Phoenix DUI Lawyer Blog

How the Best Criminal Defense Attorneys Beat Mesa Marijuana charges

A Mesa criminal defense attorney can help you beat your Mesa Marijuana sales charges. If you face Mesa Marijuana (Pot) sales charges, you should consult a Marijuana lawyer or criminal defense attorney who defends Marijuana drug charges in Mesa, Arizona on a regular basis. If convicted, you will be subject to serious penalties. Mesa Marijuana sales charges fall within the State of Arizona Criminal Code 13 sentencing guidelines for Marijuana sales, Marijuana trafficking and 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 comprehensively outlines Marijuana laws in "A.R.S. 13-3405. Possession, use, production, sale or transportation of marijuana; classification"

Penalties for Mesa Marijuana drug offense convictions depend on many factors which include:

• The quantity of Marijuana found for sale or intent to sell
• Your prior criminal record
• Prior Marijuana convictions
• The strength of the prosecution's evidence against you regarding the Marijuana charges.

The most serious Marijuana crimes in Mesa are in that of production, manufacturing, or sales of Marijuana in Arizona. Possession of drugs with " intent" to sell or distribute them is also a serious crime. The Arizona prosecution will try to establish that you intended to sell or distribute by the quantity of the drug you possessed. This is a fact, whether or not you did or did not actually distribute or sell or intend to do so. A Mesa Arizona conviction of Marijuana sales, production, or distribution, can result in mandatory term jail or prison sentences depending on the factors above and other circumstances surrounding your charges. Mesa felony drug possession, trafficking, sales or distribution carry the most serious penalties, fines, incarceration, probation, community service, counseling and other penalties if convicted.

What an Experienced Mesa Marijuana Defense Lawyer Can Do
It is important that you contact a private Arizona Drug Defense Attorney or Marijuana lawyer who defends these types of charges in Mesa on a regular basis. A good Mesa Criminal Attorney will gather all the evidence, and investigate further to build a strong defense. This is necessary to challenge the Arizona Prosecutor's case against you. Your Mesa criminal 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 Mesa criminal defense attorney will make sure you are treated fairly, and do everything possible to get your charges dismissed in any event. If not, they will work to reduce your charges to lesser ones, or in the least, get the best possible outcome in your case. With a Mesa criminal attorney your chances of getting the best outcome in your case will significantly increase.

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 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 Mesa, Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "MARIJUANA LAWYER " »

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).

Continue reading "Mesa Disorderly Conduct " »

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).

Continue reading "MESA ARIZONA MARIJUANA LAWYER" »

If you have been charged with a crime in Mesa, Arizona, you will need an experienced Mesa Criminal Defense Lawyer, Mesa DUI Attorney or other licensed Arizona Criminal or DUI Attorney who practices DUI and criminal defense exclusively or regularly in Mesa Arizona.

Mesa, Arizona is strict on both misdemeanor s and felonies. Even some misdemeanors, such Mesa DUI charges, carry mandatory jail sentences for convictions. A conviction of a Felony crime has profound and long term adverse impacts on a person's life. Many felonies carry convictions of long term jail or prison sentences, exorbitant fines, and fees. A felony conviction will also have adverse impacts effect your current and future employment, family, right to drive, freedom and Future for many years. Hiring a good Mesa criminal defense will make all the difference in the outcome of your case. Choosing an Attorney may be one of the most important decisions you will make relating to your criminal matter.

What a Good Mesa Criminal Defense Attorney can do for you

First, an experienced Mesa criminal defense attorney will provide notice to the courts and prosecution, to let them know they represent you; file a "not-guilty" plea and notice of defenses on your behalf. This also acts as a barrier against you and the police or prosecution to make sure your rights are protected and enables all contacts to go through your attorney to avoid further incrimination to you. Next they will gather all the evidence, which includes your side of the story, breath test results, toxicology results, and any other evidence the prosecution claims they have against you. They may interview or depose the police officer or other witnesses. Then they will determine the best defenses to use. They will coordinate contact with the courts and prosecution and make sure your rights were not violated in any way. A good Mesa criminal lawyer will make every effort to find weaknesses in the Prosecutions case and educate them on the facts and your defenses based on the circumstances. Then they will begin negotiations with the prosecution, and file motions to get your charges dismissed, evidence suppressed, or charges reduced or in the least the best possible outcome in your case.

If you have been charged with any Mesa 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 Mesa DUI, Mesa , Mesa Drug DUI, or any other criminal charge including theft, assault, aggravated assault, 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.

Continue reading "Mesa Criminal Attorney | Why You need to Consult a Criminal Defense Attorney " »

Mesa Criminal Defense Lawyers Fight Assault Charges

"There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story."

In Mesa, AZ there are two categories of assault charges. The first is a "misdemeanor assault". The second is a "felony aggravated assault. Each has different levels of penalties based on the circumstances surrounding the incident that led to the charges. Both are viewed as very serious crimes in the Mesa Arizona. The Mesa Assault Laws, Sentencing and Penalties are dictated by the strict assault laws in the criminal code 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 face Mesa assault charges, you will potentially face serious penalties if convicted. You should immediately consult a Mesa criminal defense or Mesa Assault Attorney if you have been charged of any assault offense. A Free Consultation from a Mesa Assault Lawyer is easy to find. Consider it a necessity not an option. The following is a brief outline both Mesa assault types.

Mesa, Arizona Misdemeanor Assault:
Misdemeanor Assaults Mesa are charged when a defendant's actions involve putting someone in fear or jeopardy of bodily harm, physical contact with another individual with the intent of causing physical injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Mesa AZ misdemeanor assault you could be sentenced to up to one year in prison, fines up to $2,500, fees and restitution to the victim.

"A Free Consultation from a Mesa Assault Lawyer is easy to find...Consider it a necessity not an option".

Mesa, Arizona Felony Aggravated Assault:
An Aggravated assault in Mesa, AZ is a Felony. These charges are far more serious than misdemeanor assaults. There are several circumstances that if present will elevate an assault to the "aggravated" assault level. They 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.

Mesa Assault and Aggravated Assault Defenses:
There should be no secrets about what your criminal defense attorney will do for you if retained. An open line of communication should exist. A private criminal defense attorney works for you, not the state, not the public defender's office, not the city---just you. And together you will work as a team to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Mesa Criminal Defense Attorney might consider, based on the circumstances of your case:

• You feared for your life or well being
• You acted in self defense
• You reacted to a perceived threat
• Circumstances surrounding both you and the victim's state of mind
• Necessity Defense - such as in the case of a mother protecting her child from imminent danger or harm
• No evidence exist
• No witnesses exist
• No claimed weapon exists or was found
• Other parties or entities were involved
• You were accused wrongly. The assailant was someone other than you.
• The victim is not credible and character is in question
• Your Constitutional right were violated during search, seizure, arrest, or thereafter
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accidental nature v. intentional nature
• Unforeseen, or unexpected situation
• The proximate cause of the injury involved circumstances outside your control such as an unexpected act of nature, or caused by someone other than yourself.
• Proof of significant efforts or actions that you did everything within your means to avoid the victim's harm or endangerment. And these actions were consistent with that of a prudent person in the same situation.

There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer, understands your story is important, from your point of view. Your Mesa Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. If hired, your defense attorney will interview witnesses, turn stones regarding circumstances surrounding the events, and use all defenses that may apply to your Phoenix Assault charges. The attorney's job requires they do everything possible under the law to protect your rights, freedom, and future. Their ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case.

If you have been charged with any Mesa 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 Mesa Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Mesa Assault Attorney" »

Arizona Laws Penalties and Criminal Defenses

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

Like many crimes, Mesa, 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 offenses occur daily, in every neighborhood, to people all around you. It's just not something people want to discuss with others. It happens when and to those you least expect. If you are charged with a Mesa, Arizona domestic violence offense, you should contact a Mesa, criminal attorney as soon as possible. The mistake many people make, after receiving Mesa, 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 Mesa, AZ Domestic Violence Attorney first. The accuser can't just "drop the charges" later when things have calmed down. After an arrest has been made or charges issued, it is in the hands of the State of Arizona to drop or dismiss the charges. Once the police are called to the scene, and conduct a preliminary site investigation, they make decision--right or wrong. After that, if charged or arrested, 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. If the police have been called to the scene on multiple occasions, 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. Easy for them, but tough on undeserving or innocent parties involved.

Mesa, 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 destructive dispute between spouses only. But in reality domestic violence laws apply to many different types of domestic relationships and include acts of abuse, to 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.

Domestic violence charges are taken very seriously in Mesa Arizona. If convicted of Arizona Domestic Violence, the penalties are harsh. The citations below were taken from a Mesa Police Department Website which reaffirms Mesa's commitment to aggressive investigation and prosecution of Mesa Arizona domestic violence offenders:

Protection and Investigation
As the lead agency for the CAFV, The City of Mesa Police Department has designed a unique, community-oriented, collaborative approach to investigating and intervening in domestic violence, adult and child sexual/physical abuse cases. Working with Child Protective Services, the officers of the Mesa Police force are specifically trained to be sensitive to, and knowledgeable of, the trauma of family violence and cases of sexual/physical abuse of adults and children. In response to recently enacted legislation, officers sited at the Center are also responsible for notifying and educating the community about the release of convicted sex offenders.

...Prosecution

The office of the Maricopa County Attorney and the City of Mesa Prosecutor's Office have jointly committed to participate in the CAFV to improve the prosecution of misdemeanor and felony cases involving domestic violence, adult and child sexual/physical abuse. Additionally, the County Attorney's Victim/Witness Bureau and the Office of the City Prosecutor's Victim Rights Program provide legal and emotional support to victims throughout the court process...."
(cited from www.mesaaz.gov/police/)

CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
If you receive a conviction of domestic violence in Mesa, Arizona, the state may revoke or limit child visitation rights, right to bear arms, and other privileges. Then they will impose penalties of jail, 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 usually charged and prosecuted as Felonies. These convictions generally result in lengthy state prison sentences. If the domestic violence crimes are charged as a Mesa, 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. The main difference is in the amount of fines and fees, and the length of incarceration time in jail or prison. In Mesa, the domestic violence laws almost always require that the defendant complete a Domestic Violence Counseling Treatment program, such as anger management classes or anger control therapy with a psychologist. In many cases, the court prohibits the defendant from having any contact with the victim. Often this means the defendant can not return home, for a court ordered period of time.

Defenses that can be used in a Mesa 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 MESA, DOMESTIC VIOLENCE ATTORNEY CAN DO

You will need an experienced Mesa, Arizona Domestic Violence attorney or Mesa, 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 Mesa, Arizona Criminal Defense Attorney will be your voice. They will draw from their education, training, experience, litigation, case laws, Mesa, 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.

Mesa Assault Lawyer will Fight Your Assault Charges

"There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story."

In Mesa, AZ there are two categories of assault charges. The first is a "misdemeanor assault". The second is a "felony aggravated assault. Each has different levels of penalties based on the circumstances surrounding the incident that led to the charges. Both are viewed as very serious crimes in the Mesa Arizona. The Mesa Assault Laws, Sentencing and Penalties are dictated by the strict assault laws in the criminal code 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 face Mesa assault charges, you will potentially face serious penalties if convicted. You should immediately consult a Mesa criminal defense or Mesa Assault Attorney if you have been charged of any assault offense. A Free Consultation from a Mesa Assault Lawyer is easy to find. Consider it a necessity not an option. The following is a brief outline both Mesa assault types.

Mesa, Arizona Misdemeanor Assault:
Misdemeanor Assaults Mesa are charged when a defendant's actions involve putting someone in fear or jeopardy of bodily harm, physical contact with another individual with the intent of causing physical injury, or causing actual physical harm or injury to another; the intent to harm or provoke another person; intentionally placing another person in reasonable apprehension of imminent physical injury; intentionally, knowingly, or recklessly causing physical harm to someone. If convicted of a Mesa AZ misdemeanor assault you could be sentenced to up to one year in prison, fines up to $2,500, fees and restitution to the victim.

"A Free Consultation from a Mesa Assault Lawyer is easy to find...Consider it a necessity not an option".

Mesa, Arizona Felony Aggravated Assault:
An Aggravated assault in Mesa, AZ is a Felony. These charges are far more serious than misdemeanor assaults. There are several circumstances that if present will elevate an assault to the "aggravated" assault level. They 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.

Mesa Assault and Aggravated Assault Defenses:
There should be no secrets about what your criminal defense attorney will do for you if retained. An open line of communication should exist. A private criminal defense attorney works for you, not the state, not the public defender's office, not the city---just you. And together you will work as a team to build an effective defense. It is up to you to work with your attorney to provide information they request in your defense. It is the Attorney's job to gather, examine, build and mount a successful defense based on that material and drawing from their training, education, experience in defense and litigation. Below is a list of some of the defenses a good Mesa Criminal Defense Attorney might consider, based on the circumstances of your case:

• You feared for your life or well being
• You acted in self defense
• You reacted to a perceived threat
• Circumstances surrounding both you and the victim's state of mind
• Necessity Defense - such as in the case of a mother protecting her child from imminent danger or harm
• No evidence exist
• No witnesses exist
• No claimed weapon exists or was found
• Other parties or entities were involved
• You were accused wrongly. The assailant was someone other than you.
• The victim is not credible and character is in question
• Your Constitutional right were violated during search, seizure, arrest, or thereafter
• You were provoked, threatened, or intimidation by the victim verbally, physically or in writing
• Accidental nature v. intentional nature
• Unforeseen, or unexpected situation
• The proximate cause of the injury involved circumstances outside your control such as an unexpected act of nature, or caused by someone other than yourself.
• Proof of significant efforts or actions that you did everything within your means to avoid the victim's harm or endangerment. And these actions were consistent with that of a prudent person in the same situation.

There are two sides to every story. Let a Mesa Assault Lawyer protect your rights and educate the court on your side of the story. An experienced Assault Defense Lawyer, understands your story is important, from your point of view. Your Mesa Defense Attorney will gather and examine all evidence, build, and mount a strong defense against the prosecution based on your set of circumstances. If hired, your defense attorney will interview witnesses, turn stones regarding circumstances surrounding the events, and use all defenses that may apply to your Phoenix Assault charges. The attorney's job requires they do everything possible under the law to protect your rights, freedom, and future. Their ultimate goal in every case is to get your case dismissed or in the alternative charges reduced, evidence suppressed, or the best outcome possible in your case.

If you have been charged with any Mesa 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 Mesa Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

Continue reading "Lawyer Defending Mesa Assaults " »

Defend your Mesa Criminal Charges by hiring a top Mesa Criminal Lawyer

If you face a Mesa, Arizona criminal charge, Mesa Arizona Laws are will be subject to the sentencing provisions, and penalties of the State of Arizona Criminal Laws. These criminal and DUI laws are some of the strictest in the nation, and the penalties are considered extremely harsh. You will need to consult a good Criminal charge attorney, Criminal law Attorney or Criminal defense, or DUI Lawyer as soon as possible. Arizona Offenses, Definitions, Sentencing, Fees, Fines, Imprisonment Penalties, and other penalties are subject to A.R.S. Title 13 - Criminal Code. Mesa Arizona is touch on crime. In addition to their many volunteer and public programs, their law enforcement agencies are aggressive: Here are just a few brief facts about Mesa Arizona Police Agencies:

• Mesa Arizona Police Department - Approximately 1,168 officers and a total of 5 stations (one main, and four substations). This does not include volunteers or paid officers in managerial positions. (The total population of Mesa Arizona is approximately 460,000).

• Mesa Police Dept Forensic Services - Their tasks include but are not limited to examination and analysis of DNA and Serology, controlled substances, toxicology for urine drug screening, and blood alcohol content, firearms tool mark, fingerprinting, crime scene investigations. In addition, they provide extended training and technical assistance for police field DUI and drug testing and training programs.

• Mesa PD also has a traffic section which consists of about 80% paid sworn officers and 20% civilian employees. A large part of their traffic section includes Motorcycle Officers, Reconstruction Officers, and Hit and Run Detectives, and among other personnel those responsible for vehicle impounds

• Mesa PD often works in conjunction with other main city and county structured task forces including scheduled Arizona DUI sobriety checkpoint stops and other structured criminal task force operations.

If charged with any criminal offense in Mesa Arizona, be sure you contact a Mesa Criminal Defense Attorney who knows Mesa Arizona Laws, and Mesa Arizona Penalties; is familiar with Mesa Arizona Courts and practices there regularly; understands all the facets of Mesa Arizona criminal defense and is able to build a strong criminal defense on your behalf based on your particular set of charges. A good Mesa criminal defense attorney will make sure your constitutional rights are protected, determine if the criminal charges are justified, and make every effort to get your case dismissed, return lesser charges, or in the least get the best outcome possible on our case.

If you have been charged with any Mesa 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, assault, aggravated assault, 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.

Continue reading "Mesa Criminal Attorney " »