Contact their Phoenix, Arizona area criminal defense attorneys for representation.
Robbery is designated a Class 4 Felony. Robbery occurs when a defendant, in the course of committing a theft, threatens or uses force against a property owner for the purpose of taking property from the rightful owner. Robbery can also occur when the property is taken from someone who has lawful possession of the property but is not the property owner. Purse snatching is an example of robbery. Conduct their Phoenix, Arizona criminal defense attorneys to discuss your case
Aggravated Robbery occurs if you commit the robbery with the aid of at least one accomplice. Then the offense becomes a Class 3 Felony.
A defendant commits armed robbery by committing robbery while the defendant or his/her accomplice is armed with a deadly weapon or simulated deadly weapon, or threatens to use a deadly weapon or dangerous instrument or simulated dangerous weapon. Armed robbery is an extremely serious offense. Contact their Phoenix, Tucson, Arizona area criminal defense attorneys to discuss representation.
If you are accused of shoplifting or being investigated for shoplifting, contact their Phoenix and Tucson area criminal defense attorneys. They can help you.
Shoplifting can carry serious penalties. The classification of the crime for shoplifting depends on the value of the property at issue and ranges from a Class 5 Felony to a Class 1 Misdemeanor. Further if the defendant has prior theft convictions from within the past five years, the defendant may be charged with a Class 4 Felony regardless of the value of the property.
A defendant is charged with shoplifting when he/she:
- Removes goods or attempts to remove goods from a merchant's place of business without paying for the items
- Charges the purchase price of the goods to a fictitious person or any person without that person's authority
- Alters the price tag of the good to pay less than the purchase price
When a person is found in the merchant's establishment with concealed goods, that merchant may detain the person on the premises for questioning and summon law enforcement.
Taking the property or money of another without the owner’s permission can result in a charge of theft or embezzlement. The seriousness of the charge depends upon many factors, including the value of the property taken and/or the amount of money embezzled. The reason why the defendant committed the theft and/or the ability to make restitution can also have an impact on the case. The Phoenix, Arizona criminal defense attorneys with Montano Arentz & Associates, PLLC can help negotiate a plea bargain or represent you at trial. Contact Montano Arentz & Associates, PLLC.
A defendant is charged with this crime, which is a Class 1 Misdemeanor, when he/she issues or passes a check knowing that there is not sufficient funds to cover the value of the check. It is presumed the defendant has such knowledge of insufficient funds when:
- The account the check was written from was closed at the time the check was issued or passed, or
- Once notified the check was not honored upon presentation, the defendant failed to pay the holder the full amount due on the check within 12 days after receiving notice of that refusal.
Their Phoenix, Arizona criminal defense attorneys can evaluate your case to determine if one or more of the statutory defenses to this crime applies to your case. Contact them.
Misconduct Involving Weapons occurs when a defendant carries a concealed deadly weapon on his/her person or with him/her in his/her vehicle without a permit. A defendant can also be charged with this crime by manufacturing, transporting, or selling prohibited weapons, possessing a deadly weapon on school grounds, or when supplying a firearm to another person when the defendant has reason to know that the person would use that firearm for the commission of a felonious crime. Depending on the type of conduct involved, a defendant in this case may be charged with a Class 3 Felony or a less serous crime. Contact their Phoenix, Tucson, Arizona area criminal defense attorneys for representation.
Money Laundering occurs when the defendant knows or should have known that he/she is holding, transporting, or concealing proceeds of a criminal offense or racketeering. Money Laundering is a Class 3 Felony, which can increase to a Class 2 Felony if the defendant is found to be in the "business" of Money Laundering. Their criminal defense attorneys can help. Contact the Phoenix firm of Montano Arentz & Associates, PLLC to discuss your case.
When a defendant threatens physical injury to property or person, threatens to falsely accuse someone of a crime or threatens to expose a secret to knowingly obtain property or services, the defendant will be indicted with the crime of theft by extortion. Their Phoenix, Arizona area criminal defense attorneys can discuss the affirmative defenses available to those charged with this crime. If convicted, the crime is a Class 4 Felony unless a deadly weapon or dangerous instrument was used for the threat and then the crime raises to a Class 2 Felony.
Arizona has adopted the Uniform Criminal Extradition Act of which most of the United States and United States Territories have also adopted. In order to be extradited to another state for a crime committed in that state, there is a formal process, including the issue of an arrest warrant.
A person to be extradited to another state may be subject to confinement until the extradition takes place and under certain scenarios may be eligible for bail issued by a judge or magistrate of this state. Further, if the defendant is extradited back to Arizona, the defendant may be tried in Arizona for any other crimes which he/she is charged with having committed here, in addition to the crime which gave rise to the extradition request.
If you are arrested in Arizona under a warrant from another state, you have a right to a hearing to determine whether or not you are the correct person wanted in the other state. Identity is the issue. Contact their Phoenix criminal defense attorneys to discuss your extradition situation.
Pandering occurs by placing, compelling, inducing or encouraging a person for purposes of prostitution or to lead a life of prostitution. Pandering is a Class 5 Felony.
The offense of Perjury results when a person makes a false sworn statement, believing it to be false, or when under the penalty of perjury renders a false and sworn statement regarding a material issue that he or she believes to be false. Perjury is a Class 4 Felony.
Probation violations have many consequences, which can often be lessened by involving experience criminal defense attorneys. If you are facing a probation violation, contact us to discuss representation.
The sentencing court may impose conditions for probation for those probation eligible offenses and a probation officer may also implement other conditions of probation. If a probationer does not follow or violates the conditions and regulations of probation, the probation officer or the prosecutor may go back to petition the sentencing court to revoke probation. At that point the sentencing court may issue a summons directing the probationer to appear on a specified date or may issue a warrant for his/her arrest.
If the probationer admits to the violation, or after evidentiary hearing there exist a preponderance of evidence of a violation of probation, the sentencing court may revoke the probation and impose additional probation conditions, jail time, or may even reinstate the original prison sentence for the crime originally charged.
Examples of probation violations include failing to take or testing positive for random alcohol and drug urinalysis tests when use of alcohol or drugs is prohibited by the probation, or by failing to attend required treatment programs. The probationer is not eligible to be bonded out of jail while waiting for a probation violation hearing. Usually, the probationer can get his/her probation reinstated if there are no new crimes and it is his/her first probation violation.
Racketeering is a very serious crime with life changing consequences. Contact their Phoenix, Arizona criminal defense attorneys if you are being investigated for or have been charged with racketeering.
Racketeering is an act that is chargeable or indictable under the laws of this state or under the state in which the act occurred (such as murder or extortion) and is committed for financial again. Illegally controlling or conducting an enterprise through racketeering is generally a Class 3 Felony. Upon conviction of a racketeering offense, the Superior Court may, in addition to any criminal sentence, impose civil remedies, including payment of treble damages or ordering the person convicted to divest him/herself of any interest resulting from the enterprise.
Sexual Assault occurs when a defendant intentionally or knowingly engages in sexual intercourse or oral sex with any person without consent of that person. The conviction for Sexual Assault carries a mandatory minimum sentence of 5.25 years to a maximum of 14 years for a first offense. Two or more historical priors for sexual assault carry a maximum sentence of 28 years.
A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person that is under 18 years of age. Sexual conduct with a minor who is at least 15 years of age or older is a Class 6 Felony.
It is a more serious offense if the sexual conduct is with a minor who is under 15 years of age and in this situation the crime becomes Class 2 Felony. Sexual conduct with a minor under 15 years of age by statute defined as a dangerous crime against children and depending upon the circumstances the defendant may be subject to life imprisonment without the eligibility for suspension of sentence, probation or release of confinement until 35 years of the sentence has been served.
Contact the Phoenix and Tucson area criminal defense attorneys with Montano Arentz & Associates, PLLC if you or a loved one has been charged with this crime. They can help.
Molestation of a Child occurs when a person intentionally or knowingly engages in or causes a person to engage in sexual contact with a child under 15 years of age. Molestation of a Child is a Class 2 Felony and defined by statute to be a dangerous crime against children.
A defendant commits sexual abuse when he/she intentionally or knowingly engages in sexual conduct with any person without the consent of that person or with any person who is under 15 years of age, even if the sexual contact involves only the female breast. Sexual abuse is a Class 5 Felony, unless the victim is under 15 years of age and then the crime is treated as a dangerous crime against children and a Class 3 Felony. Contact their Phoenix criminal defense attorneys to discuss representation.
A defendant is charged with public sexual indecency when he/she intentionally or knowingly, in the presence of another person that would reasonably be offended or alarmed by the act, engages in an act of sexual contact, oral sexual contact, sexual intercourse, or sexual contact between him/herself and an animal. If the offended person is a minor under the age of 15 years, the crime is charged as a Class 5 Felony. Otherwise, this crime is a Class 1 Misdemeanor.
Child abuse can be a complicated situation. Contact the Phoenix, Arizona criminal defense attorneys with Montano Arentz & Associates, PLLC to discuss your case and representation.
There are many different types of child abuse and it is also a crime under this section to abuse vulnerable adults. Any person who abuses a child or vulnerable adults, under circumstances likely to cause death or serious physical injury, and causes them to suffer physical injury or causes them to be placed in a dangerous situation, may be found guilty of the following offense:
- If done intentionally, a Class 2 Felony if the victim is under age 15;
- If done recklessly, the offense is a Class 3 Felony;
- If done with criminal negligence, the offense is a Class 4 Felony.
If the circumstances are not likely in the abuse to cause death or other serious physical injury but the victim suffers some injury, the offense is classified as follows:
- If done intentionally, Class 4 Felony;
- If done recklessly, Class 5 Felony;
- If done with criminal negligence, Class 6 Felony.
Contact their Phoenix, Tucson, Arizona area criminal defense attorneys if you have been or accused of or questioned in connection with a White Collar Crime. In Arizona, the most typical type of "White Collar Crime" is theft. Business and commercial frauds also constitute White Collar Crime. Fraudulent schemes to obtain money and defrauding secured creditors are examples of White Collar Crimes. Defrauding of creditors occurs when a defendant intentionally secretes, assigns, conveys, conceals or destroys property for the purpose of keeping the property from being taken as payment for a judgment or security interest. When the offense involves judgment creditors, the fraud typically includes receiving deposits into an insolvent financial institution.
Environmental crimes encompass many activities. Their Phoenix, Arizona criminal defense attorneys can defend you in these situations and get you the best possible deal or represent you at trial.
Criminal littering or polluting occurs when a property owner unlawfully permits to be dumped on his property any litter or any destructive or injurious material which he/she does not immediately remove. Criminal littering or polluting also occurs when a property owner discharges or permits to be discharged any sewage, oil products, or other harmful substances into any water or on to any shorelines he/she owns. Dumping earth, soils, stones, ores, or minerals on any land in a prohibited volume or weight may constitute an environmental crime. The volume and/or weight of the prohibited substance controls the designation of the offense from a Class 2 misdemeanor up to the range of a Class 6 Felony.
A person convicted of a sexual offense or kidnapping of a minor, whether in Arizona or elsewhere, must register with the Sheriff of the county where the offender is located and has a duty to inform the sheriff's office of change of address and change of name immediately. A person who is subject to registration as a sex offender and who fails to comply with the registration requirements, is charged with a Class 4 Felony. Contact their Phoenix, Arizona criminal defense attorneys to confidentially discuss your situation.
Computer crimes are generally a Class 6 Felony. Certain defenses apply and their Phoenix, Tucson, Arizona area criminal defense attorneys can help you determine which defenses may apply to your situation.
Computer tampering occurs when the defendant acts without authority and intentionally accesses, alters, damages, or destroys any computer, system or network with the purpose to defraud or deceive, devise or scheme, or to control property or services by means of false pretenses, representations or promises. A defendant may be charged with computer tampering by knowingly deleting computer programs or data or introducing a contaminant (such as a virus) into a computer system. A defendant may be charged under § 13-2316 for recklessly using a computer or system for a scheme directed to another person to threaten or terrorize that person.
Computer tampering ranges from a Class 6 up to a Class 3 Felony and sentencing may also involve an order divesting the defendant of the computer system that was used in the commission of the offense. Under § 13-2316.02, if a defendant makes public certain information, he/she may be charged with unauthorized release of confidential computer security information without the authorization of its owner or operator.
Orders of Protection are issued as a civil action by a magistrate, justice of the peace or superior court judge for the purpose of restraining a person from committing an act included in domestic violence. The order is issued ex-parte (without notice to the defendant) and once served is effective against the defendant. An order of protection is good for one year.
Generally, the order of protection restrains the defendant from contacting the plaintiff or other specifically designated persons from coming near the residence, place of employment or school of the plaintiff, on a showing that there is reasonable cause to believe that physical harm may otherwise result.
The defendant is entitled to a civil hearing on the order of protection within 10 days after requesting a hearing or within 5 days if the court in the order awarded exclusive use of the residence to the plaintiff. If after the hearing the order of protection is upheld, the defendant then violates the order of protection, the criminal element comes into play and the defendant, for disobeying the order, may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other underlying domestic violence crime committed.
After an arrest for violation of the order of protection, a prosecuting agency has the option to take further legal process which may include an appearance bond and conditions, including the participation in a domestic violence counseling program and/or management course.
Our courts in Arizona provide separate rules of procedure for persons under the age of 18 years old who are arrested or are subject to a petition for delinquency, dependency, incorrigibility, or diversion. A juvenile can only be detained if there is probable cause to believe that the juvenile committed the act alleged in the petition. There is priority in scheduling juvenile cases and the hearings are not public in nature. The disposition of a juvenile criminal matter is treated differently in punishment than its counterpart for an adult crime. Appeals from the juvenile court are made to the Court of Appeals. Special appellate rules for juvenile case appeals also apply. Contact the Phoenix and Tucson area criminal defense attorneys with Montano Arentz & Associates, PLLC to discuss your child’s situation.
This serious charge occurs if your license is suspended or revoked as the result of a D.U.I. offense. The offense has a minimum mandatory jail term of two days, which must be served as 48 hours consecutive with no work release. The defendant can also receive probation, a fine, and up to six months in jail as part of the sentence if convicted. Contact their Phoenix criminal defense attorneys for representation.
At Montano Arentz & Associates, PLLC, their Phoenix and Tucson area criminal defense attorneys can defend your professional license against suspension. Liquor license defense is common. They can also assist with legal or medical ethics defense and with defenses in many other professions. Please contact Montano Arentz & Associates, PLLC to obtain more information.
Upon a conviction of a criminal offense causing economic loss to any person, the court in its discretion may order all or a portion of a fine imposed on the defendant to be allocated as restitution or may order the defendant to pay restitution independent of the fine, to the person who suffered the economic loss caused by the criminal conduct. The court is not authorized to consider the economic circumstances of the defendant in determining the amount of restitution but has discretion in ordering the manner of the payment. If the probation officer or court has reason to believe that the court ordered restitution is not being made, such information must be reported to the court and the court may revoke the defendant's probation, parole or community supervision.
A conviction for a felony suspends the right to vote, the right to hold public office, the right to serve as a juror, and during any period of imprisonment, any other civil right which is necessary for the security and protection of the public. Conviction also suspends the right to possess a gun or firearm.
Generally, a person whose period of probation has been completed may have his civil rights restored by a judge upon proper application, although there may be further restrictions on the right to possess or carry a gun or firearm. At Phillips & Associations, our Phoenix criminal defense attorneys can file a petition requesting that the court restore your civil rights so that you can again vote and carry a gun.
A Phoenix, Arizona criminal defense attorney can help you have your conviction set aside. This statute allows a court to set aside a judgment of a convicted person on discharge. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge's successor, to have the judgment set aside. Application must be made in writing by an attorney, probation officer or the defendant. If the judge grants the application, the court shall set aside the judgment of guilt and dismiss the accusations, except for penalties imposed by § 28-3304, §28-3306, § 28-3307, and § 28-3308.
Any offense involving the following may not be set aside:
- Offenses involving serious physical injury;
- Offenses involving use or exhibition of a deadly weapon or dangerous instrument;
- Sexual offenses;
- Offenses involving a victim under the age 15;
- A violation of § 28-3473;
- Any local ordinance relating to operation of a vehicle, except, §28-693.
It is a crime to "attempt" to commit a crime. It is also a crime to "conspire" with others or plan to commit a crime. Usually, indictments for attempt or conspiracy are related to high profile serous cases such as conspiracy to commit a murder. Contact their Phoenix, Arizona criminal defense attorneys to discuss your defense.
Their Phoenix and Tucson area criminal defense attorneys have experience handling Custodial Interference cases. The penalties in these types of cases vary and the seriousness of the charges can escalate depending upon the circumstances. Contact Montano Arentz & Associates, PLLC. They can help you.
A defendant is charged with this Felony when the defendant keeps a child from the lawful custody of another and knows or should know that he/she has no legal right to do so. This may occur even if the defendant is a parent of the child if the defendant didn't have an appropriate custody or visitation order at the time the offense was committed.
Custodial Interference may range from a Class 1 misdemeanor if the defendant returns the child without injury prior to arrest up to a class 6 Felony. Custodial Interference can also lead to a charge of kidnapping or unlawful imprisonment.
It is unlawful to knowingly restrain another person unless otherwise allowed by law. A violation of this statute is a Class 6 Felony unless the victim is released without physical injury to a safe place prior to arrest then the offense is a Class 1 Misdemeanor.
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures of their property. If the government violates your rights, the Phoenix , Arizona criminal defense attorneys with Montano Arentz & Associates, PLLC can file motions to challenge the search and the admissibility of the evidence.
They can file a Motion to Reduce your Bail Bond while you are waiting for trial. We need to know information about your ties to the State of Arizona to show that you will not flee the State.Their Phoenix, Tucson and other Arizona area criminal defense attorneys will aggressively pursue your release.
Their Phoenix, Arizona criminal defense attorneys file this Motion in an attempt to get the defendant released from jail while trial is pending. Sometimes, the court sets an unreasonable bond amount and we can try to reduce it. Perhaps there was a mistake of fact that led to a high bond or now there is a change in circumstances that would allow a lower bond amount. We will argue your case for O.R. release. Contact Montano Arentz & Associates, PLLC for help.
Their Phoenix criminal defense attorneys handle all types of criminal cases in Arizona, including all types of trials and appeals.
There are several types of Post Conviction assistance. The most common are appeals, motions to modify sentence or terms of probation, and Rule 32 Petitions. At Montano Arentz & Associates, PLLC, their Phoenix, Arizona criminal defense attorneys can help. They offer a free consultation to determine whether or not they can assist in your case.
If someone is serving time in prison, the Phoenix and Tucson area criminal defense attorneys with Montano Arentz & Associates, PLLC can file a Rule 32 Petition in an attempt to win early release, or dismissal of the case. Grounds to file a Rule 32 include the following:
- The conviction or sentence is in violation of the Constitution of the United States or the State of Arizona.
- The Court was without jurisdiction to render judgment or impose sentence.
- The sentence imposed exceeds the maximum allowed by law.
- The person is held in custody after the sentence expired.
- Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence.
- Defendant failed to appeal and it was not the fault of the defendant.
- There has been a significant change of law that, if determined to apply to defendant's case, would probably overturn the defendant's conviction or sentence.
There are several circumstances that could lead to asset forfeiture and at Montano Arentz & Associates, PLLC, their Phoenix and Tucson area, Arizona criminal defense attorneys can help you. The State has the right to seize property, like an automobile, if they find drugs in the car. An aggravated D.U.I. conviction could also lead to a vehicle forfeiture case. Forfeiture cases are civil and they are against the property.
Their Phoenix, Arizona criminal defense attorneys offer assistance to you before charges are filed. This pre-filing assistance benefits you in several ways:
Through a Pre-File Investigation, we get involved in investigating your case and preparing your defense after you have been contacted by a law enforcement agency but before charges have actually been filed.
Our goals of a Pre-File Investigation are to minimize your criminal liability by:
- Preventing the filing of a criminal charge.
- Reducing charges from felonies to misdemeanors.
- Diverting allegations into an informal non-criminal resolution.
- Easing your concerns about the case.
- Keeping you apprised of legal rights.
- If charges are filed, assist with your surrender to avoid public arrest.
A Pre-File Investigation prevents charges from being filed by bolstering their client's credibility through:
- Private polygraph -- if the results are favorable, then they will be shared.
- Reference letters from community leaders, religious leaders, teachers, friends, etc.
A Pre-File Investigation prevents charges from being filed by attacking the credibility of the victim by:
- Using other witnesses to question the reputation and truthfulness of the victim.
- Revealing unsubstantiated allegations against others made by the victim.
Montano Arentz & Associates, PLLC and Phillips Law Group, P.C. are separate independent law firms from other firms listed on this website. Phillips Law Group, P.C. handles only contingency fee cases. This includes automobile and vehicle accidents and all personal injury cases but we also handle medical malpractice, product liability, employment, wage and hour cases, Social Security disability and worker's compensation cases. Montano Arentz & Associates, PLLC, handles only Criminal and DUI cases, as well as consumer Bankruptcy and Debt Relief cases, and Immigration Law cases.