Phoenix DUI Lawyer Blog

15 Defenses That Can be Used to Beat Your Disorderly Conduct Charges

It is important to contact a Phoenix Disorderly Conduct defense attorney if you face Phoenix Disorderly Conduct, or an Arizona Criminal Attorney who frequently defends
Phoenix Disorderly Conduct Charges.

"Disorderly conduct" is also known as "disturbing the peace" and is a very common Phoenix Arizona criminal charge in Phoenix. Police sometimes overuse it. Often it is used as a "catch all" charge. Generally, it is used if the police officer can not find a more appropriate charge for what they feel has been annoying or disruptive behavior. It is a very subjective charge so it can be fundamentally challenged by a good Criminal Defense Attorney who practices in Phoenix, Arizona.

Many different circumstances can warrant the police to issue disorderly conduct charges for what Arizona sees as a crime committed under the following circumstances (this list is not exhaustive):
• Engaging in physical violence
• Offensive speech to other person (s)
• Playing music too loud a party
• Disruptive or loud celebrations
• Engaging in a fight or combative activity with another
• Making any other type of "unreasonable" noise which disturbs others
• Making disturbance by shouting or use of profanity in public
• Provoking another person into an altercation
• Behavior that disrupts or interferes with a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by civil authorities such firefighters or other emergency crews.
• Recklessly displaying or waving a firearm, which frightens others.
• Being disrespectful, or disobedient to a Police Officer, or other law enforcement.

The formal description of Disorderly Conduct is found in "Arizona Criminal Code "A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. If the Phoenix Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. Felony disorderly conduct carry maximum sentencing penalties that include, one year in prison, and a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

What a Phoenix Disorderly Conduct Attorney can do for You.
A good Phoenix Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecution head on. The police and prosecution have the burden of proving that the charges were well founded and justified. Your Phoenix Criminal Defense Attorney will make sure your constitutional rights were not violated during the events, arrest and thereafter. They will evaluate probable cause, justifiability of your actions, and formulate a defense based on these factors. Here are 15 defenses that can be used to beat your Phoenix Disorderly Conduct charges. This list is not exhaustive:

1) You were protecting a loved one
2) You were not the one causing the disturbance
3) There were no other witnesses, no evidence, no proof, no reports by the public of disturbing behavior on your part
4) The police officer's behavior was provocative, threatening, or intimidating
5) The police were mistreating you or a loved one and you acted appropriately and not disrespectful according to witnesses, video, or voice recording
6) Police brutality against you
7) The police officer simply did not like you, or the way you responded, and had nothing else to charge you with
8) Your responses were constitutionally protected in the right to "free speech". You were not using so called "fighting words" that would provoke physical retaliation, nor was your tone inappropriate.
9) The police accused you of having "an attitude" against him. However, the police will be forced to testify that he or she is not familiar with your normal personality characteristics and your typical facial expressions, sound of your voice, or attitude in a perfectly normal situation.
10) Your actions were in self-defense
11) Your Constitutional Rights were violated.
12) Objective and credible witness statements contradict what the police accused you of saying or doing, and there is not other evidence to dispute the witness statements.
13) The police officer has a history of disciplinary actions due to abusive or bullying behavior. In contrast, you have no criminal records, no history of being in trouble, or being disrespectful in public, and no cause or evidence exists of such.
14) You were reported as being in a physical fight with another person, but witnesses testify that the other party started a fight, that you did not provoke in any way. Further, you had no alternative but to protect yourself, and subdue the offensive.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S.
13-2904. Disorderly conduct; classification"

If you face disorderly conduct charges in Phoenix Arizona, it is best that you contact an experienced Phoenix criminal attorney or Phoenix Disorderly Conduct Attorney. Too much is on the line. An experienced disorderly conduct attorney or good Phoenix criminal attorney often can get these cases completely dismissed, given the subjective nature of disorderly conduct charges.

If you have been charged with any Phoenix Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Defending Gilbert Marijuana Possession

If you face Marijuana possession charges, you should contact a Marijuana Lawyer who defends Gilbert Marijuana charges or defends Marijuana charges in Gilbert, Arizona as soon as possible. Marijuana Possession, as simple as it may seem, is serious in the eyes of the Arizona prosecution.

Penalties for possession Marijuana in Arizona will depend on the amount that was found in your possession. Other factors include intended purpose for which you possessed it, and if the crime was a repeat offense.

In general, sentencing for charges of possession of Marijuana charges in Gilbert are
outlined below:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you face possession charges, in absence of intent to sell or other purpose besides simple use, you may be eligible for deferred prosecution. This means you may qualify
for what is better known as a "second chance" from the court. It requires that you complete a probationary period. If the probationary period, and all other orders by the court are satisfied successfully, the case may be dismissed. But if the probationary period and any other court orders are violated, you could face original potential sentence by the prosecution for the crime.

A good Gilbert Marijuana Lawyer or drug charges Attorney who frequently defends drug charges in Gilbert should do everything possible to get the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.
If you have been charged with any Gilbert Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Gilbert, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "GILBERT MARIJUANA LAWYER" »

15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers
An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges. This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S.
13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

If you have been charged with any Gilbert Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Gilbert Disorderly Conduct " »

Arizona Criminal Defense, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact an Arizona Domestic Violence Attorney first."

Like many crimes, Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence crimes occur daily, in almost every neighborhood, in every city in Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Arizona domestic violence charges, you should contact an Arizona criminal attorney as immediately. The mistake many people make, after receiving Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult an Arizona Domestic Violence Attorney first. In addition, it makes no difference if the victim decides to drop the charges. After charges or an arrest has been made, only the State of Arizona's prosecution can drop or dismiss the charges. The victim or accuser can not simply withdraw their charges. That's the law. After being called to the scene they conduct their own investigation, and chose an action. Once they make the decision to charge or arrest you with a crime, you will need to fight it through the justice system. Anything else you say or do can be held against you or make matters worse.

Arizona domestic violence laws are outlined in A.R.S. Criminal Code 13 and cover a variety of crimes. Arizona defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice

A. "Domestic violence" means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:..."

Domestic violence laws apply to spousal abuse, former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Arizona treats domestic violence charges very seriously. To you, what may seem minor in nature, may be more serious than you realize and the punishments harsh if convicted. If you have been accused of an Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

Arizona crimes covered under Domestic Violence offenses

Criminal offenses under the Arizona's domestic violence laws include:
• Assault - A.R.S. §13-1203
• Aggravated assault - A.R.S. §13-1204
• Child abuse - A.R.S. §13-3623
• Custodial interference - A.R.S. §13-1302
• Criminal damage - A.R.S. 13-1602
• Dangerous crimes against children - A.R.S. §13-705
• Disorderly conduct - A.R.S. §13-2904
• Elderly abuse - A.R.S. §13-3623
• Endangerment - A.R.S. §13-1201
• False imprisonment - A.R.S. §13-1303
• Harassment - A.R.S. §13-2921
• Harassment (telephonic) - A.R.S. §13-2916
• Kidnapping - A.R.S. §13-1304
• Order of protection violations - A.R.S. §13-2810
• Restraining order violations - A.R.S. §13-2810
• Stalking - A.R.S. §13-2923
• Surreptitious photographing - A.R.S. §13-3019
• Threatening and intimidation - A.R.S. §13-1202
• Trespass - A.R.S. §13-1502-04

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, fees, fines, restitution, restraining orders, probation, counseling, and in the most serious cases long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are charged as felonies. If that is the case you could serve a lengthy incarceration in state prison. If the domestic violence crimes are charged as an Arizona misdemeanor, the punishment should not exceed 6 months in county jail. In Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court will prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred, in which many cases that happens to be your home. So on top of everything else, you won't be able to return home, without a police escort, or not at all, for certain on indefinite amount of time.

What an Arizona Domestic Violence Attorney Can do for You
You will need an experienced Arizona Domestic Violence attorney or Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed , evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Arizona domestic violence attorney.

If you have been charged with any Arizona Domestic Violence, domestic violence Assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Arizona Domestic Violence Lawyer " »

Phoenix Marijuana Possession

In order to fight your Marijuana possession charges, you should contact a Marijuana Lawyer who defends Phoenix Marijuana charges or frequently defends drug charges in Phoenix. Arizona Marijuana Possession crimes are the most common of all Arizona drug offenses.

The Penalties for Possession of Marijuana in Arizona depending mostly on how much of the substance is found in your possession by law enforcement officials and your intended purpose of having it.

Penalties for simple Possession of Marijuana in Phoenix:
• Under 2 lb is charged as a Class 6 felony;
• 2-4 lbs is charged as a Class 5 felony;
• 4 lbs. and over is charged as a Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana offense charges, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If your charges were for possession only without the intention of selling, you may be eligible for deferred prosecution sentencing. This means you may be eligible for a second chance, so to speak, by the court. It involves a probationary time frame. If the probationary term and any other orders deemed by the court are fulfilled successfully, your charges may be dismissed. But if the probationary period and related orders are violated, you could be subject to the original potential sentencing for the offense. An experienced Marijuana Lawyer will do everything possible to obtain the deferred prosecution and dismissal of the charges.

Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have been possible without one.

A good Marijuana Lawyer in Arizona will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway from the pre-charge or pre-arrest stage to the present. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you.

If you have been charged with any Phoenix Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Phoenix, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "PHOENIX MARIJUANA LAWYER" »

15 Defenses Good Scottsdale Disorderly Conduct Attorneys Use to Challenge Them

"Experienced Arizona Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with Disorderly Conduct in Scottsdale, you should consult a Scottsdale Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Scottsdale, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply just annoyed with you and want to charge you with something, anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjectivity of disorderly conduct charges, they can be easily challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Scottsdale, Arizona on a regular basis.

Some offenses which result in disorderly conduct in Arizona can include such behaviors as follows: Speech that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, disrespectfulness or disobedience toward a police officer.

Disorderly Conduct falls under Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification..."

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Scottsdale Disorderly Conduct Defenses
An experienced Scottsdale Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Scottsdale Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that an experienced Scottsdale Disorderly Conduct Attorney may use to defend your case:

1) You were attempting protect someone who could not protect themselves
2) You were the wrong person charged (this often applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) No witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You acted under threat, provocation or intimidation.
5) The Necessity Defense
6) Police Brutality
7) No other justifiable reason for charges, other than the police officer was annoyed with you.
8) You were exercising your right to "free speech" under the Constitution in an approved location, in an appropriate, orderly and peaceful fashion.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Actions were in self - or in defense, defense of home, property, or family
11) Other Violations of Your Constitutional Rights.
12) Objective witness statements overwhelmingly contradict the police officers statements
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the altercation
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact an Arizona disorderly conduct attorney who practices in Scottsdale, Arizona, if you face charges. Experienced Criminal Defense Attorneys can often get these cases dismissed".

If you have been charged with any Scottsdale Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Scottsdale Disorderly Conduct " »

Phoenix Arizona Criminal Defenses, Laws and Penalties

"Never try to resolve the Domestic Violence charges your own... Any contact with the victim could result in additional charges. Contact a Phoenix AZ Domestic Violence Attorney first."

Like many crimes, Phoenix Arizona is tough on domestic violence. Many think of domestic violence charges as something that "only happens to someone else". But the fact is that domestic violence crimes occur daily, in almost every neighborhood, in every city in Phoenix Arizona, to people all around you. They just don't generally talk about it. For some, it happens when they least expect. If you receive Phoenix Arizona domestic violence charges, you should contact a Phoenix criminal attorney as soon as possible. The mistake many people make, after receiving Phoenix Arizona domestic violence charges is that they try to resolve it own their own. Never try to resolve the Domestic Violence charges your own. Any contact with the victim could result in additional charges. Consult a Phoenix AZ Domestic Violence Attorney first.

A victim is prohibited from simply "dropping the charges" after the fact. Once charges have been cited or an arrest made, the State of Arizona takes over. Only the State's Prosecution or Court can drop, dismiss or acquit the charges. After you have been arrested, you are forced to fight it through the justice system. Anything else you say or do to the victim or police can be held against you or make matters worse. Especially in situations where police have been called to a scene or residence on more than one occasion, they feel they need to arrest "someone". If they can not decide which party to charge or arrest, they will sometimes just arrest both parties involved in a dispute, thus forcing both parties to defend their actions through the legal system.

Phoenix Arizona domestic violence laws fall under Arizona State Law A.R.S. Criminal Code 13. Domestic Violence law encompasses a long list of crimes. Arizona Law defines domestic violence specifically within the following references:

"A.R.S. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice..."

Some think of "domestic violence" as a disruptive dispute between spouses only. But in reality domestic violence laws apply to and domestic relationship abuse, and can include former spouses, partners, former partners, friends, acquaintances, any family members, children, elderly persons living with you, persons you are dating, persons with whom you have a child, and children and the list can go on. Any situation can bear its own unique set of circumstances or domestic relationship. Domestic Violence crimes include any physical abuse, sexual abuse, mental abuse, harassment, custodial interference, fear or threat of violence, assault, and homicide.

Phoenix Arizona treats domestic violence charges very seriously. What may have started out as something minor in nature, may have become serious than you realized, and someone was hurt. If convicted of Arizona Domestic Violence, the penalties are harsh. If you have been accused of a Phoenix Arizona domestic violence crime it is important that you consult a Criminal Attorney experienced in defending domestic violence charges.

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If your receive a conviction of domestic violence in Phoenix Arizona, the state may revoke or limit child visitation rights, right to bear arms, and impose punishments of jail sentences, fees, fines, restitution, restraining orders, probation, counseling, a criminal record, and in some serious cases, long term or life prison sentences.

Domestic violence cases involving weapons or bodily injury to the victim are considered felonies by law. These convictions usually result in lengthy state prison sentences. If the domestic violence crimes are charged as a Phoenix misdemeanor, it is still a crime. But the penalties should not exceed 6 months in county jail. A conviction still results in a criminal record, fines, fees restitution, counseling, probation, and restraining orders and other punishments. Usually the main difference is the amount of fines and fees and the length of incarceration time. In Phoenix Arizona, the domestic violence laws also require the defendant complete Domestic Violence Counseling Treatment program, such as Anger Management classes or therapy. In many cases, the court prohibits the defendant from having any contact with the victim or returning to the location where the alleged offense occurred; in most cases that is where you normally live. So on top of everything else, you won't be able to return home; not without a police escort, or at all, for certain on indefinite amount of time.

Defenses that can be used in a Chandler Domestic Violence Case
Some defenses that can be used include but are not limited to the following:
• The actions were the result of self-defense
• The altercation was mutual
• No evidence exists
• No evidence of physical injury or harm to the victim exists
• No witnesses
• Credibility of the victim's character
• The facts prove the claims are unjust and unfounded
• State of mind of both the accuser/victim
• The defendant was not the person who committed the crime
• The defendant reacting to a threat or imminent physical danger
• The incident arose completely out of accidental nature
• The defendant was severely intimidated or provoked by the accuser
• The accuser's motives in making unfounded claims were questionable
• Necessity Defense
• The defendant stepped in to avoid harm, or imminent danger to a child or other defenseless person by the victim at the time
• Accuser under the influence of alcohol or drugs, causing their recollection or testimony to be incorrect
• In absence physical evidence, injury, weapons, or witnesses: the accuser refuses to testify; changes their story in deposition or in court; or has no recollection of events.

WHAT A PHOENIX DOMESTIC VIOLENCE ATTORNEY CAN DO
You will need an experienced Phoenix Arizona Domestic Violence attorney or Phoenix Arizona Criminal Defense Attorney who is well versed at defending domestic violence cases. They will gather and examine all the evidence available and build a defense based on your unique set of circumstances. Once the police have charged you or arrested you, they are not likely to change their mind, based on what you have to say. Your Phoenix Arizona Criminal Defense Attorney will be your voice, They will draw from their education, training, experience, litigation, case laws, Phoenix Arizona laws, and aggressively challenge any charges that are unjustified, defend your constitutional rights, and make every effort to get your case dismissed, evidence suppressed or charges reduced for the best possible outcome in your case. That is the job of your Phoenix Arizona domestic violence attorney.

Defend Your Scottsdale Marijuana
Possession Charges

In order to fight your Marijuana possession charges, you should contact a Marijuana Lawyer who defends Scottsdale Marijuana charges or frequently defends drug charges in Scottsdale, Arizona. Marijuana Possession offenses are the most common of drug charges seen in Arizona drug.

Penalties for possession Marijuana in Arizona depend on how much of it was found in your possession, as well as its intended purpose (use v. sale).

Certain amounts penalties will usually apply as follows for Possession of Marijuana in Scottsdale:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana offense charges, and penalties are outlined under Arizona Statutes Criminal Code 13 - Specifically, A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you face charges simple possession, with no intent to sell, you may be eligible for deferred prosecution. This means you may be eligible for what is known as a "second chance" by the court. It involves a probationary period. If the probationary time frame and any other orders from the court are satisfied successfully, your charges may be dismissed. But if the probationary period and any other court orders are violated, you could be subject to the original sentencing for the crime.

An experienced Scottsdale Marijuana Lawyer or Attorney who frequently defends drug charges in Scottsdale will do everything possible, get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.

If you have been charged with any Scottsdale Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Scottsdale, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499.

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Scottsdale Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. A Scottsdale Assault Defense Attorney will tell Your Side of the Story."

In Scottsdale, Arizona there are two classes of assaults-a "misdemeanor assault" and "felony aggravated assault". Each possesses a range of sentencing and penalties based on the circumstances of the charges. Scottsdale Arizona, views both of them as serious crimes. The Scottsdale Assault laws, and punishments are dictated by the assault laws of Arizona Criminal code A.R.S. 13-1203 - misdemeanor assault, and Arizona Criminal code A.R.S. 13-1204 felony aggravated assault.

If you were charged with an Assault of any kind in Scottsdale, AZ, you ill face harsh penalties if convicted. You should contact Scottsdale criminal defense or an assault Attorney who defends clients frequently in Scottsdale Courts. A Free Consultation from a Scottsdale Assault Lawyer is easy to find and very important. The following is short summary of the two assault types:

Scottsdale, Arizona Misdemeanor - Assault:
Misdemeanor Assaults are charged in Scottsdale when a defendant's actions caused a person bodily harm or fear of bodily harm; physical contact with another individual with the intent to cause bodily injury, or actually causing physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical danger and injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted, of a Scottsdale misdemeanor assault, sentences and penalties can include up to one year in prison, fines up to $2,500, fees and restitution to the victim or the victim's family.

Scottsdale, Arizona Felony- Aggravated Assault:
An Aggravated assault in Scottsdale, Arizona is a Felony. These are far more serious charges than misdemeanor assaults, and consequently penalties are extremely serious. Certain additional circumstances if presented, will elevate a misdemeanor assault up to a felony aggravated assault. Just some of those factors include but are not limited to the following: "serious physical injury" to another person, that creates a reasonable risk of death; use of a deadly weapon; if an assault is committed while the victim is restrained and not able to resist; if the assault causes substantial, temporary or permanent disfigurement; if the person commits the assault while violating a valid order of protection (restraining order); if the person attempts to gains control of a law enforcement officer's firearm or weapon; if the assault is against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; if the person is eighteen years of age or older and the victim is fifteen years of age or younger. The penalties if convicted include among other serve punishment fees, and fines, restitution to the victim, lengthy prison sentences, long term felony criminal records that will following you adversely for the rest of your life.

Scottsdale Assault and Aggravated Assault Defenses:
Your Scottsdale criminal defense attorney will work with you to gain evidence, and build an effective defense. It is essential that you provide whatever details or information your attorney requests, in an effort to build the best defense case possible for your assault charges. The Attorney will then gather, evaluate, build and mount what they feel will bring you the most successful outcome in your case. Assault defenses can be complex. Your criminal defense attorney will draw from their extensive training, education, prior defense cases, litigation experiences, and case law that may exist and apply to your unique set of circumstances.

Here is a sample list defenses an experienced Scottsdale Criminal Defense Attorney might consider using depending on the charges and circumstances of the case
• You Feared for your life.
• Your actions were in self defense
• Your actions were in response to what you perceived was life threatening
• Circumstances surrounding State of Mind of both you and the victim
• Necessity Defense
• Lack of adequate evidence
• No witnesses
• No weapon used or found or proved to be used
• Other persons were involved in the altercation
• The assailant who hurt the victim was not you
• Questionable testimony by the victim - history of false allegations by the victim
• Your Constitutional Rights were violated during pre-indictment investigation, search, seizure or arrest.
• You were provoked or intimidation by the victim
• The situation was an accident, completing occurring outside your control
• The situation was unforeseen, or unexpected situation
• Proof that your prudently and actively did everything possible to help avoid threat, injury, or harm to the victim

There are two sides to every story. A Scottsdale assault lawyer will tell your side of the story. An experienced Assault Defense Lawyer understands your story is important, from your point of view. The attorney's job is to find out what defenses can be used based on your unique set of circumstances; protect your rights, freedom, and future; and in every case do what ever is needed to attempt to get the charges dismissed or in the alternative charges reduced, evidence suppressed, to get the best possible outcome for you.

If you have been charged with any Scottsdale assault, aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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15 Defenses

How to Beat Your Gilbert Disorderly Conduct Charges

If you face Gilbert Disorderly Conduct charges you should contact a Gilbert Disorderly Conduct attorney or Arizona Criminal Defense Attorney who frequently defends clients against Gilbert Disorderly Conduct Charges.

"Disorderly conduct" also known as "disturbing the peace" is a Gilbert Arizona criminal charge. Many Arizona Criminal Attorneys feel it is an abused or overused charge. Police often used as a "catch all" charge, generally, if they can't find a specific offense to charge you with, or if they are annoyed with you for some reason. It is also commonly issued in conjunction with other charges such as assault, DUI, domestic violence, endangerment, many other offenses. Because it is a charge that is subjective in nature, it can fundamentally be challenged by a good Criminal Defense Attorney who defends charges in Gilbert Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following:

• Speech that others consider offensive
• Loud Music
• Disruptive parties or celebrations
• Physical violence or assault
• Fighting or combat with another person
• Other "unreasonable noise disturbing others
• Shouting or using profanity in public
• Provoking an altercation
• Behavior interferes or disrupts a business or it's customers
• Refusal to depart from a scene or location, where you were asked to leave by an officials such as firefighters, police, or emergency crews
• Recklessly displaying or waving a firearm
• Disrespectful, or disobedient to a Police Officer, or other Law enforcement official.

The formal description of Disorderly Conduct is found in Arizona Criminal Code 13 A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the Gilbert Disorderly conduct charges involve firearm, they will be charges as a class 6 felony charges. If the disorderly conduct offense is charged as a felony, it carries maximum penalties that include one year in prison, a felony criminal record, counseling, loss of right to bear firearms, probation, and other fees. The severity of the penalty depends on the circumstances of situation, whether or not a weapon was involved, if it was a repeat offense, and other factors.

Gilbert Disorderly Conduct Defenses used by Criminal Defense Lawyers

An experienced Gilbert Disorderly Conduct Attorney with gather, and examine all evidence. They will build and mount the best defense case that will challenge the prosecutions case against you. The State and Prosecution bear the burden of proof that your charges were justified and a crimes was committed. Your Gilbert Criminal Defense Attorney will determine if your constitutional rights were violated, evaluate for probable cause, and the justifiability of your actions. Your Gilbert criminal defense attorney will a defense your case based on these factors.

Here are 15 defenses that can be used to beat Gilbert Disorderly Conduct charges.

This list is not exhaustive:
1) Protecting someone
2) Wrong person charged for the disturbance
3) No witnesses, evidence, proof, no video, no recording, no other reports from the public regarding disorderly behavior on your part.
4) You felt provoked, threatened or intimidated
5) Your actions were necessary and appropriate for the circumstances
6) Police brutality
7) The police officer simply did not like you, or overreacted with no other charges
8) Your responses were constitutionally protected in the right to "free speech". You were not using so inappropriate language, provocation, voice tone, or threats of physical violence or retaliation.
9) The police accused you of having "an attitude". However, the officer, was not familiar with your typical attitude, or behavior under normal circumstances.
10) Self-defense (home, property, family or self)
11) Violation of Your Constitutional Rights.
12) Objective and credible witness statements contradict the police officers statements in absence of evidence.
13) The police officer's personnel record and disciplinary history and actions in similar circumstances.
14) Another entity started an unprovoked fight against you
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Gilbert Arizona, if you face such charges. An experienced disorderly conduct attorney or good Gilbert criminal attorney often can get these cases dismissed, given the subjective nature of the charges.

If you have been charged with any Gilbert Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Gilbert Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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15 Defenses to Use in Mesa

How to Beat Your Mesa Disorderly Conduct Charges

If you have been charged with Disorderly Conduct in Mesa, you should consult a Mesa Disorderly Conduct attorney or Criminal Defense Attorney who frequently defends clients against Mesa Disorderly Conduct Charges.

Many people use terms "Disorderly conduct" interchangeably with the terms "disturbing the peace". Many, including Mesa Criminal Attorneys feel it is an overused citation or reason for arrest. Police often overuse it as a "catch all" charge, especially if they don't have any other offense for which to charge you. Sometimes they simply issue it because they are annoyed with you. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. It is a very subjective charge. Therefore, it can fundamentally be challenged by an experienced Criminal Defense Attorney who defends disorderly conduct charges in Mesa, Arizona on a regular basis.

Some actions that may cause the police to charge you with disorderly conduct in Arizona can include but is not limited to the following: speech that others consider offensive, loud music, disruptive parties, assault, mutual combat, shouting, use of profanity in public, provocation, disturbance of business operations or it's customers, refusal to depart from a scene or location when asked, waving a firearm, disrespectfulness or disobedient to a law enforcement official, or any other claimed public disturbance or disruptive behavior.

Disorderly Conduct is described in detail in Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification"

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felony. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Mesa Disorderly Conduct Defenses used by Criminal Defense Lawyers
An experienced Mesa Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Mesa Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.

Here are at least 15 defenses that experienced Mesa Disorderly Conduct Attorneys might use in your case:

1) You were trying to protect someone unable t protect themselves
2) You were not the correct person charged for the disturbance (this often times applies when groups of people or multiple persons are involved in civil assemblies that turn violent)
3) Lack of witnesses, video, audio, or other evidence to prove you displayed disorderly conduct.
4) You felt threatened, intimidated or provoked
5) Your actions were out of necessity and were appropriate based on the circumstances
6) Police use of brutality or unnecessary force
7) The police officer was just annoyed with you, and had no other justification of charges
8) Your right to "free speech" is protected by the Constitution. You were not using inappropriate language, threats, tone, or profanity
9) The police accused you of having "an attitude". However, the officer was not familiar with your typical attitude, personality, facial expression, voice, tone, or behavior that are normal physical characteristics.
10) Actions were in self - or in defense, defense of home, property, or family
11) Other Violations of Your Constitutional Rights.
12) Objective witness statements overwhelmingly contradict the police officers statements
13) The police officer has a history of disciplinary actions in similar circumstances.
14) Someone else started the fight.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact a disorderly conduct attorney who practices in Mesa Arizona, if you face disorderly conduct charges. An experienced disorderly conduct attorney or good Mesa criminal attorneys often can get these cases dismissed.

If you have been charged with any Mesa Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa,Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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How a Chandler Criminal Defense Attorney Can Fight Your Marijuana Sales Charges

If you face Chandler Marijuana (Pot) sales charges, you should contact a Chandler Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Chandler, Arizona on a regular basis. If convicted, you will face serious penalties. Chandler Marijuana sales charges fall within the State of Arizona Criminal Code 13 guidelines for Marijuana sales, Marijuana trafficking and Marijuana Production:

Sale of Marijuana
• Under 2 lbs.: Class 4 felony;
• between 2-4 lbs.: Class 3 felony;
• over 4 lbs.: Class 2 felony: fine of the greater of $750 or 3 times value of substance;
• Sale within drug-free school zone: add 1 yr. to sentence and fine of $2000

Trafficking/Producing Marijuana
• less than 2 lbs.: Class 5 felony;
• between 2-4 lbs.: Class 4 felony;
• Over 4 lbs.: Class 3 felony;
• Transporting/importing: less than 2 lbs.: Class 3 felony; Over 2 lbs.: Class 2 felony

Arizona Criminal Code 13 describes in detail Marijuana laws under "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Chandler Marijuana drug sales sentencing and convictions depend on many factors. Some of the factors that will be considered include the following:

• Amount of Marijuana found in your possession for sale
• Prior criminal record
• Prior Marijuana convictions
• The strength of the prosecution's case and evidence against you

The most serious Chandler Marijuana charges fall within production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with "intent" to sell or distribute is a punishable offense. The State of Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is true, whether or not you did in fact or did not actually distribute or sell the Marijuana. Chandler Marijuana sales, production, or distribution, convictions carry mandatory jail time or prison sentences depending on the circumstances of your case. If you are convicted of Felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, fees, jail, prison, and other harsh punishments.

What an Experienced Chandler Marijuana Defense Lawyer Can Do
You should contact an experienced Arizona Drug Defense Attorney or Marijuana lawyer or Arizona criminal defense attorney who defends Marijuana sales charges in Chandler Arizona frequently. A good Chandler Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecution's case against you. A private Chandler criminal defense attorney will make sure your constitutional rights have not been violated. Violations of constitutional rights are common in drug sales cases, particularly in the pre-investigation state of search and seizure of the Marijuana by police. If your rights have been violated, the case may be dismissed or evidence suppressed. A Chandler criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event. A good criminal defense attorney who handles Chandler drug sales cases regularly will understand the laws surrounding your offense; case law that may exist to support a favor verdict for your case; the appropriate defenses that can be used to defend your case; and familiarity with the courts system, judges and prosecution. Your Mesa criminal defense attorney will use of these factors to your advantage in an effort to attempt to get your charges dismissed, evidence suppressed, or a reduction in charges and sentencing. Hiring a criminal attorney who defends drug cases in Chandler will significantly increase your chances of securing a good outcome in your Marijuana Drug defense case.

If you have been charged with any Chandler Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Arizona DUI, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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15 Defenses

"Experienced Chandler Criminal Attorneys can often get these cases dismissed"

If you have been charged with Disorderly Conduct in Chandler, you should consult a Chandler Disorderly Conduct attorney or an Arizona Criminal Lawyer who frequently defends clients against Disorderly Conduct Charges in Chandler, Arizona.

The terms "Disorderly conduct" are often used interchangeably with "disturbing the peace". Criminal Attorneys feel Disorderly Conduct Charges are overused citations. Often times, police use them as "catch all" charges, especially if they don't have anything else to charge you for. Sometimes they are simply just annoyed with you and want to charge you with something, anything. It is common to see it charged in conjunction with other offenses for example, DUI, domestic violence, or assault. Because of the subjectivity of disorderly conduct charges, they can fundamentally be challenged by an experienced Criminal Defense Attorney who often defends disorderly conduct charges in Chandler, Arizona. .

Some situations which can cause police to charge you with disorderly conduct in Arizona can include the following: use of speech or profanity that others consider offensive, loud music, disruptive parties, assault, fighting, shouting, use of profanity in public, provocation, disturbing the peace in a business or the peace of its customers, refusing to leave a location when asked by an owner, manager, or police, waving or endangering display of a firearm, disrespectfulness or disobedience toward a police officer.

Disorderly Conduct falls under Arizona Criminal Code 13, "A.R.S. 13-2904. Disorderly conduct; classification..."

Disorderly Conduct charges can be charges as class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry upwards of 6 months in prison and fines of $2,500. If the charges involve a firearm, they will be charged as a class 6 felonies. A felony disorderly conduct charge carries maximum penalties that include one year in prison, a felony criminal record, loss of right to bear firearms, probation, and other penalties ordered by the court. The severity of the punishments depend upon the circumstances, and whether or not a weapon was involved, or if it was a repeat offense.

Chandler Disorderly Conduct Defenses
An experienced Chandler Disorderly Conduct Attorney will gather, and examine all evidence; and build the best defense based on the unique circumstances of your case. The State of Arizona and Prosecution bear the burden of proving disorderly conduct charges were justified. Your Chandler Criminal Lawyer will determine if your constitutional rights were violated, evaluate for probable cause, justifiability of your actions, and through the proper legal channels present your side of the story.
Here are at least 15 defenses that a good Chandler Disorderly Conduct Attorney might use in your defense:

1) You were protecting someone
2) You were the wrong person charged
3) No witnesses, video, audio, no evidence of disorderly conduct exists
4) You acted under threat, provocation or intimidation.
5) Necessity
6) Police Brutality
7) Police were simply annoyed with you.
8) You were exercising your right to "free speech" under the Constitution, while in an appropriate location. You were expressing yourself timely, orderly and peacefully.
9) The police accused you of having "an attitude", with no proof or other justification. Were the police aware that you may suffer from a physical or mental disability, illness or syndrome that was mistaken for a "bad attitude"?
10) Your Actions were in self defense or defense of home, property, or family
11) The police violated other Constitutional Rights not mentioned
12) Credible witness statements overwhelmingly differed from the police officers statement of facts
13) The police officer possessed a Personnel History of disciplinary actions due to bullying behavior, or use adverse behaviors against those apprehended in the past.
14) Someone else started the fight.
15) Your actions were not committed "with intent to disturb the peace or quiet of a neighborhood, family or person or with knowledge of doing so..." as required by A.R.S. 13-2904. Disorderly conduct; classification"

It is important to contact an Arizona disorderly conduct attorney who practices in Chandler, Arizona, if you face charges. Experienced Chandler Criminal Attorneys can often get these cases dismissed.

If you have been charged with any Chandler Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Chandler, Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Get your Mesa Marijuana Charges Dismissed!

If you have been charged with Marijuana possession in Mesa, Arizona, you should contact a Marijuana Lawyer or a Drug Charges Attorney who defends Marijuana charges in Mesa, Arizona to fight your charges. The fact that it is the most common of all Arizona drug charges does not make the penalties less severe. However, your Mesa Drug charges attorney may be able to get your Marijuana charges dismissed.

Penalties for possession Marijuana in Arizona depend on the amount the police found to be in your possession. Other factors are also considered and include such things as why you had it in your possession, prior criminal record, and whether or not it was a repeat
offense.

General sentencing guidelines for possession of Marijuana charges in Mesa are
as follows:

• Under 2 lbs: Class 6 felony;
• Between 2 and 4 lbs: Class 5 felony;
• 4 lbs. and greater: Class 4 felony; fine of not less than $750 or 3 times the value of the controlled substance, whichever is greater.

Marijuana classifications and penalties are strictly described under Criminal Code 13 - A.R.S. "13-3405. Possession, use, production, sale or transportation of marijuana; classification..."

If you have been charged with possession of Marijuana, in absence of intent to sell or other purpose besides simple use, you may be eligible for deferred prosecution. This means you may qualify for a "second chance" by the court and prosecution. It requires completion of a probationary period. If the probation and any other orders from the court are satisfied without incident, your case may be dismissed. But if the probationary period or other court orders were violated, you could face original potential sentencing by the prosecution for the crime.

An experienced Mesa Marijuana Lawyer or Mesa drug charges defense Attorney should do everything possible to get you the deferred prosecution, dismissal of the charges, reduction to lesser charges or otherwise best possible outcome in your case.

A good Marijuana Lawyer in Arizona will gather and examine all evidence available. They will build a strong defense on your behalf, based on the circumstances of your case. They will make sure your constitutional rights have not been violated in anyway. A good Marijuana Lawyer will find the defenses that best suit your situation to challenge the prosecution's case against you. Even if you do not qualify for deferred prosecution, your Arizona criminal attorney can still make every effort to get your case dismissed, secure lesser charges, or in the least a significantly better outcome in your case, than would have been possible without a private Arizona Criminal Attorney.

If you have been charged with any Mesa Arizona Marijuana possession, sales, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, any Tempe, Arizona DUI, Mesa, Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Mesa Arizona Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

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Arizona Disorderly Conduct Laws, and Penalties

If your are charged in Arizona with Disorderly Conduct, you will need to contact an Arizona Disorderly Conduct Attorney, or Arizona Criminal Lawyer who frequently defends disorderly conduct charges.

"Disorderly conduct" or "disturbing the peace" is a common Arizona Criminal charges. It's used by police broadly to charge or arrest of any type disruptive behavior. It does not sound fair, but the truth of the matter is that the police will often charge or arrest someone for disorderly conduct, if they are irritated with you or they can't find anything else with which to charge you. It is subjective in nature, any many times overstated, making them easy to challenge by an experienced Arizona Disorderly conduct Attorney.

Common disorderly conduct charges result from loud music, disruptive parties, shouting at or arguing with another person (s) in public, or other behaviors that make others in the vicinity feel fearful, upset, or extremely discontented, due to your actions. However, the circumstances can dictate how severe the charges and penalties will be if convicted.

There are a number of circumstances that may warrant a disorderly conduct charge:
• engaging in fighting or seriously disruptive behavior
• making "unreasonable" noise
• using abusive or offensive language to try and provoke someone
• making a commotion to disrupt business
• refusing to leave an area as directed by officials (for instance: the scene of a fire or emergency)
• recklessly handling or displaying a firearm. Any of these must be done with intent to disturb the peace of a neighborhood, family, or persons.

Penalties for Disorderly Conduct in Arizona
In most situations, disorderly conduct is a class 1 misdemeanor. Class 1 misdemeanors are the highest level of misdemeanor in the State of Arizona. They carry a potential of up to 6 months in prison and fines of $2,500. But if the charges involving a firearm, it is considered a class 6 felony.

Felony disorderly conduct carries a maximum penalty of one year in prison. Such a conviction will give you a criminal record as a felon, and is something

13-2904. Disorderly conduct; classification
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:

1. Engages in fighting, violent or seriously disruptive behavior; or

2. Makes unreasonable noise; or

3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or

5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or

6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument.

B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.
If you have been charged with a disorderly conduct charge in Arizona, your best chance to fight these charges and win is to hire an Arizona Disorderly Conduct Attorney. They will gather the evidence and examine it to determine what will be the best defenses to use in your particular set of circumstances that will get you the best outcome in your case.

If you have been charged with any Tempe, Arizona Domestic Violence, Disorderly Conduct, Disturbing the Peace charges, Domestic Violence, Assault, Aggravated felony assault, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Tempe, Arizona DUI, Tempe, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges 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).

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