Dangerous drugs have become a major problem in this country. That is why Arizona prosecutes each drug crime seriously.

If you have been accused of drug crimes, including those with narcotic drugs, you need an Arizona criminal defense lawyer to help you. At Genesis DUI & Criminal Defense Lawyers, our Arizona criminal defense attorney is ready to defend your rights.

Dangerous drug crimes, including those involving prescription drugs, have become a focus of the criminal justice system. It would help if you had the strongest legal defense possible, and our Phoenix drug crimes lawyer is ready to defend you.

Learn more about drug crime cases below. Then, contact us for a free consultation.

Our Arizona Drug Crimes Attorney Is Ready To Defend Your Rights

Drug offenses are among the most frequent cases we see as top Arizona Criminal Defense Lawyers at Genesis Criminal Law.

Many factors go into obtaining a successful outcome for your case: the type and quantity of drugs, where and how the drugs were found, whether the drugs were for personal use or sale, and even whether or not the State of Arizona can prove there are drugs at all.

Examples of Crimes We See Involving Drugs

 Some of the most common crimes we see involving narcotics and other drugs are:

1. Medical Marijuana

2. Drug possession

3. Drug possession for sale

4. Drug trafficking

5. Drug transportation

6. Attempted solicitation to possess drugs

7. Attempted solicitation to sell drugs

8. Drug paraphernalia

9. Drug smuggling

Medical Marijuana

In Arizona, medical marijuana is legal for patients with qualifying conditions, but there are strict regulations governing its use and possession. Patients must have a valid medical marijuana card issued by the state to possess and use marijuana for medicinal purposes legally.

Without this card, possession of marijuana could lead to drug charges, even if used for health reasons. Our attorneys can help ensure that your medical use complies with state laws to protect you from potential legal issues.

Drug Possession

Possession of drugs in Arizona can lead to serious charges, depending on the type and quantity of the drug. Simple possession might be considered a misdemeanor or a felony, influencing the severity of potential penalties.

Defending against these charges often requires challenging the evidence, such as how the drugs were discovered or handled by law enforcement. Our legal team has experience scrutinizing such details to defend your rights effectively.

Drug Possession for Sale

Possession of drugs with the intent to sell introduces more severe charges and penalties than simple possession. This determination is often based on the amount of the drug, packaging, and other evidence suggesting sales activity.

Our attorneys can challenge the prosecution's interpretation of intent and evidence, aiming to reduce or dismiss the charges. We also explore plea deals and other legal options that may limit the consequences of these charges.

Drug Trafficking

Drug trafficking charges in Arizona involve the manufacture, distribution, or transport of large quantities of controlled substances. These offenses carry heavy penalties, including long prison sentences and substantial fines.

Our defense strategies may include contesting the alleged amount of drugs or proving that your involvement was coerced or minimal. Protecting your rights in such complex cases requires a thorough and aggressive legal approach.

Drug Transportation

Transporting drugs across state lines or within Arizona brings serious legal risks and potential for federal and state charges. The severity of penalties often depends on the type and quantity of drugs transported.

Our firm is skilled in handling federal and state drug transportation cases, employing strategies that might involve challenging the traffic stop or search that led to the discovery of drugs. We aim to dismantle the prosecution's case against you effectively.

Attempted Solicitation to Possess Drugs

Attempted solicitation to possess drugs is a charge that can be applied if you're accused of trying to persuade someone to give or sell drugs to you. This can be a complex charge to prove, as it involves demonstrating intent without the completion of the drug transaction.

Our defense might focus on the communication's lack of intent or misunderstanding. We work diligently to protect your legal rights and provide a strong defense against these accusations.

Attempted Solicitation to Sell Drugs

Being charged with attempted solicitation to sell drugs implies that you are accused of attempting to engage others in drug distribution, even if no drugs were sold. This charge requires the prosecution to prove intent, which can often be effectively contested in court.

We can challenge the evidence or argue that there was no actual commitment or action toward selling drugs. We aim to reduce the impact of these charges or seek a complete dismissal.

Drug Paraphernalia

Possession of drug paraphernalia in Arizona can lead to criminal charges independent of actual drug possession.

Paraphernalia includes any item that can be used for consuming, manufacturing, or distributing drugs. Our defense often involves disputing the items' intended use or proving they were not owned or controlled by you. We explore every possible angle to defend you against these charges.

Drug Smuggling

Drug smuggling involves illegally importing controlled substances into Arizona, often crossing international or state borders. This crime is typically prosecuted aggressively and requires a defense that can handle complex legal challenges.

We focus on issues such as the legality of the border stop or the search methods used by authorities. Our attorneys are experienced in federal and state drug laws, providing you with a comprehensive defense strategy.

What You Should Do If Facing Drug Charges in Arizona

1. Remain silent and request an attorney immediately. Anything you say can be used against you, so exercising your right to remain silent is important.
2. Do not consent to any searches without a warrant. If police request to search your property or vehicle, you can refuse unless they have a warrant.
3. Gather all documentation related to your case. This includes any paperwork you received during your arrest or any other documents that might relate to your case.
4. Avoid discussing your case on social media or with friends and family. These communications can sometimes be used as evidence in court.
5. Follow all court orders and conditions of your bail or release. This is vital to avoid additional charges and show the court you are compliant.
6. Stay informed about your legal rights and the progress of your case. Understanding the charges against you and the legal process will help you make informed decisions.
7. Work closely with your defense attorney to prepare your case. Please provide them with all the necessary information and adhere to their advice for the best defense strategy.

Strategies We Can Use To Defend You

• Challenging the legality of the drug search and seizure. If the drugs were discovered during an illegal search, the evidence might be thrown out, weakening the prosecution's case.
• Questioning the accuracy of drug testing and analysis. We can dispute how the drugs were tested or challenge the qualifications of the personnel who handled the testing.
• Arguing for a lack of intent or knowledge regarding the drugs. If we can show that you were unaware of the drugs' presence, the charges against you might be reduced or dismissed.
• Highlighting procedural errors or misconduct by law enforcement. Any errors made during your arrest or evidence handling can be grounds for dismissing the case.
• Negotiating for reduced charges or alternative sentencing options. Depending on the circumstances, we may be able to negotiate a plea deal that avoids jail time or substantially reduces penalties.

Can You Secure a Dismissal?

Securing a dismissal of drug charges can depend on several factors, including the strength of the evidence against you and the legality of how that evidence was obtained.

Our team will thoroughly investigate your case to identify any potential for dismissal. We focus on procedural missteps, rights violations, and weaknesses in the prosecution's evidence. Our primary goal is to get your charges dismissed and protect your future.

What About a Drug Diversion Program?

Arizona offers drug diversion programs that can serve as an alternative to traditional sentencing. These programs focus on rehabilitation rather than punishment and can lead to charges being dropped upon successful completion.

Our firm can help determine your eligibility for such a program and advocate for your participation. This could not only potentially dismiss your charges but also help you address underlying issues related to drug use.

Should You Negotiate a Plea Bargain?

Negotiating a plea bargain may be a strategic move, depending on the evidence against you and the potential penalties you face. A plea bargain can reduce your charges, lessen penalties, or alter sentencing to something more favorable, like probation instead of jail time.

Our attorneys will carefully evaluate the merits of a plea deal to ensure it is in your best interest. We negotiate aggressively to secure terms that protect your rights and future.

We Will Use Every Resource We Have To Defend You

Drug charges in Arizona require many different approaches and are broad in outcomes. Suppose you have no criminal history and are found with drug paraphernalia and/or a small amount of drugs.

In that case, you may be able to receive probation or even diversion, which results in no criminal conviction on your record. Your case may even be dismissed. That is not always the case, as every matter is unique. 

Together, we will develop a "client goal" based on your situation and work diligently to achieve that goal. We will work hard to make sure your rights are protected. Contact us today so we can review your case and work on creating your client goal.

Whatever your particular situation, and no matter how big or small your case may seem, we know its importance and will strive to achieve the best possible outcome.

Schedule a legal consultation with our Arizona lawyers today!

Contact Our Arizona Drug Crimes Attorney for a Free Consultation

Have you been charged with a drug crime in Arizona? At Genesis DUI & Criminal Defense Lawyers, we always put your needs first. It would be our honor to defend you. Contact us today for a free consultation.

Genesis Criminal Law in Mesa

1755 S Val Vista Dr Suite 205 Mesa, AZ 85204

(480) 900-2220

Hit and run accidents happen every day. When you are involved in an automobile accident in Arizona, you must fulfill a few obligations. You must give your name, address, and registration to the other party involved in the accident.

You must also show them your driver's license, provide first aid, and get help when necessary. Failure to do so before you leave the accident scene is considered a hit-and-run. At Genesis DUI & Criminal Defense Lawyers, we can help you.

You need to know what to do next if you have been accused of a hit-and-run accident. Some accidents can result in serious physical injury, which can amplify the stakes. Our Phoenix hit-and-run lawyer is here to defend your rights.

Learn more about hit-and-run accidents below. Then, contact us for a free consultation to discuss your car accident.

Our Arizona Hit and Run Attorney Will Defend Your Rights

If you are facing charges for a hit-and-run, our Arizona hit-and-run attorney is here to help defend your rights and guide you through the legal process. We understand the stress and fear that come with being accused of leaving the scene of an accident.

Our firm has extensive experience handling these cases and is committed to providing a strong defense for each client. We work diligently to investigate every detail of the incident to build a solid defense strategy.

Our approach is to carefully analyze the evidence presented by the prosecution to identify any inconsistencies or weaknesses in their case. We also consider all possible legal defenses that could apply to your situation.

By thoroughly preparing and understanding your case, we can effectively negotiate with prosecutors or, if necessary, defend you at trial. Trust our dedicated team to strive for the best possible outcome, whether reducing the charges or seeking a complete dismissal.

Why Do People Leave the Scene of an Accident?

• Panic and fear: Many individuals leave the scene of an accident because they panic. Fear can override rational thinking in high stress, leading to poor decisions. Our attorney understands this human reaction and can work to explain these circumstances to the court.
• Unaware of the damage: Drivers may not realize they've caused severe damage or injury. They might believe the incident was too minor to report or didn't notice the collision. In such cases, proving the driver's awareness is key to our defense.
• No valid driver's license or insurance: A person might flee an accident scene because they lack a valid driver's license or auto insurance. This fear of additional penalties for these violations can prompt them to leave. We explore all the reasons behind a client's decision to leave the scene to defend their actions better.
• Under the influence of alcohol or drugs: Being under the influence can impair judgment and lead to a decision to flee an accident to avoid a DUI charge. Our legal team can address the underlying issues, such as substance abuse, which might help negotiate lesser charges.
• Prior criminal record: Individuals with a prior criminal record may fear harsher penalties if they are found at the scene of an accident. This fear might drive them to make the unwise choice to leave. We consider this background when devising a legal strategy to protect their future.

What Should You Do After a Car Accident?

1. Check for injuries and ensure everyone is safe. If anyone is injured, call 911 immediately to get medical help.
2. Move to a safe area if possible. If the accident is minor and your car is causing a hazard, move it to the side of the road.
3. Exchange information with the other driver(s). Make sure to get their names, contact details, insurance information, and vehicle details.
4. Take photos of the accident scene. Document the damage to all vehicles and any relevant road conditions or signs.
5. Look for witnesses who saw what happened. Get their contact information in case their statements are needed later.
6. Report the accident to the police. Even for minor accidents, a police report can be crucial.
7. Call your insurance company to report the accident. Please provide them with all the information they need to process your claim.

Tips For Reporting an Accident To Insurance

• Be honest and thorough: When reporting the accident to your insurance, be completely honest about what happened. Lying to your insurance company can lead to denied claims and legal trouble. Include all details, even those that may seem minor.
• Document everything: Before making the call, gather all relevant information, including the police report number, the other driver's insurance details, and witness statements. All the necessary information will make the reporting process smoother and more efficient.
• Know your policy: Understand what your insurance policy covers before you make the call. This knowledge will help you understand what you can claim and prepare you for the conversation with your insurer.
• Avoid admitting fault: While you should be honest, avoid admitting fault or liability when talking to your insurance. Just stick to the facts without speculating about who was to blame.
• Follow-up: After your initial report, keep track of your claim's progress and contact your insurance adjuster. Ensure your claim is being processed promptly, and provide any additional information if requested.

Why You Need Our Arizona Hit and Run Attorney If You Have Been Accused of a Hit and Run

A hit-and-run charge can be daunting, but you don't have to handle it alone. Our experienced Arizona hit-and-run attorney can provide the expert legal representation you need.

We understand the laws and how to navigate the court system to defend your rights effectively. Our firm is committed to achieving the best possible outcome for you, aiming to reduce the impact of the charges on your life.

Penalties for a Hit and Run Accident

If you leave the scene of an accident, you can be charged with a class 3 misdemeanor, which can result in $500 in fines and up to 30 days in jail. For more serious accidents that involve serious injury and death, you can be charged with a felony for leaving the scene.

Leaving the scene can also result in license suspension. If the accident occurred while you were under the influence of drugs or alcohol, you may have to complete court-ordered drug and alcohol counseling to get your license reinstated.

Defense Strategies We Can Use

We meticulously review all the evidence to defend against a hit-and-run accusation and focus on establishing a strong factual defense.

As a hit-and-run driver, you could face a personal injury lawsuit in addition to criminal charges. Our Phoenix hit-and-run accident lawyer can use several strategies to defend you. They include:

Mistaken Identity

In some hit-and-run cases, the true identity of the driver at the time of the accident is unclear. We can challenge the prosecution's evidence that you were driving. This might involve presenting alibi evidence or questioning the accuracy of witness identifications.

Casting doubt about whether you were at the scene can substantially weaken the prosecution's case.

Lack of Knowledge

We can argue that you were unaware of the accident and thus did not knowingly flee the scene. This defense is particularly useful if minimal damage occurred or the incident occurred without your knowledge. Proving that you had no reason to believe there had been an accident can absolve you of the responsibility to stop and report it.

No Damage Occurred

If there is a claim that no damage occurred to any property or person, we can use this to challenge the necessity of stopping and providing information. This approach requires a thorough examination of the vehicles or property allegedly involved. Demonstrating the absence of damage can undermine the basis of the hit-and-run charge.

Emergency Situation

This defense might apply if you left the scene due to an emergency requiring immediate attention. We would need to prove that the urgency to leave was legitimate and that returning to the scene was not feasible.

Such situations could include needing immediate medical attention or other emergencies that justify your departure from the scene.

Contact Our Arizona Hit and Run Attorney To Schedule a Free Consultation

Any hit-and-run is taken seriously, particularly when the other party is injured. A good lawyer will know what it takes to find evidence to be used in your favor. We have experience with hit-and-run cases that we can use to fight for you.

At Genesis DUI & Criminal Defense Lawyers, we can defend you. Contact our legal team for a free consultation. Let's discuss your hit-and-run case today.

Schedule a legal consultation with our Arizona lawyers today!

Facing charges of child sex can change your life in an instant. It's a grave accusation that carries heavy social and legal consequences.

At Genesis DUI & Criminal Defense Lawyers, we understand the gravity of the situation. We offer skilled legal representation to those accused of sexual conduct. Our seasoned team will protect your rights and fight for a fair outcome. The term "child molestation" covers various criminal offenses involving inappropriate behavior towards minors.

In Arizona, law enforcement and the judicial system take these charges very seriously. Being accused can lead to public judgment, loss of employment, and severe legal penalties. Our law firm is here to guide you through this challenging time with compassion and competence.

What is Child Sexual Abuse?

Child sexual abuse is a crime involving forced sexual activity between an adult and a child. Perpetrators are often people whom victims trust and who have some type of authority over them. Sexual abuse could go on for years before the child says something or the abuse is discovered by others.

Our Arizona Child Molestation Attorney Understands the Sensitive Nature of These Charges

We know that being accused of child molestation can be devastating. Our attorney approaches each case with sensitivity and discretion, ensuring your story is heard and your rights are protected. We provide a judgment-free environment where you can discuss your case openly. Our goal is to support you through this process while defending your innocence.

Facing these accusations often means enduring public scrutiny and personal attacks. Our legal team works to manage the narrative and protect your reputation. We employ strategic legal tactics to challenge the accusations against you. By focusing on the facts, we aim to dismantle the prosecution's case and safeguard your future.

Accusations of Child Molestation: The Definitions

Child molestation involves any inappropriate sexual contact or behavior with a minor. This can range from physical contact to exploitation and harassment. Arizona law defines these actions strictly, with specific criteria for what constitutes child molestation. Understanding these definitions is important for developing a strong defense.

In many cases, the specific details of the accusations, such as the nature of the alleged contact and the context in which it occurred, are key to the defense. Our legal team delves deep into the allegations to identify inconsistencies or misunderstandings. We work to clarify the intent and circumstances of the interactions, which can be pivotal in your defense.

The Statutes and Penalties for Child Molestation

Arizona law (ARS §13-1410) treats child molestation as a felony. The penalties include mandatory prison time, potentially spanning decades and registration as a sex offender under ARS 13-3821. A first conviction could lead to a prison sentence of up to 24 years. This is a class 2 felony, and it falls under ARS 13-705, Arizona's statute on dangerous crimes against children.

Additionally, child molestation is a crime that involves intentionally or knowingly engaging in sexual contact with a child under the age of 15.

These consequences considerably impact one's life, emphasizing the need for a solid defense. The law defines child molestation as knowingly participating in sexual contact with a minor under 15 years of age. Sexual conduct or sexual intercourse with a child is prosecuted vigorously in Arizona.

The degree of the sentence hinges on several factors, including the nature of the act and the defendant's criminal history. Arizona imposes strict mandatory minimum sentences for sex crimes against children. There is no possibility of probation or parole for certain offenses. Our attorneys are well-versed in Arizona statutes. Our lawyers work towards minimizing the potential penalties.

You Need To Secure Legal Representation as Early as Possible

When you learn of the allegations against you, seeking legal counsel is critical. Timely intervention by a criminal defense attorney can stem the tide and direct your case favorably. Our team begins by securing your rights and preventing self-incriminating mistakes. These can be made during initial police interactions. We then start gathering evidence and collecting witness statements.

Delaying legal representation can compromise your defense strategy. Our attorneys work to address potential prosecution tactics, ensuring your side of the story is ready and robust. We also engage in pre-trial negotiations, which can lead to charges being dropped or reduced before the case goes to court. Our proactive approach aims to protect your freedom and reputation from the start.

The Social Fallout: Let Your Attorney Control the Narrative

The court of public opinion often moves faster than the legal system. Rumors and misinformation can damage your reputation before your case reaches a courtroom. Our attorneys understand the importance of managing the narrative surrounding your case. We work to counteract negative publicity and maintain your privacy.

Having an experienced lawyer speak on your behalf helps prevent missteps that could further harm your reputation. We communicate with the media and public when necessary, ensuring that any information shared is accurate. We aim to minimize the social fallout and allow you to focus on your defense.

How a Specialized Sex Crime Attorney Helps Your Defense

A specialized sex crime attorney brings invaluable experience and insight to your defense. Our team has a deep understanding of the legal and emotional challenges of child molestation cases. We know how to go through the sensitive nature of these charges, and we ensure that your defense is both compassionate and compelling.

Our attorneys have extensive experience challenging evidence and questioning witness credibility. We will argue for the exclusion of prejudicial information. We also understand the nuances of negotiating plea deals in sex crime cases, where the stakes are high. Our comprehensive approach aims to achieve the best possible outcome. This could be a case dismissal, acquittal, or minimized penalties.

Developing a Defense Strategy for Child Molestation Charges

• Challenge the credibility of the accusation. We scrutinize the accuser's motives and any inconsistencies in their story. We aim to expose any falsehoods or exaggerations that may have led to the charges. This approach can sway the jury's perception and cast doubt on the prosecution's case.
• Examine the evidence for flaws or misinterpretations. Evidence in child molestation cases can often be subjective or based on interpretations. Our legal team reviews all evidence, looking for inconsistencies or alternative explanations. We argue against any evidence that lacks scientific validity or was improperly obtained.
• Highlight the absence of physical evidence. Many child molestation cases lack concrete physical evidence. We emphasize this absence. We argue that the lack of physical evidence raises reasonable doubt about the accusations. This strategy is essential in cases where allegations are based solely on statements
• Utilize expert testimony. Psychology, forensics, or child behavior experts can challenge the prosecution's narrative. Our attorneys work with respected experts to dispute allegations. We can also suggest alternative scenarios that align with your defense. Expert testimony can be a strong tool in persuading a jury.
• Assert constitutional defenses. We ensure that all your constitutional rights were respected during the investigation. Any violation can lead to the dismissal of evidence, including an illegal search and seizure or failure to provide Miranda warnings. Protecting your rights is a fundamental aspect of our defense strategy.

The Obstacles in Defending Child Molestation Cases

Child molestation cases are challenging due to the sensitive nature of the accusations. These accusations lead to severe emotional responses. Jurors may have preconceived notions that bias their view of the evidence. Our attorneys are skilled in overcoming these obstacles by focusing on the facts and law rather than emotion.

Building a defense in these cases often requires disproving or casting doubt on the accuser's testimony. This can be difficult in a climate where there is a strong impulse to believe the alleged victim. We work to ensure that the jury understands the importance of evidence and the presumption of innocence. Our approach is respectful yet assertive, aiming to secure a fair trial for our clients.

How We Overcome Prejudice and Emotional Bias

Overcoming prejudice and emotional bias is vital in child molestation cases. We begin by carefully selecting a jury, aiming for individuals who can remain impartial and consider the evidence objectively. Our presentation is clear, factual, and devoid of emotional manipulation during the trial.

We also prepare our clients for their testimony, ensuring they understand how to communicate sincerely. Demonstrating the impact of the accusations on their life can help humanize them to the jury. Our legal team strives to shift the focus from emotion to the evidence, ensuring that justice prevails based on facts.

Negotiations, Motions, and Plea Bargains: We Explore All Options

Exploring all legal options is critical in child molestation cases. Our attorneys negotiate with the prosecution, try to reduce the charges or penalties, and file motions to dismiss or exclude evidence that could unfairly prejudice your case. Plea bargains are considered when they offer an advantageous outcome and reduce the risk of more severe consequences.

Our strategy is always tailored to the specifics of your case and your best interests. We maintain open communication with you throughout the process and ensure you understand your options and potential outcomes. Our goal is to achieve the most favorable resolution through trial or negotiation.

We Fight for You at Sentencing

If your case goes to sentencing, our fight for you doesn't end. We present mitigating factors and argue for the minimum possible penalties. We emphasize any factors that may reduce your culpability. Our presentations at sentencing are detailed and persuasive. We aim to influence the judge's decision in your favor.

We also prepare you for the possibility of sentencing, discussing the potential outcomes and how to address them. Our support extends beyond the courtroom. We can guide you through the case's aftermath, including dealing with any legal obligations or restrictions that may result from the sentencing.

Let Our Arizona Child Molestation Attorney Defend Your Rights

Facing child molestation charges is a daunting experience, but you don't have to go through it alone. Our Arizona child molestation attorneys are committed to defending your rights and securing the best possible outcome for your case. We understand the stakes and offer our experience and support at every step.

Our approach is thorough and aggressive, ensuring that every aspect of the prosecution's case is challenged. We believe in your right to a fair trial and work to provide a defense that reflects the best legal practices and strategic thinking. With Genesis DUI & Criminal Defense Lawyers by your side, you can confidently face your legal challenges.

Trust Our Arizona Child Molestation Attorney To Defend Your Rights

When choosing Genesis DUI & Criminal Defense Lawyers, you select a team that stands by you through every phase of your legal journey. Our Phoenix child molestation attorneys understand the complexity of these cases and their impact on your life. We are dedicated to protecting your rights and offering the highest-quality legal representation.

If you have questions about taking legal action for sexual abuse, we are here to provide you with the answers and counsel you need before moving forward. A child molestation conviction could ruin your reputation, family life, and career. The charges of this crime are severe and can change your life forever.

If you are facing allegations of Phoenix child molestation or child abuse, contact our child molestation defense attorney. Schedule a FREE case evaluation today. 

Facing an aggravated DUI in Arizona is a critical and stressful situation. This charge means you're accused of driving under the influence under circumstances that are even more severe than a regular DUI.

Our law firm, Genesis DUI & Criminal Defense Lawyers, specializes in defending clients against these tough charges. With a seasoned Arizona aggravated DUI attorney on your side, you stand a much better chance of navigating the legal system successfully.

An aggravated DUI in Arizona isn't just a minor legal issue; it's a felony DUI offense that can dramatically alter your life. Penalties are harsh and can include prison time, large fines, and the loss of driving privileges.

If you get caught up in an aggravated DUI in Arizona, our experienced legal team understands what's at stake and is dedicated to fighting for your rights and freedom. We're here to provide you with the support and defense you need during this challenging time.

Our Arizona Aggravated DUI Attorney Will Safeguard Your Rights

When you're charged with an aggravated DUI, the first thing you need is a knowledgeable attorney who understands Arizona's DUI laws inside and out. Our Arizona aggravated DUI attorney is well-equipped to handle your case, offering expert legal advice and robust defense strategies. We'll work tirelessly to safeguard your rights.

Our defense approach is personalized, considering your situation's unique details. We believe in a proactive defense, meaning we start working on your case immediately. We collect evidence and build a strong argument on your behalf. With our attorney by your side, you can have peace of mind knowing that a skilled professional is fighting for the best possible outcome for you.

The Dangers of Driving Under the Influence: Why Arizona Has Strict Laws

Driving under the influence poses considerable risks to the driver and everyone else on the road. Arizona's strict DUI laws reflect the state's commitment to public safety. The consequences of impaired driving can be catastrophic, leading to accidents, injuries, and even death. That's why the penalties for DUI offenses, especially aggravated DUI, are so severe.

The state takes these cases seriously to deter individuals from making the dangerous decision to drive while impaired. If you're facing aggravated DUI charges, it's a clear sign that the legal system sees your actions as a major threat to public safety. Our team is ready to help you understand these charges and to navigate the legal challenges they bring.

The Serious Nature of Aggravated DUI Charges in Arizona

An aggravated DUI charge in Arizona is not something to take lightly. This felony offense comes with penalties that can impact your life for years. Whether it's because of a high blood alcohol content (BAC), having multiple DUI offenses, or driving with a suspended license, the stakes are incredibly high.

If the individual or defendant has prior felony convictions, prison time increases substantially. Knowing the gravity of an aggravated DUI offense is the first step in preparing your defense. Our legal team is here to help you through this process, explaining the charges against you and what they could mean for your future. We're committed to providing a defense that addresses the specifics of your case and seeks to minimize the consequences.

Understanding What Constitutes an Aggravated DUI

• Third DUI offense within seven years: Arizona law considers it an aggravated DUI if you've been convicted of two prior DUIs within the last seven years.
• Driving on a suspended license: Being caught driving under the influence while your license is suspended automatically elevates the charge to aggravated DUI.
• DUI with a minor in the vehicle: If you're arrested for DUI with a passenger under 15 years old, it's classified as an aggravated DUI.
• Extreme DUI levels: An extremely high BAC can also lead to an aggravated DUI charge. Extreme DUI is defined as a BAC of 0.15% or higher, and super extreme DUI is a BAC of 0.20% or higher.
• Ignition interlock device violation: Driving a vehicle without a court-ordered ignition interlock device when required due to a previous DUI conviction can result in an aggravated DUI charge.

The Legal Consequences of an Aggravated DUI Conviction

An aggravated DUI conviction in Arizona carries severe penalties. According to Arizona Revised Statutes (ARS §28-1383), the consequences can include a mandatory prison sentence, substantial financial penalties, and the suspension of your driving privileges.

• Prison time: Convictions often lead to up to two years in prison for a first-time aggravated DUI offense.
• Fines: Fines can exceed thousands of dollars, not including additional court costs and fees.
• License suspension: An aggravated DUI conviction typically results in at least a one-year suspension of your driver's license.

If you have been arrested for agg DUI, then an experience DUI defense lawyer can help you. We will talk about the circumstances surrounding your DUI charges and present the options for a possible defense

Key Defense Strategies for Aggravated DUI Charges

• Challenging the traffic stop: We may argue that the initial traffic stop was unlawful, lacking reasonable suspicion.
• Disputing field sobriety test accuracy: Field sobriety tests are prone to errors. We'll question the procedures used and the officer's interpretations.
• Contesting BAC test results: We scrutinize the accuracy of BAC testing equipment and the procedures followed during testing. Errors in testing can lead to inaccurate results that may not be admissible in court.

What Constitutes Probable Cause for a Traffic Stop?

Police officers must have probable cause to believe you were violating the law before stopping you. This means they must observe specific behaviors, such as erratic driving, that indicate impairment. Our attorney will examine the circumstances of your stop to ensure your rights weren't violated.

Field Sobriety Tests: Sometimes Performed Inaccurately

Field sobriety tests are not perfect and are often subjective. Factors like nervousness, medical conditions, or even the officer's bias can affect the results. We'll look into how these tests were conducted in your case.

Challenging the Accuracy of Blood Alcohol Content (BAC) Tests

BAC testing methods must be precise and accurate through breath, blood, or urine tests. We'll challenge any discrepancies in the testing process or the maintenance of testing equipment that could doubt the reliability of your BAC results.

The Rising BAC Defense

Your BAC level continues to rise even after you stop drinking. We can argue that your BAC was below the legal limit while you were driving but increased by the time the test was administered.

Aggravated DUI Arrest and Charges: The Steps

1. Traffic stop. The officer must have a valid or probable cause to stop you.
2. Observation and testing. After stopping you, the officer will observe your behavior and may conduct field sobriety tests or a preliminary breath test.
3. Arrest. If the officer believes there's enough evidence, you will be arrested for aggravated DUI.
4. Booking. Following the arrest, you'll be booked at the police station, where your information and fingerprints are taken.
5. Formal charges. The prosecutor or district attorney will parse the evidence and decide on the specific charges to file against you.
6. Arraignment. You'll hear the charges against you at your arraignment and enter a plea.
7. Case proceedings. Your case will then proceed through the legal system, potentially including pre-trial motions, negotiations, and possibly a trial.

Factors Determining Your Bail

• Criminal history. Your criminal record, especially prior DUIs, will influence your bail amount.
• Flight risk. Your bail could be higher if the court thinks you might flee before trial.
• The severity of the offense. The more severe your aggravated DUI charge, the higher the bail might be set.
• Employment Status. Being employed might result in a lower bail, as it indicates stability.
• Community Ties. Strong ties to the community can also positively affect your bail, suggesting you're less likely to flee.

The Importance of an Early Defense Strategy

Starting your defense early gives you the best chance for a favorable outcome. An early defense allows us to gather evidence, interview witnesses, and develop a comprehensive strategy. It also means we can begin negotiations with the prosecutor sooner, potentially leading to reduced charges or a case dismissal.

Preparing for Court: Plea Deals vs. Trial

Deciding whether to accept a plea deal or go to trial is a critical decision. A plea deal might offer a guaranteed outcome with reduced penalties, but going to trial could result in acquittal. Our attorney will guide you through this decision-making process, weighing the strengths and weaknesses of your case.

Sentencing: Aggravating and Mitigating Factors

• Prior DUI convictions. A prior felony conviction will likely result in harsher penalties.
• BAC level. A higher BAC at the time of arrest can lead to more severe sentencing.
• Endangerment. If your felony or misdemeanor DUI resulted in an accident or endangered others, your sentence might be more severe.
• Cooperation with law enforcement. Being cooperative during your arrest can be a mitigating factor.
• Completion of a DUI education program. Completing a DUI education program before sentencing can also mitigate your penalties.

What About a Diversion Program?

Diversion programs offer an alternative to traditional sentencing, focusing on rehabilitation rather than punishment. Eligibility for a diversion program depends on several factors, including your case's specifics and criminal history. These programs often involve education, counseling, and community service.

How Genesis DUI & Criminal Defense Lawyer Can Help Fight Aggravated DUI Charges

At Genesis DUI & Criminal Defense Lawyers, we understand the complexity of aggravated DUI charges and the impact they can have on your life. Our Arizona aggravated DUI attorney is committed to providing a strong defense tailored to the specifics of your case. We'll explore every avenue to protect your rights, from challenging evidence to negotiating with prosecutors.

With our legal team on your side, you can feel confident that your case is being handled with the proficiency and dedication it deserves. We're here to guide you through each step of the process, ensuring that you're informed and prepared for what's ahead. Our goal is to achieve the best possible outcome, whether that means fighting for a case dismissal, reduced charges, or presenting a strong defense at trial.

We understand the stress and uncertainty that come with facing aggravated DUI charges. That's why we're dedicated to offering legal representation, support, and guidance through this challenging time. With Genesis DUI & Criminal Defense Lawyers, you're not just getting an attorney; you're gaining a team committed to defending your freedom and future.

Connect With Our Arizona Aggravated DUI Attorney at Genesis DUI & Criminal Defense Lawyers

If you or someone you love is facing aggravated DUI charges, it's important to act swiftly and secure experienced legal representation. Our Arizona aggravated DUI attorney is ready to help you navigate the complexities of your case and fight for your rights.

Felony DUI and aggravated DUI cases are always complicated. Prior felony convictions can raise the stakes even more, leading to enhanced aggravated DUI penalties. For these reasons, if you are facing felony aggravated DUI charges, contact us as soon as possible for a case consultation.

Have you been charged with aggravated criminal damage to Arizona's public or private building? If so, you need our Arizona criminal damage attorney to defend you.

At Genesis DUI & Criminal Defense Lawyers, we know the serious nature of an aggravated criminal damage charge. Our Phoenix criminal damage attorney is ready to defend your rights and protect your freedom.

Criminal property damage in Arizona is prosecuted vigorously. You do not want to leave anything to chance, as a criminal damage conviction could change your life forever. Learn more about aggravated criminal damage charges below. Then, contact our experienced criminal defense lawyer to schedule a free consultation.

Our Arizona Criminal Damage Attorney Can Defend Your Rights

Facing charges of criminal damage in Arizona can be a daunting experience that threatens your freedom and future. Our Arizona criminal damage attorney is well-versed in state laws and has a strong track record of defending clients.

We understand the intricacies of the legal system and how overwhelming it can be for someone accused of a crime. We aim to provide a strong defense that protects your rights and aims for the best possible outcome.

We approach each case with a detailed strategy tailored to the specifics of the charges and the evidence presented. Our legal team works tirelessly to challenge the prosecution's claims and ensure your side of the story is heard clearly and persuasively.

By leveraging our extensive knowledge and experience, we aim to reduce or dismiss the charges against you. Trust our firm to navigate these complex legal waters with the utmost dedication to your case.

Criminal Damage Attorney in Arizona

A person commits criminal damage by carelessly ruining another person's property, drawing graffiti on anything other than the ground without permission from the owner, or recklessly tampering with utility property. An example of a utility property would be the property of a gas or electric company.

A person may also commit criminal damage by carelessly parking a vehicle in a manner that blocks livestock from the only reasonable source of water.

Examples of Criminal Damage

• Vandalism: This involves intentionally damaging property, like graffiti on walls or breaking windows. Vandalism can lead to criminal charges, especially if the destruction is significant. Our attorneys help argue against the intent or scale of the damage claimed.
• Defacing public or private property: If someone paints or marks another's property without permission, it's considered defacing. Defacing property can include spray painting a bridge or carving into a bench. We can challenge these allegations by questioning the evidence or the identification of the accused.
• Vehicle tampering: Tampering with someone else's vehicle, whether by slashing tires or breaking mirrors, falls under criminal damage. Such actions result in charges and can lead to claims for substantial compensation. Our team works to mitigate these issues through legal defenses and negotiations.
• Damage to utility property: Damaging utility fixtures such as water, gas, or electrical systems is a serious offense. This type of criminal damage can have widespread consequences and severe penalties. We focus on reducing the impact of such charges by proving a lack of intent or disputing the extent of the alleged damage.
• Breaking and entering damage: This occurs when someone illegally enters a property and causes damage during the process. It could be breaking a lock, door, or window. Our defense strategies often involve disproving the presence or intent of the accused at the scene.

What You Should Do If Charged With Criminal Damage in Arizona

1. Do not admit guilt or discuss the incident with anyone but your attorney.Anything you say can be used against you in court.
2. Contact a qualified criminal defense attorney immediately. A skilled lawyer can guide you through the legal process and protect your rights.
3. Document everything related to the incident. Keep track of any evidence, such as photos or videos, supporting your case.
4. Follow all legal advice and court orders. This includes appearing on all scheduled court dates and following the restrictions set by the court.
5. Request a copy of the police report. This document contains details about the allegations and evidence against you.
6. Avoid any contact with the victims. Interaction could be misinterpreted and used to further the case against you.
7. Prepare for your defense. Work closely with your attorney to gather evidence and formulate a strategy.

Penalties for Criminal Damage in the State of Arizona

Criminal damage valued at less than $250 and unrelated to gang activity is a class 2 misdemeanor, punishable by up to four months in jail and fines of up to $750. Criminal damage is a class 1 misdemeanor if a person causes $250 to $1,000 in damages to the property of another. For a class 1 misdemeanor, a person may be sentenced to a maximum of up to six months in jail and fined up to $2,500.

Criminal damage is a class 6 felony if a person causes $1,000 to $2,000 in damages to another person's own personal property. A class 6 felony is punishable by up to two years in prison.

Criminal damage is a class 5 felony if a person causes $2,000 to $10,000 in damages to the property of another or if the damage caused is linked to gang activity. A class 5 felony is punishable by six months to 2.5 years in prison.

Criminal damage is a class 4 felony if a person causes $10,000 or more in damages to property of another person's property. It is also a class 4 felony to cause $5,000 or more in damages to utility property or damage it in a way that causes a safety hazard. A class 4 felony is punishable by one year to 3.75 years in prison.

For any felony conviction, a person may also face fines of up to $150,000.

How To Get Your Case Dismissed

Achieving a case dismissal requires a strong defensive strategy and an understanding of the legal grounds for dismissal without criminal intent.

Our team thoroughly investigates each case to identify any procedural errors or rights violations that could lead to dismissal. We scrutinize the prosecution's evidence to find flaws or inconsistencies. Our proactive approach can substantially increase the chances of your charges being dropped.

In addition to challenging the prosecution's case, we explore alternative resolutions. This may include negotiating for lesser charges or qualifying for a diversion program, which could ultimately lead to a dismissal.

We focus on protecting your reputation and minimizing the impact of the charges on your future. We are committed to providing a defense that fights for dismissal and safeguards your long-term interests.

Should You Take a Plea Bargain?

Deciding whether to accept a plea bargain is a critical decision that should not be made without thorough legal advice. A plea bargain can offer a quicker resolution and potentially lighter penalties than a trial, but it also requires you to plead guilty to a charge.

Our attorneys provide clear, straightforward advice on the benefits and risks associated with plea bargains. We ensure you understand all your options so you can make an informed decision.

It's important to consider how a plea bargain could affect your future, such as potential employment consequences or legal records. Our firm evaluates every angle of your case, including the strength of the evidence against you and the likelihood of achieving a better outcome at trial.

We cover the long-term impacts of criminal acts and negotiate the most favorable terms possible if you decide to accept a plea. We stand by your side, ensuring your rights are protected.

You Need a Criminal Defense Attorney To Protect Your Rights

A seasoned criminal defense attorney with knowledgeable legal representation is essential when charged with criminal damage in Arizona. Our legal team is dedicated to defending your rights and achieving the best outcome.

We employ our deep criminal law knowledge and tactical defense strategies to challenge the charges against you. Our firm is committed to working relentlessly on your behalf every step of the way.

In our continuous effort to defend your freedom, we maintain open and honest communication, keeping you informed and involved. We understand the stress and uncertainty that criminal charges bring, and we strive to make the legal process as clear and manageable as possible.

We minimize the potential penalties and prevent the charges from disrupting your life. Trust in our expertise and dedication to fight for your rights and future.

Contact Us For a Free Consultation with Our Arizona Criminal Damage Attorney

Have you been accused of being a member of a criminal street gang? Criminal damage charges are always serious. It would help if you had the strongest criminal damage defense lawyer possible. We are ready to defend your rights at Genesis DUI & Criminal Defense Lawyers.

We are located in Arizona and offer a free legal consultation. Our criminal defense lawyer in Arizona is ready to discuss your criminal charges. Contact us today to schedule a free case consultation.

Genesis Criminal Law in Mesa

3707 E Southern Ave Mesa, AZ 85206

(480) 405-1847

All initial consultations are free, and we will help you quickly determine what to do with your pending criminal charges. Our criminal damage attorneys and staff are friendly and understanding of your situation.

We can help you if you have been arrested and charged with any of the following crimes in Arizona:

• Domestic Violence
• Assault
• Indecent Exposure
• Public Sexual Indecency
• Criminal Trespass First Degree
• Criminal Trespass Second Degree
• Criminal Trespass Third-Degree
• Theft
• Prostitution
• Disorderly conduct

Criminal Damage Attorneys Near Me

Genesis Criminal Law has criminal damage attorneys in convenient locations across Maricopa, Pinal, and other counties in Arizona. Visit our web page for each of these cities for more specific information:

• Mesa, AZ
• Gilbert, AZ
• Surprise, AZ
• Peoria, AZ
• Chandler, AZ
• Queen Creek, AZ
• Pinal County, AZ
• Scottsdale, AZ

Have you been accused of first degree trespassing, second-degree criminal trespass, or third-degree criminal trespass? If so, you need an Arizona criminal trespass attorney as soon as possible.

At Genesis DUI & Criminal Defense Lawyers, we have the experience necessary to defend your rights. We use our knowledge of criminal trespass laws to advocate on your behalf.

We are ready to review the allegations of the law enforcement officer, negotiate with the prosecution, and fight for your rights. Learn more about allegations of criminal trespass below. Then, contact us to schedule a free consultation.

Our Arizona Criminal Trespass Attorney Provides The Strong Defense You Deserve

Facing criminal trespass charges in Arizona can have serious consequences, but you can fight these charges effectively with the right defense.

Our Arizona criminal trespass attorney has extensive experience and a deep understanding of state laws governing such trespassing charges. We provide vigorous representation, ensuring that your side of the story is heard and your rights are protected throughout the legal process. Our team is committed to dismantling the prosecution's case, using every available legal tool to defend your freedom.

We understand the stress and uncertainty of being accused of criminal trespass. Our approach involves a comprehensive review of your case's circumstances, including how and why you were on the else's property.

By focusing on the specifics of your situation, we develop tailored defense strategies that address the nuances of your case. Our firm prides itself on delivering personalized attention and aggressive legal advocacy to secure the best possible outcomes for our clients. Reach out to us with any questions you might have. We are always here to help you.

What Defines Criminal Trespass in the First Degree?

Criminal trespass in the First Degree is defined under A.R.S. 13-1504.

A person commits criminal trespass in the first degree by either knowingly entering intentionally doing the following things:

1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard or a fenced commercial yard.
3. Entering any residential yard and looking into the residential structure without lawful authority, thereon in reckless disregard of infringing on the inhabitant's right to privacy.
4. Entering unlawfully on real property subject to a valid mineral claim or lease with the intent to hold, work, take, or explore for minerals on the claim or lease.
5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating, or otherwise desecrating a religious symbol or another religious property of another without the express permission of the property owner.
6. Entering or remaining unlawfully in or on a critical public service facility.

Criminal trespass in the first degree occurs when a person enters or remains in a residential building (apartment or house) or fenced-in residential yard without permission.

It is also against the law to enter or remain in certain public service buildings without permission. Remember that criminal trespass can also be considered criminal trespass and be charged in the second or third degree.

Examples of Criminal Trespass

Criminal Trespass is defined under Chapter 15 of Title 13 of the Arizona Revised Statutes. It is committed when a person "knowingly" enters or remains unlawfully on any real property (land, building human residence, etc.).

Criminal trespass can also be committed when a person is given a reasonable request to leave the property by law enforcement, the owner, or a person having lawful control of the property and knowingly remains unlawfully on the property.

Burglary is committed when a person commits criminal trespass and intends to commit a felony or theft on the person's property in question.

How To Respond To Allegations of Criminal Trespass

1. Remain calm and do not resist if you are being detained. Resisting arrest can lead to additional charges and complicate your situation.
2. Avoid discussing the details of the incident with police or property owners. Anything you say can be used against you in court. It is important to stay silent until you can speak to your attorney.
3. Contact an experienced criminal trespass attorney as soon as possible. A qualified lawyer can provide the guidance and representation you need to navigate the charges.
4. Gather any evidence that supports your version of the events. This could include photographs, receipts, or witness statements.
5. Do not return to the property where the incident occurred. Returning can aggravate the situation and may lead to further legal action.
6. Follow all legal advice and court orders. This includes complying with any no-contact orders or other conditions the court sets.
7. Prepare for your defense by working closely with your attorney. Please provide them with all relevant information so they can build a strong case on your behalf.

Penalties for Criminal Trespassing in the First Degree

Criminal Trespassing in the First Degree can be punishable as a Class 5 or Class 6 Felony if committed inside a residential structure or on the private property, of another to deface (destroy) a religious property or a critical public services facility. Any other type of criminal trespass charge is a misdemeanor.

• Class 5 Felony is punishable between 1/2 to up to 2.5 years in prison. It may be eligible for probation and up to one year in county jail.
• Class 6 Felony is punishable between 1/3 and up to two years in prison. A Class 6 Felony may be eligible for probation with up to one year in jail.
• Class 1 Misdemeanor - punishable by up to six months in jail.
• Class 2 Misdemeanor - punishable by up to four months in jail.
• Class 3 Misdemeanor - punishable by up to 30 days in jail.

You Need Our Criminal Trespass Attorney In Your Corner as Soon as Possible

If you're facing criminal trespass charges, having our attorney in your corner can make a substantial difference in your case. We immediately start working on your defense, ensuring that every legal angle is explored to protect your rights.

Our proactive approach includes challenging the prosecution's evidence and presenting any facts that may mitigate the situation. Our expertise and thorough preparation often result in reduced or dismissed charges.

The sooner you involve us in your case, the better your chances of achieving a favorable outcome. We gather and preserve critical evidence, negotiate with prosecutors, make legal defenses, and strategize an effective defense tailored to your case.

Delaying legal representation can jeopardize your defense and, ultimately, your future. Our firm is ready to step in immediately to start defending your rights with the full force of our legal expertise.

Defense Strategies We Can Use To Defend You

• Challenging the evidence of intent. We can argue that there was no intent to commit a crime on the property, an important element of criminal trespass. This strategy involves scrutinizing the circumstances of your presence on the property and your actions while there.
• Questioning the legality of the warning against trespass. If you were not properly warned against entering or remaining on the property, we might challenge the validity of the trespass notice. This includes examining whether the notice was displayed or communicated to you.
• Proving lack of notice. We can demonstrate that you did not receive proper notice of trespassing, either because signs were not visible or the property was not marked as private. This can be a strong defense if you believe you were allowed to be on the property. There must be a reasonable notice prohibiting entry.
• Establishing your right to be on the property. We would present this evidence if you had a legitimate reason or right to be on the property, such as being a public utility worker or having the owner's permission. This might involve bringing witnesses or documentation proving your right to be there.
• Negotiating for reduced charges or alternative resolutions. Depending on the specifics of your case and your legal history, we might negotiate with prosecutors for reduced charges or alternative legal outcomes, such as community service or a diversion program. These alternatives can often result in a more favorable outcome and avoid the repercussions of a criminal record.

Other Types of Criminal Trespassing in Arizona

• Criminal Trespass in the Second Degree
• Criminal Trespass in the Third Degree

Contact Us For a Free Consultation with Our Arizona Criminal Trespass Attorney

We are ready to defend your rights at Genesis DUI & Criminal Defense Lawyers. We have handled countless cases just like yours.

We can use our network, experience, and resources for a strong criminal defense attorney. We are located in Arizona with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer about your criminal charges.

Do not wait to start defending yourself. Contact us today to schedule a free consultation with our legal team. It would be our honor to take your case.

Public sexual indecency is a serious crime in Arizona. The public sexual indecency statute is clear. The laws surrounding sexual acts are based on what a reasonable person would expect. A misdemeanor or felony conviction for an indecent sexual act could change your life forever.

If you have been accused of inappropriate sexual acts, including sexual intercourse, we can defend you. At Genesis DUI & Criminal Defense Lawyers, we always put your rights first. Learn more about public indecency below. Then, contact us for a free case consultation.

Our Arizona Public Sexual Indecency Attorney Defends Your Rights

Public sexual indecency is when a person has voluntary sex or sexual contact, and another person is around who may be offended. This includes oral sex, intercourse, and any sexual touching. The law also includes situations where a person has sex with an animal while another person is present.

Public sexual indecency to a minor is where a person engages in the same sort of sexual activity but without a care as to whether a child 15 years or younger is around.

Public Sexual Indecency Is Prosecuted Vigorously in Arizona

In Arizona, public sexual indecency charges are taken very seriously and prosecuted aggressively. This offense typically involves engaging in sexual acts where others are present who might be offended or alarmed by the actions. The law aims to maintain public decency and protect citizens from exposure to unwanted sexual behavior in public spaces.

If you are charged with public sexual indecency, it's important to understand the gravity of the accusation and the potential impact on your reputation and freedom.

These charges can lead to legal penalties, including fines, imprisonment, and mandatory registration as a sex offender. The consequences extend beyond the courtroom, affecting your relationships, employment opportunities, and standing in the community.

Our law firm is committed to providing a strong defense for individuals accused of public sexual indecency, understanding the sensitive nature of the charge. We approach each case with the discretion and seriousness it warrants to protect your rights and achieve the best possible outcome.

Examples of Public Sexual Indecency

• Exposure in a public place. Engaging in indecent exposure, such as revealing one's genitals in a park or other public space or having sexual intercourse, can lead to charges of public sexual indecency. This act is considered offensive to public decency and can alarm bystanders.
• Sexual acts in a vehicle. Performing sexual acts in a car parked in a public area where passersby can see inside is another form of public sexual indecency. Even if the participants believe they are hidden, visibility from outside can result in legal charges.
• Inappropriate behavior at public events. Engaging in explicit sexual behavior at public events, such as concerts or festivals, where others can observe such actions, qualifies as public sexual indecency. Despite the crowd or chaos, these environments do not shield one from legal repercussions.
• Nudity on public beaches. While some beaches allow nudity, on most public beaches, displaying nudity or engaging in sexual activities is illegal and can be charged as public sexual indecency. Knowing local laws regarding beach behavior is important to avoid unintentional offenses.
• Acts visible from private property. Committing sexual acts in private property areas like backyards or through open windows that are visible to the public or neighbors can also result in charges. This situation often leads to complaints from the community, prompting legal action.

Steps To Take If Accused of Public Sexual Indecency

1. Remain silent until you can speak with an attorney. Do not discuss the incident with police beyond identifying; anything you say can be used against you.
2. Contact a qualified defense attorney immediately. An experienced lawyer who understands the nuances of such cases can offer you the best chance of a favorable outcome.
3. Document everything you remember about the situation. Note the location, time, potential witnesses, and any other details that might support your defense.
4. Avoid discussing the case with anyone but your lawyer. Conversations about your case with others can accidentally harm your defense.
5. Follow all legal advice and court requirements. Attend all required court appearances and comply with any temporary orders.
6. Stay off social media.  Please do not post anything about your case online, as it could complicate your legal strategy.
7. Prepare for your defense. Work with your attorney to gather evidence and witness testimonies that may help your case.

Penalties for Public Sexual Indecency in Arizona

Public sexual indecency is generally a class 1 misdemeanor, meaning a person convicted of the crime could spend up to 6 months in jail and could be fined up to $2,500. Public sexual indecency to a minor is a class 5 felony punishable by up to 2.5 years in prison and fines up to $150,000.

For those convicted of felony public sexual indecency who already have at least two other felony public sexual indecency and/or indecent exposure convictions under their belt, the crime is punishable by six to 15 years in prison.

Prior felony convictions can substantially increase the penalties you face. If you face a public sexual indecency charge, contact us today.

How We Can Defend You

Our defense strategy will be tailored specifically to the circumstances of your case and the evidence presented against you. Some of the strategies we might use include:

Challenging the Witness's Credibility

One effective defense strategy involves challenging the credibility of witnesses claiming to have observed the alleged indecent act. We can question inconsistencies in their testimonies or their ability to see the events.

Establishing doubt about the reliability of witness accounts can weaken the prosecution's case. We aim to ensure that every testimony is scrutinized for accuracy and bias.

Proving Lack of Intent

We can argue that there was no intent to commit an indecent act, especially when the act could have been misconstrued. Proving that any exposure or behavior was accidental or unintentional can be a valid defense. This strategy demonstrates the absence of a motive to engage in public indecency. Establishing a context supporting a lack of deliberate intent is important.

Establishing Privacy Expectations

If the incident occurred in a location where you had a reasonable expectation of privacy, we could use this to defend against the charges.

For example, if the sexual act took place in a privately owned space that was not intended to be public, this could form the basis of your defense. We will gather evidence to show that you did not anticipate public exposure. Demonstrating that you took steps to ensure privacy can help mitigate the charges.

Negotiating Lesser Charges

If the evidence against you is substantial, negotiating for lesser charges may be a practical approach. We can work with the prosecution to reduce the charges to a less severe offense, potentially avoiding the harsh penalties associated with public sexual indecency. This might involve plea negotiations that result in reduced fines or alternative sentencing options.

Should You Take a Plea Bargain?

Deciding whether to accept a plea bargain when facing charges of public sexual indecency involves careful consideration. A plea bargain can sometimes offer a more predictable outcome than going to trial. It might reduce your penalties or change the charge to a less severe offense.

However, it also means admitting to a crime, which can have lasting effects on your reputation and legal record. You should thoroughly discuss all the implications of a plea deal with your attorney. They can help you understand the long-term consequences, including how it might affect your employment or personal life.

If this route is chosen, your lawyer will negotiate the best possible terms for your plea bargain. Ultimately, the decision should be based on a detailed understanding of your case and personal circumstances.

Can You Get My Case Dismissed?

Getting your case dismissed is an ideal outcome, and it is sometimes possible with a strong defense strategy. We will review the evidence meticulously, looking for any procedural mistakes or violations of your rights that could justify a dismissal.

If we prove the evidence is insufficient or the police conducted an unlawful arrest, the charges against you might be dropped. We commit to exploring every legal avenue to fight for a dismissal or the best possible outcome in your case.

Contact Us For a Free Consultation with Our Arizona Public Sexual Indecency Attorney

Public sexual indecency charges are serious. You do not want to be forced to register as a sex offender.

At Genesis DUI & Criminal Defense Lawyers, we defend your rights and protect your freedom. We are located in Arizona, with locations across the East Valley and offer a free legal consultation with a criminal defense lawyer about your criminal charges. Contact us today to schedule an appointment.