Theft Crimes AZ - James Novak

Defendant in Credit Card Forgery Case Appeals Lower Court’s Decision

The Law Office of James Novak Team — Tue, 11 Apr 2023 16:04:12 GMT

In a recent case before a court of appeals in Arizona, the defendant asked for a reversal of his guilty verdict based on unfair conduct from the prosecutor at trial. Originally, the defendant was found guilty of several crimes, including identity theft, forgery, and criminal possession of a forgery device. On appeal, the defendant took issue with part of the prosecuting attorney’s closing argument, in which he insinuated the defendant was guilty of activity that was not in the record. Looking at the case, the court of appeals disagreed and ultimately affirmed the defendant’s original verdict.

Facts of the Case

According to the opinion, an officer was on patrol one evening when he got a call about a suspicious-looking car in a parking lot. The officer went to investigate and came upon the defendant, who was alone and asleep in the driver’s seat. When the officer approached, the defendant quickly drove away, crashing the car in front of a nearby house.

The defendant took off on foot, arriving at a shed next to another house in the neighborhood. When the officers arrived, they found the defendant hiding in the shed with a slew of credit cards around him. After further investigation, the defendant was charged, and his case went to trial. He was found guilty of forgery, based in part on the fact that he had dozens of credit cards that were not under his name, as well as the fact that the credit card holders had reported fraudulent charges on those cards.

The Decision

The defendant appealed his guilty verdict. While it might be true, argued the defendant, that he unlawfully ran from the police to hide in the shed, there was no definitive proof that he knew the credit cards in his possession were forged.

The defendant took issue with one part of the trial in which the prosecutor suggested that there was evidence to prove that the defendant had used the credit cards to make purchases without authorization. When the prosecutor said during closing arguments that there was evidence of “past fraudulent use” by the defendant, it led the jury to believe that the defendant made the unauthorized transactions. In fact, the defendant was only on trial for forging the credit cards, not for making any transactions with the cards in question.

The court reviewed this part of the trial and found that the prosecutor had not unnecessarily suggested that the defendant had made unauthorized purchases. The prosecutor quickly followed his comment about past fraudulent activity by the statement that he was only alleging the defendant had manufactured the cards, not that he had used them. Because he corrected his error, the prosecutor did not bias the jury in any significant way.

With this conclusion, the court denied the defendant’s appeal.

Have You Found a Criminal Defense Attorney in Arizona for Your Legal Needs?

At The Law Office of James E. Novak, we take pride in providing thorough, detail-oriented representation that keeps our clients’ needs front and center. If you are looking for an Arizona criminal defense attorney to take care of your fraud case, look no further. For a free and confidential consultation with our team, call us today at 480-413-1499.

Arizona Defendant in Robbery Case Challenges Guilty Conviction with DNA Evidence

The Law Office of James Novak Team — Sat, 01 Apr 2023 00:03:01 GMT

In a recent case before an appeals court in Arizona, the defendant asked for a reconsideration of his guilty conviction for armed robbery and aggravated assault. Originally, the defendant was convicted after he and an accomplice robbed a local jewelry store. His case went to trial, and a jury found him guilty. When the defendant appealed, the higher court had to decide whether the evidence supported the verdict, given the defendant’s argument that some of the DNA should have undergone independent testing and was thus unreliable. Ultimately, the higher court denied the defendant’s appeal, and his original verdict was affirmed.

Facts of the Case

According to the opinion, the defendant and his accomplice arrived at a jewelry store on the day in question and held the owner at gunpoint. A passerby came into the store, and when that passerby started to pull out his phone to call the police, the defendant fought him to the ground. Eventually, the defendant and his accomplice both fled the scene, and investigators arrived quickly after they left.

While fleeing, the defendant had left behind a shirt and a hat from the fight with the passerby. Using DNA evidence, the investigators linked the shirt to the defendant, who was in their criminal database. Eventually, the defendant was charged, and his case went to trial. The jury found the defendant guilty as charged.

The Decision

On appeal, the defendant argued that he should have been allowed to have an independent testing site analyze the DNA evidence submitted at trial. The defendant had filed a motion to continue the trial since forensic analysts testing the hat had determined the DNA results were “inconclusive.” Without certainty, said the defendant, he should be allowed to bring in an independent analyst, and the trial should have been continued to allow him time to do this. Since the lower court had denied his motion to continue, he was unnecessarily burdened, and he was eligible for a reversal.

Looking at the lower court’s decision, the court of appeals determined that there was no reason to think a third test of the evidence would yield a different result. Because the defendant had failed to articulate how independent testing would reveal new evidence, his request was insufficient to warrant a continuance of the trial. The DNA evidence on the shirt was enough to link him to the scene of the crime, even without conclusive evidence from the hat.

Thus, the defendant’s argument was ineffective, and the guilty verdict remained in place.

Are You in Need of a Criminal Defense Attorney in Arizona?

If you are facing robbery charges in the state of Arizona, you need someone by your side who you know will fight relentlessly in your favor. At the Law Office of James E. Novak, we take pride in offering you thorough representation that explores every possible avenue for getting your charges dropped. For a free and confidential with a member of our team, call us today at 480-413-1499.

Arizona Court Denies Defendant’s Request for a New Verdict

The Law Office of James Novak Team — Sun, 31 Oct 2021 08:30:28 GMT

In a recent opinion from an Arizona court, a defendant’s appeal was denied despite the multiple arguments he put forward asking for a new verdict. The defendant was charged after having robbed a smoke shop with a group of friends and killing the store clerk. On appeal, the defendant argued that the trial was conducted in error and that he was unfairly sentenced to time in prison. Ultimately, the court denied the defendant’s arguments and thus affirmed the original guilty conviction.

Facts of the Case

According to the opinion, the defendant and three friends were together in an apartment when they decided to rob a nearby smoke shop. The group took a gun, gathered an empty duffel bag, and set out for the smoke shop. En route, one of the defendant’s friends expressed that he intended to kill the store clerk upon arrival.

Security cameras captured the group walking into the shop, gathering merchandise, going through the cash drawers, and shooting the store clerk in the head. An autopsy of the clerk revealed that he had been shot eight times and that he died as a result. A duffel back with store merchandise was recovered from the scene of the crime with the defendant’s DNA. Several days later, police officers executed a search warrant at the apartment and found stolen merchandise with the defendant’s fingerprints on it. The officers arrested the defendant and indicted him on counts of conspiracy to commit murder, first-degree murder, first-degree burglary, armed robbery, vehicle theft, and arson of an occupied structure.

The Decision

On appeal, the defendant made several arguments. Firstly, he argued there was not sufficient evidence to charge him with the crimes. The defendant took issue with the fact that his guilty verdict relied in part on testimony from his friends, who he said were not credible witnesses. At various points, they had lied to police officers, testified inconsistently, and accepted plea offers that motivated them to twist the truth. The court disagreed with the defendant’s argument, saying instead that it took the friends’ testimony seriously and that even if the testimony was untruthful, there was also video evidence and DNA evidence linking the defendant to the scene of the crime. Either way, then, there was enough evidence for the court to find the defendant guilty.

Secondly, the defendant argued that the court misstated what, exactly, was at stake during the trial. At one point, the court said, “Count 3, armed robbery – I’m sorry. Count 3, armed robbery, Count 4, armed robbery.” By incorrectly stating that Count 3 was “armed robbery,” the court made the issue unnecessarily confusing and denied him a fair trial. The court disagreed with this argument, saying that even though this misstep was indeed an error, it was not fundamental enough to change the course of the case.

Lastly, the defendant pointed out the confusion around his sentencing. In the hearing minutes, the court stated that two sentences for separate crimes would run at the same time. However, according to the court’s written order, the defendant’s separate sentences would run consecutively, meaning he would be incarcerated for a longer time. However, despite this confusion, the court said it was clear from the record in its full context that the defendant was meant to serve consecutive sentences. There was not enough reason, said the court, to think that anyone actually meant to give the defendant a lesser sentence. For these reasons, the defendant’s appeal was denied.

Have You Been Convicted of Robbery in Arizona?

For those who have been charged with an Arizona robbery crime, it can be difficult to keep up with possible defenses and legal strategies. To give yourself the best shot at a fair trial, it is crucial to have a skillful, dedicated defense attorney by your side. At the Law Office of James E. Novak, we will work tirelessly to make sure your voice is heard. To schedule a free and confidential consultation for you or a loved one, call us at 480-413-1499.

Gone in Two Minutes: Burglary of Assault Weapons in Arizona

The Law Office of James Novak Team — Sat, 09 Nov 2013 20:15:04 GMT

Burglary of firearms of any value is a felony in Arizona; depending on the value and other aggravated circumstances, convictions can result in lifetime prison sentences..Like something out of the Hollywood movies like “Ocean’s 13” or “Gone in 60 Seconds”, recently three thieves stole 13 military style rifles from C-3 Arms, a gun shop in Phoenix.

The burglary was videotaped with surveillance cameras, but the thieves were wearing bandanas and tee shirts over their faces. The three men got the front doors open, cut a security cable and removed the rifles worth about $12,000 from the store. There was additional damage to other guns worth about $12,000. The trio drove away in a white Chevy pickup.

The owner of the gun store was surprised that it took only 2 minutes for the burglars to break into the strict security system. Each gun had a serial number etched onto it. The public is being asked for tips and there is a $6000 reward for capturing the thieves and the stolen guns. The police believe the stolen guns will be used in future crimes.

If caught, the thieves will probably be charged with burglary and theft. In Arizona, criminal burglary is entering or remaining inside a building without the owner’s authorization, dwelling or fenced lot with the intent to commit a crime. Theft of items worth less than $1000 is usually charged as a misdemeanor. However, theft of guns are charged as felonies regardless of the value of the guns, and in this case, because the guns were valuable, the charges and potential sentencing will be more severe.

All three categories of burglary are considered felonies in Arizona. If a conviction is obtained, these may be punished by 1 or more years of incarceration, depending upon the severity of the burglary charges. Burglary in the first degree is charged when someone possesses a deadly weapon or dangerous instrument during the burglary, whereas second-degree burglary occurs when someone has entered in a residential structure without a deadly weapon.

It isn’t clear from the news article whether the facts give rise to a first or second-degree charge. Since the burglary was most likely committed with intent to steal deadly weapons and those deadly weapons were possessed during the burglary, it might be charged as burglary in the first degree.

Burglary in the first degree of a commercial building is a Class 3 felony. (Burglary in the first degree of a residence is punished more severely as a Class 2 felony.) Assuming the prosecutor is able to secure a conviction, the thieves will face a minimum of 7 years and a maximum of 21 years in prison for the burglary conviction. The sentence will be more severe if the thieves are repeat offenders.

Theft of property worth between $3000 and $25,000 is a Class 3 felony. This means a conviction carries a potential maximum prison term of 8.75 years. The penalty may be worse if the thieves are repeat offenders or if any of the thieves are “prohibited possessors” –those who are not allowed to carry firearms. In Arizona, this includes people previously convicted of crimes involving the use of violence with deadly weapons.

Other charges may also apply because the thieves damaged other guns in the store. If you are charged with a serious crime like burglary or gun theft, an experienced criminal defense attorney can explain the charges and potential consequences. Contact the Law Office of James Novak for a careful, results-oriented defense from an experienced Arizona criminal defense attorney.

Additional Resources:

MORE BLOGS

Aggravated Assault: The High Cost of Harming a Police Officer, Arizona Criminal Defense Attorney Blog, August 3, 2012
Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”, Arizona Criminal Defense Attorney Blog, June 1, 2012

Theft: Purchasing known stolen items, may result in criminal liability.

The Law Office of James Novak Team — Fri, 14 Sep 2012 23:53:08 GMT

In Arizona laws are in place that will result in criminal charges imposed on a person or business who knowing buys or sells stolen property that they know or should have known were stolen.

Laws were enacted as recently as January and March of 2012 that impose strict guidelines on businesses, particularly copper and metal buyers to register, index, report, and obtain proof of the originating source of the goods.

Failure to comply with the laws or to make a reasonable effort to find out the rightful owner of property they purchase from an entity may result in theft offense prosecution of the business owner or buyer of the stolen property. A.R.S. § 13-1802. Theft; classification; definitions

A. Theft defined: A person commits theft if they unlawfully and knowingly:

Control property of another knowing or having reason to know that the property was stolen; or
Control another’s property with intent to deprive the other person of that property; or
Gains control of property that was lost, misplaced, or delivered to the wrong addressee, belonging to another without making a reasonable effort to find or notify the real owner.

G. Classification:

Theft of property under $1,000.00 may be charged as a Misdemeanor. Theft of property with a value equal to $1,000.00 or are classified as Felonies. They range from Class 5 up to Class 2 depending on the value. The higher the monetary value the more serious the penalties.

If the item stolen is a firearm; or an animal stolen for the purpose of fighting, the charge will be classified as Class 6 Felonies even if the value is under $1,000.00

Theft Penalties

Convictions for first-time theft charges carry harsh penalties. The range from the low sentencing of six months in jail, and fines of up to $2,500.00 for a Class 1 Misdemeanor. Class 2 felony theft convictions expose a person to prison sentencing ranging from four to ten years. All theft convictions may include court ordered counseling, community service, probation, restitution, costs, assessments; fees, and fines that can be exorbitant upwards to $150,000.

In the case of a Class 1 Misdemeanor theft first-offense, that involves a limited dollar value the offender may qualify to participate in a theft diversion program, in place of serving jail time.

Criminal Defense Theft Crimes Chandler AZ

If you were arrested for any type of theft crime you should consult a criminal defense attorney to discuss your matter and options for defense. If you have first offense Misdemeanor charges, with no criminal record, you may qualify for a diversion program. If you face felony theft charges or have been charged with a repeat offense, you should retain a private practice criminal attorney to defend you. They will protect your rights; defend your charges; and work to get a favorable resolution in your case.

Additional Theft Resources:

• Arizona State Legislature – Theft Definition and Classification

• Arizona State Legislature – Trafficking stolen property

• Arizona Department of Public Safety – Vehicle Theft Task Force

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New Metal Theft Laws: Arizona calls for more severe penalties, and strict reporting for scrap metal buyers and sellers

The Law Office of James Novak Team — Thu, 06 Sep 2012 01:30:23 GMT

Metal Theft Charges

Copper is an example of a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards for information leading to arrests. In additional Arizona has passed legislation in an attempt to combat the crimes which place more restrictions on the businesses purchasing the copper, and more harsh sentencing and penalties for copper theft convictions.

Arizona Metal Theft Laws: HB 2396, A.R.S. §44-1642, A.R.S. §44-1644 Arizona Law HB 2396 was passed March 21, 2012. This Law intended to increase penalties by amending ARS § 13 – 1801, and ARS § 13 – 1802 to delete term “scrap metal” from the definition of value. This change redefines the average Fair Market Value of copper in the local area; together with the repair or replacement value of any property from which the metal was removed during the theft. For sentencing purposes, this serves to increase the penalties for a copper theft conviction, since the value of stolen property is a major factor considered in Sentencing Guidelines and penalties. For example, If a person were convicted of stealing copper in the amount of $3,000 or more may be charged with a Class 4 felony, exposing a person to prison terms of 18 months to 3 years, which is more severe than if it were “scrap metal” stolen.

A.R.S. § 44-1642: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases by reporting them to a Scrap Metal Theft Data Base that indexes purchase records; transaction limits; age of seller; and exceptions’.

A.R.S. § 44-16442: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases to the department of public safety; exemption; violation; classification.

Criminal Defense for Copper Theft or other Theft Crimes

If you have been arrested or charged with theft of copper metal, copper cord, or any other theft crime, you may be exposed to felony charges and prison sentencing. The prosecution will egregiously pursue convictions. Laws have been enacted to increase sentencing and penalties for those offenses. You should contact an experienced criminal defense attorney to discuss your matter and options for defense. With proper legal representation, and you will increase your chances of avoiding prison terms, and harsh penalties of a conviction. An experienced criminal attorney will protect your rights, defend your charges, and make every effort to get a favorable resolution in your case.

Additional Resources:

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Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ

Arizona Robbery Laws: A person may be convicted for robbery even if nothing was stolen and no one was harmed.

The Law Office of James Novak Team — Thu, 16 Aug 2012 21:23:11 GMT

Types of Robbery Charges

There are three classifications of robbery in Arizona:

1) Robbery;

2) Armed Robbery which involves a weapon;

3) Aggravated Robbery which involves an accomplice

Even if a robbery offense does not involve a weapon or an accomplice it is serious felony charge. Maricopa County prosecutors pursue them egregiously because they are considered crimes against a victim. If convicted, a person may be exposed to long term jail and prison sentencing.

Arizona Robbery Laws A.R.S. § 13-1902

A.R.S. § 13-1902 Robbery is theft that occurs; is intended; or attempted while the owner, caretaker or authorized party overseeing the property stolen is present at the time of the incident. Robbery occurs when items (s) are stolen forcefully or against a person’s will. Robbery also includes acts or words of intentional intimidation, force or threat used against the owner or caretaker of the property in an effort to cause them to surrender the property against their will.

In order to get a conviction for robbery, the intent to commit robbery must exist. A person may be found guilty of robbery or attempted robbery, even if no property was taken; or even if a victim was unharmed.

A person may be guilty of robbery, or attempted robbery, even if they did not get away with any of the property; an even if the victim or witnesses were not harmed.

Robbery Sentencing Mesa AZ

Robbery charges without aggravated circumstance are Class 4 Felonies under Arizona Law. All robbery charges are felonies and sentencing is harsh. If convicted a person will be exposed to prison sentencing of up to 3.75 years in State Prison;, or jail sentences up to one year. Other penalties include fines; fees; victim restitution; property damage, community service, and other penalties the judge deems appropriate. A sentence may be mitigated, which means reduced, or aggravated which mean increased based on certain factors. Factors may include prior criminal record repeat offenses; nature, monetary value, and number of items stolen.

Robbery Lawyer for defense in Mesa AZ

If you have been arrested for robbery, you will need to hire an experienced criminal attorney to defend you. They will make sure you are treated fairly; defend your charges; and look for defenses that may apply to your case; and provide the court with mitigating factors on your behalf. Retaining a qualified lawyer will increase your chances of getting a good outcome in your case.

Arizona Legislature

Arizona Criminal Defense Attorney for Robbery

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com

Copper Theft Laws: Arizona harsher sentencing and penalties for convictions; strict reporting guidelines for scrap metal transactions by businesses.

The Law Office of James Novak Team — Tue, 17 Apr 2012 23:20:39 GMT

Copper Theft Arrests Phoenix, AZ

Copper is considered a high demand Non-Ferrous metal, with comprehensive uses, and is more resistant to rust and corrosion, than many other types of metals. As a result, thefts of copper and copper cable have become such a widespread problem in Arizona that many law enforcement agencies are offering rewards for information leading to arrests. In additional Arizona has passed legislation in an attempt to combat the crimes which place more restrictions on the businesses purchasing the copper, and more harsh sentencing and penalties for copper theft convictions.

New Arizona Copper Theft Laws: HB 2396, A.R.S. §44-1642, A.R.S. §44-1644

Arizona Law HB 2396 was passed March 21, 2012. This Law intended to increase copper theft penalties by amending ARS § 13 – 1801, and ARS § 13 – 1802 to delete term “scrap metal” from the definition of value. This change redefines the average Fair Market Value of copper in the local area; together with the repair or replacement value of any property from which the metal was removed during the theft. For sentencing purposes, this serves to increase the penalties for a copper theft conviction, since the value of stolen property is a major factor considered in Sentencing Guidelines and penalties. For example, If a person were convicted of stealing copper in the amount of $3,000 or more may be charged with a Class 4 felony, exposing a person to prison terms of 18 months to 3 years, which is more severe than if it were “scrap metal” stolen.

A.R.S. § 44-1642: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases by reporting them to a Scrap Metal Theft Data Base that indexes purchase records; transaction limits; age of seller; and exceptions’.

A.R.S. § 44-16442: Effective January 1, 2012, requires that all scrap metal businesses register to report their purchases to the department of public safety; exemption; violation; classification.

Criminal Defense for Copper Theft or other Theft Crimes

If you have been arrested or charged with theft of copper metal, copper cord, or any other theft crime, you may be exposed to felony charges and prison sentencing. The prosecution will egregiously pursue convictions. Laws have been enacted to increase sentencing and penalties for those offenses. You should consult an experienced criminal defense attorney to discuss your matter and options for defense. With proper legal representation, and you will increase your chances of avoiding prison terms, and harsh penalties of a conviction. An experienced criminal attorney will protect your rights, defend your charges, and make every effort to get a favorable resolution in your case.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 Arizona DUI, DWI, Drunk Driving & Criminal Defense Firm Serving Tempe, Phoenix, Mesa, Chandler, Gilbert, & Scottsdale AZ For a Free Consultation call (480) 413-1499 Today!

Burglary Sentencing Guidelines: Burglary charges in Arizona are felonies. All felonies in Arizona call for prison terms. Find out what factors area considered by the judge to determine the length of the prison term, if convicted.

The Law Office of James Novak Team — Thu, 12 Jan 2012 14:20:25 GMT

“Why Mesa criminal lawyers will advise you to hire an experienced criminal Attorney to defend your burglary charges in Mesa AZ”

Mesa AZ Burglary Charges
Burglary charges are considered to be victim crimes. Any crime against a victim is considered to be a serious offense. If you were arrested on burglary charges in Mesa AZ, you should consult a criminal lawyer who is experienced at defending Mesa burglary charges as soon as possible. There are different levels of burglary charges in Arizona, and all of them are categorized as felonies. Any felony conviction exposes you to potential prison sentencing along with other harsh penalties.

Arizona Burglary Laws Arizona Law describes burglary under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The different levels vary depending on the circumstances surrounding the offense. In general the law describes burglary as the act of entering property unlawfully.

Below are some Arizona Burglary Law facts:

• A person can be arrested or convicted of burglary if they “intended” to steal something, even if they did not take anything.

• Burglary to a residential property is more serious, than burglary to commercial property.

• A person or an accomplice must possess “knowledge” that the person committing the burglary is used or possessed a firearm, explosive, or other deadly weapon in order to be convicted of “First Degree Burglary” (the most serious);

• It is not necessary for the building or area to have been locked to be convicted;

• It is not necessary for a person to be in the building during the burglary, in order to be convicted;

• Burglary is often coupled with other criminal charges such as Criminal Trespassing or other charges that often occur simultaneously with a burglary;

• All burglaries are charged as felonies and expose the defendant to prison sentencing.

Arizona Burglary Classifications:
Burglary charges classifications are outlined under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Here are the main classifications of burglary under Arizona Law:

• A.R.S. 13-1505: Possession of Burglary tools; (Class 6 Felony);

• A.R.S. 13-1506: Third Degree Burglary (Class 4 Felony);

• A.RS. 13-1507: Second Degree Burglary (Class 3 Felony);

• A.R.S. 13-1508: First Degree Burglary;

(Class 3 -commercial / Class 2- residential) Burglary classifications range from Class 6 Felonies (least severe) to Class 2 Felonies (most serious). The only classification more serious than Class 2 First Degree Burglary is a Class 1 felony. Class 1 felonies are reserved for the most serious crimes of homicide or the taking of another person’s life.

Arizona Burglary Sentencing Guidelines
Arizona Burglary Sentencing falls under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706 which applies to burglary sentencing. All Felony Classification have sentencing ranges of minimums to maximums with regard to the length of prison terms. Sentencing Guidelines the court considers when determining the sentencing depends of many factors. Below are some considerations:

1) The presence of mitigating verses aggravating factors;

2) Repeat offense verses first time offense;

3) Criminal record;

4) Existence of violence or harm to victim (s);

5) Extent of harm to victim (s);

6) Involvement or possession of a gun, or other deadly weapon in the burglary;

7) Nature and value of property stolen;

8) Extent of damage to the vehicle, building or other property resulting from the burglary;

9) Other criminal offenses committed with the burglary (such as trespassing, or assault).

Criminal Defense Lawyer for Burglary Mesa AZ
Particularly with serious crimes it is easy to forget that every defendant is innocent until proven guilty. By law the accused has a right to defend their Mesa AZ charges. But keep in mind that it is unwise to try to defend such serious charges without representation by a qualified criminal defense attorney. A conviction for charges as serious as burglary will change your life forever and detriment every aspect of it, beginning with your future and freedom. This is why Mesa criminal lawyers will advise you to hire an experienced criminal attorney to defend your Mesa AZ burglary charges. A good criminal defense lawyer will defend you; protect your rights; assure you will be treated fairly; and fight to get your Mesa AZ burglary charges dropped, or if that is not possible, will alternatively attempt to get charges and sentencing reduced so that they have the least impact as possible on your life.

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If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options. James Novak is an experienced trial lawyer and former prosecutor.

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Maricopa County Defense AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Maricopa County Defense AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

Arizona Burglary Laws and Classifications: Under Arizona Law, a person may be charged with Burglary if they stole nothing, but “intended” to steal something

The Law Office of James Novak Team — Tue, 06 Dec 2011 19:44:14 GMT

“Find out why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges.” . Phoenix Burglary Charges Burglary charges in Phoenix Arizona are considered to be crimes against or involving a victim and therefore, considered very serious offenses. If you face active burglary charges you should consult a Phoenix criminal lawyer who is experienced at defending burglary charges in Phoenix AZ. There are multiple classifications of burglary. However, all classifications of burglary are charged as felonies. If convicted, all felonies expose you to potential prison terms and other harsh sentencing. http://www.youtube.com/watch?v=f2a59QBKIM0

Phoenix Arizona Burglary Laws Arizona Law outlines burglary laws under A.R.S. Chapter 15 13-1501 “CRIMINAL TRESPASS AND BURGLARY”. The differences in classifications depend on the circumstances surrounding the offense and how serious it was. While each category is different, they all share a common description: Burglary described as the act of entering or remaining in or on a property belonging to another with the intent to commit theft or burglary.

Here are some other interesting aspects of Arizona laws relating to burglary.

• The way the Arizona burglary law is written, a person may be arrested for burglary or convicted of burglary if they simply “intended” to steal something, but in fact did not take anything.

• Burglarizing a residence is considered more serious an offense than burglarizing commercial property for purposes of sentencing.

• With regard to Burglary in the first degree, a person or their accomplice must have “knowledge” that they or the person committing the burglary is using or in possession of a gun, explosive, or other deadly weapon in order to be convicted of burglary in the first degree.

• To be charged and convicted of burglary, it is not necessary for the building or area to be locked.

• To be charged and convicted of burglary, it is not necessary for anyone to be home or in the building during the burglary.

• Burglary charges are often coupled with other charges such as Criminal Trespassing for purposes of sentencing. • All burglaries are charged as felonies that will expose you to prison sentencing.

Burglary Classifications in Arizona

Burglary charges in Arizona are classified under A.R.S. Chapter 15 “CRIMINAL TRESPASS AND BURGLARY” 13-1505, 13-1506, 13-1507, and 13-1508. Below are four of the most common burglary charges:

• A.R.S. 13-1505: Burglary tools and illegal auto master key possession; (Class 6 Felony);

• A.R.S. 13-1506: Burglary in the Third Degree; (Class 4 Felony);

• A.RS. 13-1507: Second Degree Burglary; (Class 3 Felony);

• A.R.S. 13-1508: First Degree Burglary; (Class 3/commercial & Class 2/residential)

The classifications range from a Class 6 Felony which is least severe to a Class 2 Felony which is the most severe. To put the levels into perspective, the only classification more serious than Burglary in the First Degree is a Class 1 felony and homicide is a Class 1 felony.

Arizona Burglary Sentencing Guidelines

Arizona Burglary Sentencing Guidelines can be found under A.R.S. Chapter 7 “SENTENCING AND IMPRISONMENT” 13-701 to 13-706. Since all burglary charges are categorized as felonies the sentencing guidelines for felonies apply to convictions.

Each Felony Classification has a minimum and maximum sentencing range for prison terms. Whether or not a sentence will fall closer to a minimum or maximum range depends on several factors. Below are some examples:

1) The existence of “mitigating factors” or “aggravating factors”;

2) Whether or not it was a repeat offense or first time offense;

3) Prior criminal history;

4) Whether or not, and how serious, a victim was harmed;

5) Whether or not a firearm or other deadly weapon was used during the burglary;

6) Value of the property stolen in the burglary;

7) Extent of damage to the property due to unlawful forced entry.

Criminal Defense Lawyer for Burglary Charges in Phoenix AZ

No matter how serious the criminal charges, a defendant is innocent until proven guilty, and has the right to defend the charges against them. Burglary is too serious an offense to combat alone. This is why top Phoenix criminal attorneys will advise you not to plead guilty before consulting an experienced criminal lawyer in Phoenix AZ who defends burglary charges. A good criminal Lawyers will defend your rights; make sure you are treated fairly; and fight to get your Phoenix burglary charges dismissed. If every avenue has been exhausted, and it is impossible to get the charges dismissed, they will challenge the prosecution’s case for weaknesses in evidence, mitigating factors, and other defense strategies to get your charges and penalties reduced in order to get the best possible outcome in your case.

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Law Office of James Novak 4500 S. Lakeshore Drive Tempe AZ 85282 (480) 413-1499 www.Arizonacriminaldefenselawyer.com www.novakazlaw.com www.arizonacriminaldefenseattorneyblog.com www.phoenixduilawyerblog.com

Arizona DUI & Criminal Defense Serving Tempe, Mesa, Chandler, Gilbert, Mesa, Phoenix AZ Free Consultation! Call (480) 413-1499

Robbery Laws: Definition of Robbery, and sentencing considerations if convicted.

The Law Office of James Novak Team — Thu, 30 Jun 2011 13:41:18 GMT

You can gain control of your life again for a fresh start by hiring a good criminal defense attorney who defends cases in Scottsdale AZ.

In Arizona robbery is considered a Class 4 Felony under Code A.R.S. 13-1902 of Arizona Criminal Law. If you were arrested for robbery in Scottsdale, AZ should consult good AZ felony attorney who defends charges in Scottsdale AZ regularly. Top Criminal Lawyer in Arizona will advise you to plead “not guilty” initially and hire an experienced Arizona criminal attorney to defend your charges.

Felony Charges | Robbery Laws | Scottsdale Arizona

A.R.S. 13-1902 Robbery is defined as offenses occur under the following circumstances: A. Taking someone’s property; and B. While in the presence of the owner, permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store); C. The property was taken forcefully against the owner’s or authorized person’s will; D. The accused used intentionally used threat, intimidation, or force, against the owner or custodian of the property in order to gain control of the property. Thus causing the person or authorized party to surrender the property to them.

Robbery Sentencing

Sentencing if convicted of Scottsdale robbery charges, include incarceration in state prison with sentences not to exceed 3.75 years; jail sentence up to one year; fines, restitution for the victim’s property damage, or stolen property, probation, mandatory counseling, and anything the judge feel is appropriate and necessary based on the facts surrounding the charges. Sentencing considerations by he judge include past criminal record, repeat offenses, manner of robbery, monetary value of items, and number of items stolen.

Robbery Attorney – Criminal Defense for Robbery

Arizona is relentless in pursuing convictions for robbery charges. If you face Scottsdale robbery charges, you will need a highly qualified criminal attorney to defend. This will be give you the best chance at getting a case dismissal, charge or sentencing reduction, or otherwise better outcome in your case than what a conviction or guilty verdict by a jury would bring. You can take control of your situation by hiring a good felony defense attorney who defends charges in Scottsdale AZ. Failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A good criminal lawyer or defense firm will make sure your rights are protected, you are treated fairly; and build and mount a strong defense case on your behalf.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Scottsdale Metro, and central Phoenix and Phoenix, East Valley Arizona.

Felony Theft Laws: Factors that raise theft to felony theft charges

The Law Office of James Novak Team — Mon, 23 May 2011 13:31:22 GMT

The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.

Felony Theft Charges Gilbert AZ

First, if you face felony theft charges in Gilbert AZ you should consult a criminal attorney who defends charges in Gilbert AZ. These are very serious charges and you will need the help of a private practice criminal attorney to help you defend these charges. Theft is the act of illegally taking or using someone else’s property or services without their payment, their permission, or their consent. In Arizona, you can be charged with “theft” if you accept or receive property that you know was stolen before you purchased it. It does not matter if you paid a fair price for the property or not. In Arizona, stolen property or services greater than $1,000.00 in monetary value is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts. Arizona felony theft charges can include a wide range of illegal activities including but not limited to the following:

• Theft of an auto, auto engine, or auto transmission;

• Grand theft;

• Taking items from a store or retailer without paying;

• Using services or property without mutual agreement of nonpayment;

• Larceny; • Grand Larceny;

• Forgery;

• Possession of a forgery device;

• Money laundering;

• Theft of firearms (regardless of value);

• Burglary; • Armed Robbery;

• Carjacking;

• Animals Stolen for the intent of use for fighting (regardless of value);

• Fraud and Schemes;

Arizona Theft Laws

Theft laws in Gilbert AZ fall under Arizona State Laws. AZ theft laws can be found under A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. In order to be convicted of felony theft charges, Arizona, the prosecution must prove that the defendant, “knowingly” and “intentionally” committed the theft. This is sometimes difficult for the prosecution to prove. As a result this is an issue that experienced criminal lawyers challenge to defend felony theft charges.

If you purchased or took possession of property in good faith with agreed upon payment from the seller, should you face a felony theft conviction which includes a prison sentence, a criminal record among other punishments? Most people think not. Your criminal defense attorney will challenge such felony theft charges with due diligence. It will be an uphill battle for the prosecution to convict you of felony theft charges in such event.

Felony Theft Penalties Gilbert AZ

Felony Theft Penalties are based on the classification of the criminal charges. The felony theft classifications are determined based on the dollar amount or value of the alleged stolen property or service. The judge also considers such factors as the number of items stolen, the nature of items stolen; the manner in which they were taken; prior criminal record; repeat offense; and other factors surrounding the felony theft charges.

Penalties for Gilbert AZ felony theft charge convictions include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. The judge has the authority to order additional punishments based on the listed factors above.

If the stolen property or service’s value equals $100,000.00 or greater, defendants will not be eligible for suspended sentencing, probation, pardons or release from incarceration except as pursuant to terms under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney Gilbert AZ

Your criminal defense attorney will guide you through the Arizona criminal justice system and processes. A good criminal attorney will begin working your case promptly to build a solid defense on your behalf. The best criminal Arizona criminal attorneys agree that your chances of getting a case dismissed, charges or sentencing reduced or otherwise best outcome in your case, is to hire a private practice criminal attorney to defend your Chandler AZ charges.

more If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. .

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Gilbert, Scottsdale, Tempe, Gilbert, Chandler and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

Robbery Charges: Robbery Laws, Definition and Classification

The Law Office of James Novak Team — Wed, 11 May 2011 14:11:37 GMT

The best Phoenix criminal attorneys agree that failure to hire a good private practice Arizona defense attorney for AZ robbery charges is a fast track to conviction.

Arizona classifies robbery as a Class 4 Felony under Arizona State Criminal law Code A.R.S. 13-1902. If you are charged or arrested for this offense in Phoenix AZ you will need to retain a good AZ felony attorney who defends charges in Phoenix on a regular basis. Robbery sentencing is so severe, that most Arizona criminal attorneys agree you should almost always initially plead “not-guilty” and retain professional services of a good Arizona criminal defense attorney.

Felony Charges | Robbery Laws | Phoenix Arizona

An offense that falls within A.R.S. 13-1902 Robbery Charges is one that falls into the following categories:

A. Taking someone’s property; and B. In the presence of the owner, permissive caretaker, or other authorized party overseeing the property (such as a sales representative at a convenient store); C. The property was taken forcefully against the owner’s or authorized person’s will; D. The defendant threatened, or used force, against the owner or custodian of the property in order to intentionally gain control over the property, forcing the authorized person to surrender the property to them.

Robbery Sentencing

Sentencing for a robbery conviction in Arizona can include state prison sentences not to exceed 3.75 years or an extended jail sentence up to one year. Additional penalties can include fines, restitution for such things as the victim’s property damage, stolen property. Other penalties the judge may order include extended probation, mandatory counseling, and anything else the judge feel is necessary based on the facts of the case. When determining the robbery sentencing in Arizona, the judge will consider, past criminal record, repeat offense issues, manner in which the robbery took place, value and number of items taken, and nature of the robbery. The judge has discretion to increase penalties depending on all of these factors.

Robbery Attorney – Criminal Defense for Robbery

Arizona is relentless in pursuing convictions for defendants accused of robbery charges. If you face Phoenix robbery charges, you will need a strong criminal attorney to defend you if you wish to have any chance at getting a case dismissal, charge or sentencing reduction, or otherwise better outcome in your case than what a conviction or guilty verdict by a jury would bring.

Your situation may seem hopeless. But you can take control of your situation by hiring a good criminal defense attorney who defends cases in Phoenix AZ. Keep in mind, that for every criminal offense, there are defenses a good criminal lawyer can use to build your defense case. The best Phoenix criminal attorneys agree that failure to hire an experienced private practice criminal attorney in Arizona will almost always result in a conviction. A qualified criminal attorney or criminal defense law firm in Arizona will make sure your rights are not violated; that your are treated fairly; guide you through the criminal law process; and build and mount a strong defense case on your behalf. Be sure to contact an attorney who has a great deal of experience in defending Phoenix robbery charges.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County area including the cities of Chandler, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

What is Felony Theft?

The Law Office of James Novak Team — Tue, 03 May 2011 13:35:58 GMT

How the best Arizona criminal attorneys defend felony theft charges. Find out one of the most important defenses used by experienced Scottsdale criminal lawyers.

Felony Theft Charges Scottsdale AZ

If you face felony theft charges in Scottsdale AZ it is important that you contact a criminal attorney who defends charges in Scottsdale AZ. Felony theft convictions carry serious penalties including extended prison or jail sentences, fines, mandatory restitution among other penalties the court order in your case. For almost every offense, there are defenses that good criminal defense attorneys can use to defend your Scottsdale felony charges. Arizona felony theft charges include but are not limited to the following:

• Auto, engine, or transmission theft

• Theft of firearms

• Burglary

• Robbery

• Armed Robbery

• Carjacking

• Animals Stolen for the intent of use for fighting

• Certain Fraud and Schemes

Forgery In general, any stolen property or service exceeding the value of $1,000.00 is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts.

Arizona Theft Laws

If you received felony theft charges in Scottsdale AZ you will be subject to the Arizona Laws that govern theft which begin with A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website. Under Arizona Theft laws the prosecution needs to prove that theft occurred through one or more of the following means:

1. Control with intent to deprive; or

2. Unauthorized use of property or services; or

3. Material Misrepresentation; or

4. Lost, mislaid, or improperly delivered property; or

5. Inference of theft from purchase or sale below market value; or

6. Inference of theft from purchase or sale outside regular course of business;

Felony Theft Penalties Scottsdale AZ

Felony Theft Penalties are determined based on classification of the felony. Felony theft classification is based on the dollar amount or value of the stolen property or service involved. Other factors considered in sentencing are the number of items stolen, the nature of the items, the manner in which the items or service were stolen, past criminal record of the defendant and other circumstances surrounding the felony theft charges. Sentencing for an Arizona theft crime can be severe and include incarceration in state prison, jail, fines, restitution, community service, counseling, other punishments. Every case is evaluated based on its unique set of circumstances.

If the stolen property or service value is equivalent to $100,000.00 or more the defendants will not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Criminal Defense Attorney Scottsdale AZ

Scottsdale felony theft charges are serious offenses. It is unwise to try to defend yourself without proper legal representation such as a private practice criminal attorney who defends Scottsdale felony theft charges frequently through the Arizona criminal justice system. The best criminal attorneys in Arizona who defend charges in Scottsdale agree that your only real chance of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case is to hire a private practice criminal defense attorney.

Types of theft offenses that are charged as Felonies

The Law Office of James Novak Team — Wed, 27 Apr 2011 13:02:43 GMT

Defense strategies used by the best Arizona criminal attorneys who defend felony theft charges in Chandler AZ.

Felony Theft Charges Chandler AZ

Put simply, theft is the illegal act of taking or using someone else’s property or services without their permission, consent or payment. In Arizona, you can be charged with “theft” if you accept or receive property that you know was stolen before you purchased it. It does not matter if you paid a fair price for the property or not.

If you face felony theft charges in Chandler AZ you should consult a criminal attorney who defends charges in Chandler AZ. Felony theft convictions carry serious penalties including incarceration, adverse life altering consequences, and a felony on your criminal record. Arizona felony theft charges include but are not limited to the following: • Theft of an auto, auto engine, or auto transmission • Grand theft • Larceny • Grand Larceny • Forgery • Possession of a forgery device • Money laundering • Theft of firearms (regardless of value) • Burglary • Armed Robbery • Carjacking • Animals Stolen for the intent of use for fighting (regardless of value) • Fraud and Schemes In Arizona, stolen property or services greater than $1,000.00 in monetary value is a felony. The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts.

Arizona Theft Laws

Theft laws in Chandler AZ fall under Arizona State Laws. AZ theft laws can be found under A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. In order for a defendant to be convicted of felony theft charges, in Chandler Arizona, the prosecution must prove that the defendant, “knowingly” and “intentionally” committed the theft. This can not always be proved by the prosecution. As a result this is an issue that experienced criminal lawyers challenge to defend felony theft charges.

If you purchased or possess property that you did not know was stolen when you purchased it, and felt you rightfully purchased or took possession of it, your criminal defense attorney will challenge the charges with due diligence. It will be an uphill battle for the prosecution to convict you of felony theft charges in that event. Such a scenario can happen to anyone.

Felony Theft Penalties Chandler AZ

Felony Theft Penalties are based on the classification of the felony charged. These felony theft classifications are based on the dollar amount or value of the alleged stolen property or service. Other factors the judge considers when sentencing felony theft convictions are the number and nature of items stolen; the manner in which they were taken; prior criminal record; first time or repeat offense; and other factors surrounding the felony theft incident (s). .

Penalties for Chandler AZ felony theft charges are harsh. They may include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. The judge has the authority to order additional penalties they feel are appropriate based on the circumstances.

Criminal Defense Attorney Chandler AZ

If arrested or charged with in Chandler AZ for felony theft charges you should consult a Chandler AZ criminal attorney as soon as possible. The best Chandler AZ criminal attorneys agree that you should retain legal representation from as a private practice criminal defense firm or criminal defense attorney who defends Chandler AZ for felony theft charges. They will guide you through the Arizona criminal justice system, and build a solid defense on your behalf. Hiring a qualified private practice Chandler AZ criminal lawyer will increase your chances significantly of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information. The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Gilbert, Scottsdale, Tempe, Gilbert, Chandler and Phoenix Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

Arizona Theft Laws: Factors that raise a theft crimes to a Felony Theft offense

The Law Office of James Novak Team — Mon, 25 Apr 2011 13:39:19 GMT

Defense strategies used by the best Tempe criminal attorneys to challenge felony theft charges.

Felony Theft Charges Tempe AZ

A theft charge in general, is the illegal act of taking or using another’s property or service without permission, consent or payment. Many people do not realize that in Arizona it is also considered “theft” for someone to accept or receive property that they know was stolen, even if it was stolen by another person.

If you face felony theft charges in Tempe AZ it is important that you contact a criminal attorney who defends charges in Tempe AZ. Felony theft convictions carry serious penalties including extended prison or jail sentences, fines, mandatory restitution among other penalties the court order in your case. For almost every offense, there are defenses that good criminal defense attorneys can use to defend your Tempe felony charges. Arizona felony theft charges include but are not limited to the following:

• Auto, engine, or transmission theft

• Grand theft

• Larceny

• Gran Larceny

• Forgery

• Possession of a forgery device

• Money laundering

• Theft of firearms

• Burglary

• Armed Robbery

• Carjacking

• Animals Stolen for the intent of use for fighting

• Fraud and Schemes In Arizona, any stolen property or service exceeding the value of $1,000.00 is a felony.

The exceptions are related to theft of firearms or animals stolen for use in fighting. In those cases, Arizona laws classify these offenses felonies regardless of the amounts.

Arizona Theft Laws

Theft laws in Tempe AZ are governed by the Arizona State Laws that govern theft which are found A.R.S. 13-1801 and A.R.S. 13-1802 and can be found at the azleg.state.az. Arizona Revised Statutes website.

In order to convict a defendant for felony theft charges, under the Arizona Laws, the prosecution must be able to prove that the defendant, “knowingly” and “intentionally” committed the act that led to the theft charges. This is often an area that experienced criminal lawyers challenge in defending felony theft charges. If a person purchased or possesses property for which they were not aware was stolen, it will be challenged by their Tempe criminal defense attorney. If successful, it will be difficult for the prosecution to convict the defendant of their Tempe Felony Theft charges. You often hear of this relating to such stolen and resold property such as valuable paintings, vehicles, electronics, jewelry and the like.

Felony Theft Penalties Tempe AZ

Felony Theft Penalties are based on the class of felony for which the charge is considered. Felony theft classifications are based on based on the dollar amounts or values of the alleged stolen property or service. Other factors the judge considers when sentencing felony theft convictions are the number and nature of items stolen; the manner in which they were taken; prior criminal record; first time or repeat offense; and other factors surrounding the felony theft incident(s).

Penalties for Tempe felony theft charges are harsh. They may include prison or jail sentences, fines, restitution, community service, counseling, supervised probation and more. Every case will be considered on its own merits and set of facts.

Criminal Defense Attorney Tempe AZ

Tempe felony theft charges are serious offenses with serious penalties. It is important to consult a Tempe criminal attorney as soon as possible, if you are under investigation, have received charges or been arrested for felony theft charges in Tempe AZ. Due to the severity of these charges in Arizona, it is highly recommended by the best criminal defense attorneys in Arizona, that you obtain proper legal representation such as a private practice criminal defense attorney who defends Tempe felony theft charges. They will guide you through the Arizona criminal justice system, and build the most effective defense possible. Hiring a qualified private practice Tempe criminal lawyer is your only real chance of getting felony theft charges dismissed, reduced or an otherwise good outcome in your case.

Theft: What is the definition of “Theft”?

The Law Office of James Novak Team — Tue, 05 Apr 2011 14:00:32 GMT

How the Best Criminal Attorneys in Mesa AZ Defend Felony Theft Charges

If you face felony charges for theft in Mesa AZ you need to contact an Arizona Attorney who defends theft charges in Mesa AZ on a frequent basis. A criminal attorney in Mesa Arizona will be familiar with the AZ criminal justice system, Arizona Laws, and Theft defenses that can be used for Felony theft charges in Mesa AZ. Felony theft convictions carry severe punishments which expose you to extended prison or jail sentences, large fines, and restitution to the victim (s). There may be defenses available that if used effectively by a good Arizona criminal lawyer in Mesa can help you avoid the consequences of conviction.

Arizona Theft Defenses and Theft Laws in Arizona

Arizona theft laws are outline under A.R.S. 13-1801 and A.R.S. 13-1802 and can be reviewed in more detail at azleg.state.az website. Below are excerpts of the law cited in part from A.R.S. 13-1802. Theft; classification which reads in part as follows: “A.R.S. 13-1802: A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

Emphasis was placed by this author on the words “knowingly” and “intent”. In order for the Arizona prosecution to get a conviction for Mesa AZ theft charges, they need to prove that you “knowingly” and “intentionally” committed a theft offense. This is not as easy to prove, especially if material evidence is being challenged by a good criminal defense firm in Mesa AZ. This is just one of many defenses an experienced private practice criminal defense attorney may use to build a winning defense for your felony charges. Depending on the facts, a good criminal lawyer in Mesa AZ will know what defenses to use based on the facts surrounding your case. .

Mesa AZ Criminal Attorney for Felony Defense

The best Arizona criminal lawyers who defend charges in Mesa AZ agree upon is in order to obtain any change of getting you’re felony charges dismissed, reduced, or the good outcome in your case is to retain an experienced private practice Arizona criminal lawyer. A conviction of felony charges for theft or any other felony charges can be so adversely life altering that in many cases you have no choice but to defend your charges. Good Criminal Defense Attorneys will guide you through the criminal law processes; and recognize every opportunity to strengthen your defense, challenge and suppress evidence against you, and weaken the prosecution’s case. Early retention of a good Mesa AZ criminal lawyer enables your Arizona defense firm to build and mount a strong defense in an effort to gain the most successful outcome in your case.

Felony Theft Charges: How Felony Thefts offenses are classified

The Law Office of James Novak Team — Mon, 07 Mar 2011 13:25:05 GMT

How Phoenix Criminal Attorneys Defend Phoenix Theft Charges

If you were arrested or charged with felony theft in Arizona you should consult an Arizona Attorney who defends theft charges in Phoenix Court on a regular basis. The criminal defense attorney in Arizona you choose should understand the Phoenix criminal justice system, court protocol, Arizona Laws, and Theft defenses that can be used on your behalf for defense. Felony theft convictions carry harsh penalties that may expose you to extended prison or jail sentences, fines, restitution to the victim (s) and other penalties. There may be defenses available that if used effectively can help you avoid a conviction.

Arizona Theft Defenses and Theft Laws in Arizona

Arizona theft laws are outline under A.R.S. 13-1801 and A.R.S. 13-1802 and can be reviewed in more detail at azleg.state.az. Arizona Revised Statutes website. Refer to excerpts of the law cited in part from A.R.S. 13-1802. Theft; classification which reads in part as follows:

“A.R.S. 13-1802…A. A person commits theft if, without lawful authority, the person knowingly…: 1. Controls property of another with the intent to deprive the other person of such property… B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property….”

Portions of the law are cited above and emphasis placed by this author on the words “knowingly” and “intent”. In order to get a conviction for a Phoenix Felony charges for theft, the prosecution will need to prove that you “knowingly” and “intentionally” committed a theft crime. This is not always easy for the prosecution to prove, especially when certain evidence is being challenged by a Phoenix AZ criminal defense firm. This is just example of many defenses a private practice Arizona criminal attorney using the Arizona laws in your favor to build a winning defense on your behalf. Depending on the circumstances of your case, a good private practice Phoenix criminal lawyer will know what other defenses should be used based on the facts surrounding your Phoenix felony charges.

Arizona Felony Penalties for Theft

Felony Penalties for theft based on classification of the felonies. Felony classifications are based on the dollar amount or value of the alleged stolen property or services at issue. Below is a summarized classification chart:

• $25 000. or greater results in a class 2 Felony;

• $4,000. or greater but less than $25,000.00 results in class 3 Felony;

• $3,000. or greater but less than $4,000. results in class 4 felony;

• Theft of any vehicle, engine or transmission is a class 4 felony, regardless of the value of that vehicle, engine or transmission;

• $2,000. or greater but less than $3,000 results in class 5 felony;

• $1,000. or greater but less than $2,000.00 results in a class 6 felony;

• Less than $1,000. is charged as a Class 6 felony if the stolen property is a firearm or an animal stolen with the intent of using it for animal fighting pursuant to violation of A.R.S. 13-2910.01.

If the stolen property or service value equals $100,000.00 or greater, the courts extend strict penalties under the law. In these cases defendants are not eligible for leniency such as suspension of sentence, probation, pardon or release from confinement on any basis except as pursuant under section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Phoenix Criminal Attorney for Felony Defense

One thing the best Arizona criminal lawyers agree on is that your chances of getting you’re felony charges of theft dismissed reduced, or the best possible outcome in your case is to retain an experienced Arizona criminal attorney who defends charges frequently in Phoenix AZ. A conviction of felony charges for theft or any other felony charges carry such severe consequences that if you wish to preserve your freedom, future, and criminal record you need to retain a private practice Phoenix criminal lawyer to defend you. The best Phoenix criminal lawyers will know how to use the Arizona Laws to your defense advantage. They will guide you through the criminal law process; and look for every opportunity to strengthen your defense, challenge the evidence against you, and weaken the Arizona prosecution’s case. Early retention of a Phoenix criminal lawyer is key to defending your case and producing the most successful results in your defense.

PHOENIX THEFT LAWS | CRIMINAL DEFENSE

The Law Office of James Novak Team — Fri, 03 Dec 2010 13:04:01 GMT

CRIMINAL ATTORNEYS PHOENIX, AZ “Retaining a good Phoenix AZ theft defense Attorney or criminal lawyer who defends theft charges in Phoenix frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges”.

Phoenix Theft Charges Theft charges can be a serious, and the consequences devastating depending on the circumstances anywhere in Arizona. The police and prosecution aggrievedly pursue convictions for theft charges Arizona. If you have been charged with a theft crime of any kind in Arizona you should consult an experienced Arizona Theft crime Attorney or criminal defense attorney in Arizona to discuss your charges and defense options.

Theft Crimes in Phoenix AZ Below is a list of different types of theft crime offenses. This list is not all inclusive: • Misdemeanor theft • Felony theft • Auto theft or Grand Auto theft • Grand theft • Embezzlement • Burglary • Robbery • Armed Robbery • Carjacking • Credit card theft • Identity theft • Fraud • Forgery • Larceny • Cyber theft and virtual cyber theft Theft Laws Phoenix AZ Phoenix AZ theft charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Phoenix AZ Theft Penalties The Phoenix Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen; • Misdemeanor or Felony; • Petty Theft or Grand Theft • Type of property; • Number of items taken; • Manner in which it was taken; • Whether or not a weapon used; • Imminent danger, assault or homicide involved; • The criminal history of the defendant; Phoenix Theft Attorneys The Phoenix AZ prosecution wants theft convictions. They are not there to help you defend your charges. Their role in the criminal justice system and Phoenix Court is to convict you. A qualified Phoenix theft attorney in Arizona or experienced Phoenix criminal attorney will gather and examine all evidence available, determine strength or weaknesses in the prosecutions case, interview or depose witnesses if appropriate, determine and build a solid and effective defense on your behalf and or otherwise determine the best course of action to avoid a conviction or get the otherwise best outcome in your theft case.

Retaining a good Phoenix AZ theft defense Attorney or criminal attorney who defends theft charges in Phoenix frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Phoenix theft charges. For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com

more If you have been arrested for any Phoenix Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Phoenix AZ, valley wide within Maricopa County. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

ARIZONA THEFT LAWS | CRIMINAL DEFENSE 2

The Law Office of James Novak Team — Sun, 21 Nov 2010 13:31:53 GMT

CRIMINAL ATTORNEYS GILBERT, AZ “Retaining an experienced Gilbert AZ theft defense Attorney or criminal lawyer who defends theft charges in Gilbert frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your theft charges”.

Theft Charges Theft charges can be a serious, and the consequences devastating depending on the facts surrounding your criminal charges in Gilbert, Arizona. The Gilbert police and prosecution pursue convictions relentlessly for theft charges. If you have been charged or arrested for theft charges of any kind in Gilbert, AZ, you should consult a qualified Gilbert theft Attorney or criminal defense attorney who defends theft charges frequently in Gilbert Court. .

Gilbert Theft Crimes Below is a list of different types of theft crime offenses. This list is not all inclusive:

• Misdemeanor theft • Felony theft • Auto theft or Grand Auto theft • Grand theft • Embezzlement • Burglary • Robbery • Armed Robbery • Carjacking • Credit card theft • Identity theft • Fraud • Forgery • Larceny • Cyber theft and virtual cyber theft Theft Laws Gilbert Arizona Whether your theft arrest or theft charges were in Gilbert, Phoenix, Chandler, Mesa, Scottsdale, Tempe or any other city in Arizona, theft charges definitions, classifications, and penalties are governed by the authority of Arizona Law Chapter 18, Title 13 of the Arizona Revised Statutes, specifically A.R.S. 13-1801 through 13-1819.

Gilbert AZ Theft Penalties – Factors Gilbert Court Considers in Sentencing The Gilbert Court and Prosecution will look at many factors when considering what sentencing should be for a theft crime conviction. The range of sentencing for an Arizona theft crime can be severe and include probation, fines, restitution, community service, counseling, jail and prison and other penalties. Penalties for conviction of theft charges in Arizona depend largely on the following:

• Value of the property that was stolen; • Misdemeanor or Felony; • Petty Theft or Grand Theft • Type of property; • Number of items taken; • Manner in which it was taken; • Whether or not a weapon used; • Imminent danger, assault or homicide involved; • The criminal history of the defendant; Theft Attorneys Gilbert The Gilbert AZ prosecution’s role in the criminal justice system is to get convictions. As polite as they may be, they are not there to help you defend your theft charges or make your life easier. Their obligations are to the State of Arizona and the Gilbert Court to make sure you are convicted and punished for the offense you were charged or arrested or standing trial for. A qualified Gilbert theft defense attorney in Arizona or experienced Gilbert criminal attorney will gather and examine all evidence available determine what if any evidence can be suppressed and not used against you; determine if your constitutional rights were protected and not violated; make sure police procedure and protocol were followed; interview or depose witnesses if appropriate; determine a defense strategy; build a solid and effective defense on your behalf; and/or otherwise determine the best course of action to avoid a conviction and get the otherwise best outcome in your theft case.

Retaining an experienced Gilbert AZ theft Attorney or criminal attorney Gilbert, AZ who defends theft charges in Gilbert frequently can mean the difference between getting an Arizona theft crime conviction with harsh punishments or sentencing, or getting leniency, reduced charges or a getting a complete dismissal of your Gilbert theft charges.

more For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacrimialdefenselawyer.com If you have been arrested for any Gilbert, AZ DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Gilbert AZ, and valley wide within Maricopa County. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.