Police officers answered a domestic dispute, and the suspect was fatally shot by police.

When the officer arrived on scene, he encountered a woman outside a home.

It was reported that the woman threatened to shoot herself and a friend who was still inside the home with another person.

The officer allegedly believed that the woman was aiming a handgun at him. As a result, he shot, and killed her.

This unfortunate ordeal ended horribly wrong. It was the very worst possible scenario for the suspect.

Other adverse consequences occur. These include the high risk of criminal charges being brought against those involved in the domestic dispute.

The four types of charges often coupled with domestic violence crimes are weapons misconduct, aggravated assault, disobeying police orders, and domestic violence charges.

In this article, we will discuss four types of criminal charges often associated with domestic disputes, that put a person at risk for harm or fatality, as well as risk factors, and criminal defense for the charges.

Any one or more of these criminal charges, in absence of injury can be life altering.

Convictions can jeopardize your freedom, leaving you with a long standing criminal record.

1) Aggravated Assault Charges

An aggravated assault is a felony in Arizona.

Misdemeanor assaults and aggravated assaults are differentiated in that they are either felonies or misdemeanors.

While both types of assault are serious, aggravated assault convictions carry very harsh punishments.

Like weapons misconduct, felony assaults charges can be brought in a number of situations. Any assault that involves the use of a deadly weapon may also be charged as aggravated assault.

A deadly weapon includes any object designed for lethal use, including unloaded firearms.

This does not include permanently inoperable firearms. The definition of firearms also does not include a toy weapon.

The prosecution will have to show that a deadly weapon was used to intentionally, recklessly, or knowingly cause a physical injury to somebody else; placed someone else in reasonable apprehension of being physically injured; or knowingly touch somebody else with the intent to injure, provoke, or insult that person.

Any misdemeanor assault against a peace officer who is engaged in performing official duties can also be charged as an aggravated assault.

When an aggravated assault is based on an assault on a peace officer engaged in his job, charges are brought as class 2 felonies. A presumptive term for a class 2 felony is five years, and an aggravated term is 12.5 years.

2) Weapons Misconduct Weapons misconduct refers to criminal offenses that involve a deadly weapon.

Weapons crimes can be brought when a person knowingly carries a concealed deadly weapon other than a pocket knife, while committing a serious offense or felony.

They can also be brought when a person fails to respond correctly, as to whether or not they are carrying a concealed deadly weapon, upon inquiry by a police officer.

There are numerous ways weapons misconduct can result in a criminal record under Arizona Revised Statute section 13-3102.

In the former situation, weapons misconduct is charged as a class 6 felony.

While, these are not punished as harshly as other felonies in Arizona, they still call for prison time.

The presumptive term for a first-time offender’s conviction for a class 6 felony is one year, while an aggravated term is two years.

However, depending on the circumstances, it is sometimes possible to negotiate to get the felony turned into a class 1 misdemeanor with a lighter sentence.

Failing to answer a police officer accurately about a concealed deadly weapon is a class 1 misdemeanor.

The penalties are not as serious, but you can still end up with a criminal record that affects your ability to secure employment, professional licenses, and housing and it could affect the outcome of future criminal charges.

3) Domestic Violence Charges

In Arizona, according to statistics from the National Coalition for Domestic Violence (NCAVD), the presence of a gun, in the home, increases the chance of fatality by 500 percent. Domestic violence can be a felony or misdemeanor. This determination is made based on the actual crime that was committed.

Some examples include assault, sexual assault, criminal trespassing, violation of a restraining order, neglect, delinquency of a minor, stalking, harassment, incest, and other crimes against a child.

Whether or not the crime is one of domestic violence is determined by the nature of the crime and the relationship between the victim and the accused.

Relationships described in Arizona Revised Statutes 13-3601 include, but are not limited to those between current or former spouses, parents, children, grandparents, siblings, those involved in a romantic relationship, co-habitants, those either related, or in a present or former relationship that do not live together.

In Arizona when charges are brought for a third domestic violence incident, within 7 years, the charges are raised to a felony. This is the case, even if the violation was a misdemeanor.

If a deadly weapon such as a gun is displayed in a domestic dispute, while a person under the age of 15 is present, the suspect will be arrested.

This is the case, whether or not the weapon was used.

It is also the case, whether or not the police officer actually witnessed the display of the weapon. In any event, probable cause would be needed in order to make a lawful arrest.

Under Arizona’s domestic violence law, the police officer’s discretion, they have may seize a firearm temporarily if they learn that one is on the premises, and feel it poses the threat of harm under the circumstances.

In some situations one or more parties will turn on police.

When police are not sure which person is the aggressor, they will often arrest both individuals involved in the dispute.

For the victim, this is adds insult to injury causing a person to become angry and combative towards police.

4) Failure to Obey Police Orders

Arizona Revised Statute section 28-622 prohibits someone from failing to comply with a police officer who has the authority to direct, control, or regulate traffic.

In the incident described above, the woman could have been charged with a failure to comply if the police officer had asked her to put the toy gun down, even though it was not a real firearm.

A failure to obey a police officer is a class 2 criminal misdemeanor.

A class 2 misdemeanor can be punished with a term of imprisonment for a maximum of four months.

High Risk Factors in Domestic Disputes

A recent report was issued by the National Law Enforcement Officers Memorial Fund, which concluded that the deadliest police encounters involve domestic disputes.

Following a recent 5 years study, 684 officer deaths in the line of duty were analyzed. Of those, twenty percent of the officers died of rifle gunshot wounds.

Some of the reasons for this include an escalation of emotions, which is often accompanied by a decrease in logical thinking and reasoning, those involved.

Officers often find it necessary to arrest, or remove one or more of those involved from the home following a heated argument, for the safety of the occupants.

An order from police for one of the parties to leave their own home is often met with resentment and opposition. This alone, can be dangerous for both police and the suspect.

When alcohol and drug abuse is involved, judgment is impaired, which results in increased risk of harm or fatality.

According to statistics from the National Coalition for Domestic Violence, 72% of all murder-suicides in the United States involve intimate partners.

Further, statistics indicate that the existence of an accessible firearm, in the home increases the chance of fatality by 500 percent.

That risk increases to 2,000 percent if there has been a prior history of domestic violence among the individuals.

The officers are well aware of these dangers and exercise vigilance. They often call for back-up officers, for their own protection when called to a domestic dispute.

The police investigation into a domestic dispute begins before they even arrive on scene. When they receive a dispatch for a domestic violence call, one of the first things they do is a background check to see if police have been to the house in the past or if there are prior convictions.

When officers feel threatened, they generally will not take any chances.

Police officers are trained to use force if needed to defend themselves.

This can happen even if what they perceive as a threat, later ends up not being a real threat of harm to the officer.

Criminal Defense Attorney for Aggravated Assault, Weapons Misconduct, Failure to Obey Police Orders, Domestic Violence Charges in Phoenix AZ

If you simply plead guilty, without the guidance and retention of a qualified criminal defense attorney, you will be exposed to a swift conviction and harsh penalties.

It is important in all of these situations to retain experienced legal advocate who can fight for your rights, and provide a strong criminal defense.

No matter how serious your charges may be, you have the right to defend them.

In addition, to protecting your rights, and making sure you are treated fairly, an effective criminal defense attorney may be able to apply specific defenses in your case.

Depending on the circumstances, and strength of the evidence surrounding them, defense strategies can be mounted which can lead to a favorable outcome of your case.

Often, there are mitigating circumstances or facts that can be used to negotiate with the prosecution for a plea deal. In some cases, it may be possible to win at trial by establishing a reasonable doubt.

If your rights were violated or evidence was obtained unlawfully, it often can be suppressed to that it cannot be used to prosecute you.

James Novak, of the Law Office of James Novak, is an experienced criminal defense attorney, and former Maricopa County prosecutor.

Attorney, James defends charges of aggravated assault, failure to obey police orders, domestic violence, and weapons misconduct charges on a regular basis.

If you face active criminal charges in Phoenix, Mesa, Tempe, Chandler, Gilbert or Scottsdale Arizona, James Novak will can provide you with a free and confidential consultation regarding your matter.

If retained, he will tailor and provide a strong defense on your behalf and work to resolve your charges.

Call (480) 413-1499, or contact James Novak today to personally discuss your options for your defense.

Additional Resources:

• Arizona Revised Statutes section 13-3102 (misconduct involving weapons)
• Arizona Revised Statutes section 13-1204 (aggravated assault)
• Arizona Revised Statutes section 28-622 (failure to comply with a police officer)
• Arizona Revised Statutes section 13- 3601 (domestic violence)
• Phoenix Superior Court
• National Law Enforcement Officers Memorial Fund | Police Deadly Encounters

More Articles:

• Aggravated Assault: The High Cost of Harming a Police Officer,
• Assault Convictions Require “Intent” and “Knowledge” or “Recklessness”
• Failure to Comply with Police Orders and Constitutionality Challenges

“Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.

By law the police must have “probable cause” to make an arrest. And although they may feel that the arrests meet the standards for probable cause that a crime occurred, the charges are often disputed and unjustified. For example, police often issue charges of Disorderly Conduct when they are annoyed with a person, and no other criminal charges apply to their conduct.

Disorderly Conduct charges are often seen coupled with other criminal charges such as domestic disputes or domestic violence, assault, resisting arrest, and other serious felony criminal offenses. Under A.R.S. 13-2904 in Arizona, a person may be guilty of disorderly conduct if they intentionally and with knowledge disturb the peace of a neighborhood, business, person, gathering, meeting, or procession. Behaviors that fall within this code include but are not limited to fighting; serious, violent or disruptive behavior; public belligerence; unreasonably loud noise music, or laughter; use of abusive or offensive language; use of offensive gestures to anyone present that will likely provoke immediate physical retaliation; refusal to obey a civil or lawful order to evacuate or disperse issued to maintain public safety in emergency; or reckless handling, display or discharge of a gun or deadly weapon.

Criminal defenses include but are not limited to violations of constitutional rights including right to free speech, and gathering peacefully; insufficient evidence; lack of eye witnesses, lack of biased witnesses; or conflicting witness testimony; justification defenses; and failure of the prosecution to prove beyond a reasonable doubt that a criminal offense occurred.

Most are charged as Class 1 Misdemeanor in Tempe AZ call for 30 days in jail if convicted. If the behavior involves reckless handling, display or discharge of a gun or other deadly weapon, they are charged as Class 6 Felonies. All felonies in Arizona expose a person to prison terms sentencing and other harsh penalties. Other penalties include fines, fees, assessments, costs, probation, community service, and court ordered anger management counseling.

You should always consult a criminal defense attorney if you face disorderly conduct charges in Arizona, to discuss your options for defense. Defenses may apply that can be used to challenge due to lack of evidence, and justification. But your chances of a dismissal increase substantially if you are represented by a qualified criminal defense attorney.

Additional Resources:

• Tempe Police Investigations Unit

• Disorderly Conduct in Arizona

• Arizona Revised Statutes

• Arizona Sentencing Chart 2012 – 2013

• Tempe Municipal Court

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Most are charged as Class 1 Misdemeanors, which carries a jail sentence. But depending on the circumstances, may be charged as Class 1 felony which exposes a person to harsh prison sentencing.

Disorderly Conduct laws cover a wide range of criminal conduct, which many perceive it as a “catch-all” offense. Others consider it a last resort charge, in those cases where police are annoyed with a person, and have no other applicable charges for which to cite a person. It is often coupled with other offenses such as assault, domestic violence, unlawful discharge of a gun, or resisting arrest.

Disorderly Conduct charges are often vague in nature, making it one of the most challenged criminal offenses in court. Often the suspect was acting within the order of their Constitutional Rights. They are often dismissed for the following reasons:

• Insufficient evidence;
• Lack of consistent credible witness statements;
• Violations in Constitutional Rights;
• Affirmative or Justifiable Defenses were successfully argued.
• Inability of the prosecution to “prove beyond reasonable doubt” that the crime was committed.

A.R.S. 13-2904 Disorderly Conduct Laws

A person is guilty of Disorderly Conduct, if, with intent to disturb the peace and quiet of a neighborhood, person, family, or business, other public or place, with knowledge of doing so commits the following:

1) Engages in fighting, violence or seriously disruptive behavior; and includes public drunkenness resulting in disorderly behavior;

2) Makes unreasonable and disruptive noise; or

3) Uses abusive or offensive language or gestures to against another that is likely to provoke immediate physical retaliation by that person; or

4) Makes commotion of long duration; verbal or physical display with the intent to prevent transactions of a business, lawful gathering, meeting, or procession;

or 5) Refusing to comply with a lawful order to disperse for any of the following purposes:

• To maintain public safety;
• If they are within the dangerous proximity to a fire, or other hazard;
• Any other emergency as deemed necessary by civil local, or state officials, or criminal law enforcement entities.

These offenses will be charged as Class 1 Misdemeanors, and expose a person to jail, and other penalties.

A person will also be guilty of Disorderly Conduct if with intent and knowledge, displays or discharges a firearm, other deadly weapon, or dangerous instrument. This offense will be charged as a Class 6 Felony, exposing a defendant to prison, and other harsh penalties.

Criminal Defense Attorney for Disorderly Conduct in Tempe, AZ

Disorderly Conduct charges are not always justified, are often vague in nature. For these reasons criminal defense attorneys can often get them dismissed. You should never plead guilty before consulting an experienced criminal lawyer about your matter. If retained they will evaluate your case and determine what defenses may be used based on your circumstances. They will tell your side of the story; protect your rights; defend your charges; and work to get you the best possible outcome in your case.

Additional Resources:

• Disorderly Conduct Laws

• Arizona Department of Public Safety – Crime Statistics 2011

• Tempe Police Department – Resources

• Tempe City Court

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It was reported in the media that his Blood Alcohol Content (BAC) level exceeded the Super Extreme limit which is 0.20%. The suspect allegedly admitted to being under the influence of prescription drugs. The Judge was not at his bench on Monday, and the court reported that was allegedly assigned to non-judicial duties due to a personal matter.

In Arizona it is illegal to drive “Impaired to the Slightest Degree” due to alcohol or drugs. Prescription drugs, especially for pain, often have adverse impacts on driving. When drugs and alcohol are combined, they can prove to be particularly impairing on a motorist’s ability to drive.

A mistake in judgment can easily result in a criminal offense. A DUI conviction can result in harsh criminal penalties including jail, driver’s license suspension, and other civil penalties, as well as other consequences. If you will be driving in Arizona, you should understand the side effects of any drugs you take; and be familiar with Arizona DUI laws and consequences of a conviction.

Arizona Drug DUI Laws

A.R.S. 28-1381. (A). Under Arizona law it is illegal to drive or be in actual physical control of a vehicle, “impaired to the slightest degree”, while under the influence of:

• Alcohol;
• Drug, or toxic substance (including over-the-counter, prescription, other legal or illegal drugs; or
• Any combination of liquor, and drugs First offense drug DUI charges are treated are very similar to those of an alcohol DUI with a BAC of 0.08%, and categorized as a Class 1 Misdemeanor. Penalties for conviction include:
  • 10 days jail;
  • Fines, fees, costs of $1,200.00
  • Installation of Court ordered Ignition Interlock Device on vehicle for at least 6 months;
  • Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
  • Suspension of Driver’s License for 90 days;
  • Probation and/or
  • Community Service

Super Extreme DUI laws in Arizona

A.R.S. 28-1381. (A)(2)(B). A motorist driving with an Alcohol BAC of 0.20 or more will be found guilty of Super Extreme DUI. A super Extreme DUI is a Class 1 Misdemeanor; If a person is found to be driving with a BAC of 0.20 they will also be cited with “Impaired to the Slightest Degree”; 0.08% BAC DUI; 015% or more Extreme DUI and 0.20% Super Extreme DUI for up to 4 citations in one stop.

Penalties for a first offense Super Extreme DUI include

• 45 days in jail; • Fines, fees, costs of $2,500.00
• Drug/Substance abuse screening, counseling or treatment which if completed, will reduce jail term;
• Installation of Court ordered Ignition Interlock Device on vehicle for at least 18 months;
• Suspension of Driver’s License for at least 90 days;
• Probation and/or
• Community Service

Criminal Defense Attorney for Super Extreme DUI charges Gilbert AZ

Penalties for DUI if convicted will usually result in other life altering consequences such as termination or suspension of job. It is important to consult an experienced criminal defense attorney before going to court to discuss your matter, and options for defense. The penalties for any DUI in Arizona are some of the toughest in the country. You should never plead “Guilty” without being represented by an effective criminal defense lawyer. There may be defenses you are not aware of, that can lead to a dismissal, reduction or charges, or a reduction of harsh penalties. They will guide you through all phases of the criminal justice process; protect your rights; defend your charges; and work to get the most favorable resolution to your case.

Additional Resources:

• Drug DUI and Super Extreme DUI laws

• Gilbert AZ Police Department

• Alcohol/Substance Abuse Counseling and Treatment Providers

• Arizona Department of Health Services – Behavior Health Resource Links

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

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.

Maricopa County Disorderly Conduct Charges Maricopa County “Disorderly conduct charges”, sometimes referred to as “disturbing the peace” are made all too often. But commonality does not reduce their consequences. An experienced Maricopa County criminal defense attorney will tell you they should be taken seriously due to the severe penalties you may be exposed to if convicted.

Arizona Disorderly Conduct Penalties Circumstances surrounding the incident have a significant impact on the classification in which they will be charged. Disorderly conduct charges in are usually brought as Class 1 Misdemeanors., he highest level of Arizona Misdemeanors. Class 1 Misdemeanor convictions carry penalties of up to 6 months incarceration and up to $2500.00 fines. Class 6 Felonies will usually be charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum sentencing of up to one year in state prison, fines, fees, a felony criminal record; and could include other punishments ordered by the court.

Disorderly Conduct Laws in Maricopa County Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. Below is a paraphrased discussion of the law: A person can be charged with disorderly conduct in the following circumstances:

1) The person “with intent” disturbs another person, neighborhood, or business’s peace: or

2) “With knowledge”, of their actions, a person displays or engages in the following: • Fight, altercation. or other behavior which was disruptive;

• Unreasonably disruptive noise or music;

• Offensive, abusive, disturbing language or gestures which in turn provoke another person to immediately retaliate;

• The disruption or commotion continues for an extended period of time;

• Any physical or verbal disturbance displayed with the intent to prevent or distract a lawful gathering, or meeting;

• Disobedience or Failure to adhere to a lawful instructions or orders to leave, evacuate, or dismiss one’s presence from a premises or area issued for purposes of public safety; risk of danger or peril such as fire; or other imminent hazard or emergency;

• Reckless display or unlawful discharge of a gun or other deadly weapon.

Defenses for Maricopa County AZ Disorderly Conduct Charges Experienced Maricopa County criminal defense attorneys challenge disorderly conduct charges frequently due to their subjective nature. An effective use of legal defenses often results in dismissal of the charges. There are a vast number of defenses that can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of the case: Below are examples of defenses that may apply (list not exhaustive):

• “Justification”; Defenses used to explain why the conduct was “justified” and not unlawful: self-defense; imminent fear of danger to one’s self or family; immediate reaction to provocation or threat;

• “Affirmative”; Facts that bar or prevent the State from being able to prosecute the charges: Jurisdictional challenges; violations of time limit statutes to bring charges; the accused had a severe mental illness and did not know or intend to engage in disorderly conduct;

• “Reasonable Doubt”; Trust worthy witnesses to the incident provide compelling testimony which conflicts with the police officer’s account of the accused person’s conducts; Prosecution is unable to prove “beyond a reasonable doubt” that the accused engaged in disorderly conduct; No evidence, witnesses, or no complaints exists to support that the accused disturbed anyone’s peace or engaged in disorderly conduct;

• “Violation (s) of Constitutional Rights”; Right to free speech in absences of abusive or offensive language; right to lawfully and peacefully assemble; right to peacefully and without offense or disturbance pray, practice faith or religion of choice.

Reasons Police Choose to Make Arrests for Disorderly Conduct
Those arrested or charged for disorderly conduct often wonder what they did to deserve to be arrested. Maricopa County criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” charge, when no other appropriate charges exist and they want to make an arrest. Charges sometimes follow a police warning, but a warning is not required. The most common reasons police decide to charge or arrest someone for disorderly conduct is Maricopa County is for the following reasons:

1) Police are annoyed with you;

2) No other appropriate charges exist for them to use;

3) Police feel the need to make an arrest or charge because someone has made a complaint against you;

4) Police gave you a warning, and the conduct, music, disruptive behavior continued and they had to return;

5) You disrespected or disobeyed orders from police;

6) Police believed your actions were deliberate, intended, and you were not cooperating with them Never plead guilty for disorderly conduct charges without first consulting a Maricopa County Criminal Defense Attorney. They will provide you with information and options for your defense.

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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

10 Reasons Police May Charge You for Disorderly Conduct in Mesa AZ

Editor’s Note: This list of reasons may get you angry; Make sure you don’t “disturb anyone’s peace” when you read it!

Mesa AZ “Disorderly conduct charges (“disturbing the peace”) are common in Arizona. But commonality does not reduce their severity. An experienced criminal defense attorney who defends Mesa Disorderly Conduct Charges will be the first to tell you, to take the charges seriously. This is due to the consequences of a conviction.

The police generally use disorderly conduct as a “catch-all” charge, and they see it necessary to make an arrest. Here are some of the reasons police may charge or arrest someone for disorderly conduct

1) Police are annoyed with you;

2) No other criminal charges exist that are more appropriate for the conduct;

3) Someone has made a complaint against you for disruptive conduct;

4) Police gave you a warning; and had to return because the conduct, or disruptive music continued;

5) You disobeyed an order or instruction the police gave you;

6) They Police did not like “the look” you gave them or the “tone of voice” you used in response to them;

7) It was the opinion of the police that you were being uncooperative;

8) Police believed your conduct was deliberate, intended, and that you knew you were disturbing others peace;

9) Police perceived you not being as respectful to them as they would like;

10) Police did not know which person to arrest or charge, so it was easier from them to arrest or charge both or all persons at the scene; knowing one or more of the people were innocent.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Mesa AZ
Facts involving the incident which led to the arrest, will dictate the classification of the disorderly conduct charges. They are typically charged as Class 1 Misdemeanors. These are the most severe level of AZ Misdemeanors. Class 1 Misdemeanor convictions carry sentencing that can range from probation and fines up to 6 months incarceration and up to $2500.00 fines.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felonies carry maximum penalties of up to one year in state prison, fines and fees, and a felony that will stay on your criminal record for years to come.

Disorderly Conduct Laws in Arizona Arizona Disorderly Conduct Laws are classified, and defined in Title 13 of Arizona Criminal Code ARS 13-2904. A discussion of the law is paraphrased below:

A person can be charged with disorderly conduct in the following circumstances:

1) “With intent” a person disturbs another’s, or a business or other entities’ peace: or

2) “With knowledge”, of their actions, a person displays or engages in the following:

• Fights, physical or verbal; or other serious disruptive behavior;

• Playing unreasonably loud music during nighttime hours especially, when others are sleeping, or making other continuously loud noise;

• Using offensive, disturbing or abusive language (or gestures) which provoke “immediate” retaliation by another party;

• Any such disruption or disturbance last for an extended period of time;

• Any physical or verbal disturbance caused by a person with the intent to prevent or distract a lawful meeting or gathering;

• Disobedience of a civil or lawful order to leave, evacuate or dismiss one’s self from a premises or area. They order may be issued for reasons involving public safety; imminent danger or peril such as fire, flood, or other hazard or emergency; • Reckless unlawful discharge of a firearm, or reckless unlawful display of a gun or other dangerous weapon.

Criminal Defense for Mesa AZ Disorderly Conduct Charges
Good criminal attorneys who defend criminal charges in Mesa AZ challenge disorderly conduct charges frequently; and often get disorderly conduct charges dismissed. This is mainly due to their subjective nature. An effective use of legal defenses is the key. Many defenses can be used to combat unjust or unwarranted disorderly conduct charges. Your criminal defense lawyer uses will be tailored to the fact of your case: Some examples of defenses that may be used to challenge disorderly conduct charges would include “Justification” defenses; “Affirmative” Defenses; “Reasonable Doubt” defenses; or Violation of Rights defenses.

It is unwise to plead guilty to disorderly conduct charges and accept the consequences without legal review and retention of a Criminal Defense Attorney who defends disorderly conduct charges in Mesa AZ on a regular basis. Depending on the facts, there is good chance they may be able to successfully challenge the charges, which could lead to a dismissal in your case.

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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

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

Chandler Disorderly Conduct Charges

These are probably some of the most frequent criminal charges given out by Chandler Police. But at the same time, they are some of the most frequently challenged charges by criminal defense attorneys. Many are dismissed due to their subjective nature. Every case carries its own unique circumstances, and criminal lawyers tailor defenses to challenge the evidence, or lack thereof. To get a conviction, for disorderly conduct charges the prosecution has the burden of proving that the disruptive conduct disrupted a business, or disturbed someone’s peace; the accused had “knowledge” that they were disturbing others; or that there actions were “intentional”. While this is an uphill battle for the prosecution, you will need to retain the assistance of a criminal defense attorney to defend you case if you wish to increase your chances of getting the charges dismissed.

Arizona Disorderly Conduct Laws – Discussion

Title 13 ARS 13-2904. A & B outlines situations under the law that would result in disorderly conduct law violations. But the reality is that the facts or circumstances surrounding the criminal charge are not always objective. For example, a person can be charge for disorderly conduct or disturbing the peace for making “unreasonable” noise. But “unreasonable noise” to one, may not be to another.

Under Arizona Criminal law, in order to be convicted of disorderly conduct, a person must be engaging in the conduct with “knowledge” or “intent” to disturb another (s) peace. The prosecution has the burden of proving that the accused had knowledge or intent. So for the sake of discussion, what if person number #2 is provoked unexpectedly by person number #1 and an immediately verbal altercation ensues? Then following the incident, the police arrive and arrest both persons. In this case, there are really two compelling argument exists for person #2.

1) Person Number #2 was provoked, and retaliated out of fear of danger or the threat of danger. So their actions were in self-defense.

2) Person Number #2 engaged in an act of immediate retaliation, and did not “intend” to disturb the peace of others in the surrounding area that may have been disturbed by the altercation.

In Arizona, Disorderly Conduct charges are often coupled with other criminal charges. Using the examples above, the following additional charges would apply:

1) Where “unreasonable noise” was reported, the police also found that the person making “unreasonable noise” was under the age of 21, and drinking alcohol. So they were charged with disorderly conduct and “Under Age Drinking”.

2) In the situation where a person was provoked into retaliated, the altercation turned into a physical fight. Both persons were also charged with “assault” in addition to “disorderly conduct”.

Every situation is different and holds its’ own unique set of circumstances. In many cases the language of the law actually serves as to defend the accused, verses prosecuting them. Many defenses are available, but limited to the only those that that surround the circumstances.

Disorderly Conduct Penalties in Arizona

Most disorderly conduct charges are classified as Class 1 misdemeanors. A Class 1 misdemeanor is the most serious of Arizona misdemeanor charges. A Class 1 misdemeanor exposes the accused to a maximum sentence of 6 months in prison and $2,500.00 in fines.

If the situation involving the Disorderly Conduct involved reckless display, use, or discharge of a firearm, a Class 6 Felony may be charged. In that case, the accused may face potential sentencing that includes one year in prison; hefty fines and fees; and a felony criminal record.

If Disorderly Conduct Charges are coupled with other criminal charges, additional penalties would apply. When disorderly conduct is charged in relation to another crime, it usually is involves more serious crimes such as DUI, or Assault charges.

Criminal Defense Lawyer for Disorderly Conduct Charges in Chandler AZ

You should consult an experienced criminal defense attorney who defends criminal charges in Chandler before pleading guilty to Disorderly Conduct charges in Chandler AZ. The charges may not be justified, and defenses may exist that you are not aware of that can lead to a dismissal of your charges.

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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

Disorderly Conduct Charges Gilbert AZ

“Disorderly conduct” or “disturbing the peace” charges are common in Gilbert AZ. But just because they are common, does not make them less serious. A good criminal defense attorney who defends Gilbert Disorderly Conduct Charges will be the first to tell you, not to ignore these charges. If you ignore them or fail to appear at your designated court date, a warrant will be issued for our arrest.

Like any arrest or criminal charges, they are not always lawful or justified. But the person arrested for disorderly conduct now faces criminal charges, and will need to get the criminal matter resolved or face potential serious consequences if convicted.

Penalties for Disorderly Conduct in Gilbert AZ

Circumstances surrounding the Disorderly Conduct charges will weigh heavily on the classification for which the conduct will be charged. A large number of these charges are classified as Class 1 Misdemeanors. Class 1 Misdemeanors are the highest level of AZ Misdemeanors. Class 1 Misdemeanors will expose you to six months of incarceration and $2500.00 fines if convicted.

Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony sentencing includes maximum penalties of up to one year in state prison, fines and fees, and a felony criminal record. Arizona Disorderly Conduct Laws Arizona Disorderly Conduct Laws are found in Title 13 of Arizona Criminal Code ARS 13-2904. An outline and summary of the law is shown below:

A person can be charged with disorderly conduct when the following applies to their conduct:

1) “With intent” someone disturbs another person, business, or other entities’ peace: or

2) “With knowledge”, of their actions, a person engages in the following behavior (s):

• Fighting; or other disruptive behavior;

• Loud music or other disruptive noise especially late evening or early am hours;

• Using offensive, disturbing, abusive language or gestures that provoke immediate retaliation by another party;

• Disruption or disturbance that lasts for an extended period of time;

• Disrupting person (s) with the intent to prevent or distract them from engaging in a lawful meeting or gathering;

• Disobedience of a lawful order to dismiss, evacuate or remove one’s self from a premises or area, for purposes of public safety; imminent danger; fire, flood, or other hazard or emergency;

• Unlawful discharge of a firearm; reckless display of a gun or other dangerous weapon.

Criminal Defense for Gilbert AZ Disorderly Conduct Charges

Good criminal attorneys who defend criminal charges in Gilbert AZ challenge disorderly conduct charges frequently. They often can get them dismissed due to their subjective nature of disorderly conduct charges. Depending on the circumstances, many effective defenses can be used by good criminal defense lawyers to challenge unjust disorderly conduct charges. You should contact a criminal lawyer who defends disorderly conduct charges in Gilbert before pleading guilty to these charges. They will discuss your charges and provide you with your defense options.

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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

Tempe Disorderly Conduct Charges “Disorderly conduct charges”, also called “disturbing the peace” are common in Tempe. But frequency makes them no less serious. An experienced Tempe criminal attorney will tell you they should be taken seriously due to their consequences if convicted.

Arizona Disorderly Conduct Penalties Circumstances surrounding the charges dictate if the disorderly conduct charges will be brought as a felony or misdemeanor. Disorderly conduct charges are usually brought as Class 1 Misdemeanors. This is the highest level of Arizona Misdemeanors. Class 1 Misdemeanors convictions carry a maximum sentence of 6 months in jail or prison and up to $2500.00 fines.

Disorderly Conduct charges in Tempe AZ bought as Class 6 Felonies are charged if the disorderly conduct involves a firearm. Disorderly Conduct Felony Charges carry maximum penalties of one year in prison, along with fines, fees, a long term felony criminal record; and anything else the court deems necessary.

Disorderly Conduct Laws in Tempe AZ Arizona Disorderly Conduct Laws are outlined under ARS 13-2904 Arizona Criminal Code, Title 13. For the readers convenience below is the law paraphrased, and explained for discussion: A person can be charged with the crime of disorderly conduct under the following circumstances: 1) “with intent” of disturbing another person (s) peace or disruption of their business: or 2) ” with knowledge” of doing so, that person engages in one or more of the following:

• Fights, altercation. or other disruptive behavior;

• Unreasonably loud or disruptive noise or music;

• Offensive or abusive language or gestures which provoke another person immediately retaliate;

• Disruption or commotion lasting for an extended period of time or any physical or verbal disturbing display with the intent to prevent or distract a lawful gathering, or meeting;

• Failure to obey or adhere to a lawful or civil order to leave a premises or area issued for purposes of public safety risk of danger or peril such as fire; or other imminent hazard or emergency;

• Reckless display or discharge of a firearm, or other deadly weapon. Defenses for Tempe AZ Disorderly Conduct Charges Experienced Tempe criminal defense firms often challenge disorderly conduct charges due to their subjectivity. Their legal arguments often result in dismissal of the charges. There are many defenses that can be used to combat unjust disorderly conduct charges. Depending on the circumstances one or more of the following defenses categories may be used (Defense list not all inclusive):

• “Justification” Defenses; Self-defense; the accused was protecting a defenseless person being attacked; the accused’s conduct was an immediate reaction to being provoked, or threatened;

• “Affirmative” Defenses; A fact that prevents the prosecution from being able to prosecute the charge: Charges being brought in the wrong jurisdiction; charges were not brought within the state’s time limit for certain criminal offenses; the accused was mentally ill, and did not “intend” to cause the disruption;

• “Reasonable Doubt” Defenses; Credible and trust worthy eye witnesses have conflicting accounts of the event from the Police officer’s account; the prosecution is unable to prove beyond a “reasonable doubt” that a crime was committed by the accused; or there is no evidence, no witnesses, or no complaints made of a disturbance caused by the accused;

• “Violation of Constitutional Rights” Defenses; Right to free speech, no abusive or offensive language was used; right to assemble lawfully and peacefully; freedom to practice faith or religion without disturbance.

Why Police Make Arrests for Disorderly Conduct in Tempe

Those charged or arrested are often confused as to why they were arrested for disorderly conduct. In most cases, it has less to do with what they did, and more to do with what the police could not do. Most Tempe criminal defense attorneys agree that it is an overused charged. The police generally use it as a “catch-all” of charges, when they don’t know what else to charge someone with, but want to make an arrest. Charges sometimes follow a warning by police, but a warning by police is not required.

The most common reasons charges or arrests for disorderly conduct is Tempe is for the following reasons: 1) Police are fed-up or annoyed with you; 2) Police have no other appropriate charge to use; 3) Police feel compelled to make an arrest or charge because complaints continue despite warnings; and/or the police have to return to the scene more than once; 4) Police felt that you disrespected them or that you were not being cooperative; 5) Police believed your actions were deliberate, and intended.

Always consult an experienced criminal lawyer to defend your Tempe disorderly conduct charges. Just because you were charged with disorderly conduct does not mean the arrest was lawful.

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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