Hire Legal Help For Aggravated DUI Cases in Mesa

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In Arizona, an aggravated DUI is a felony charge with severe penalties. This is charged when someone gets a DUI with a suspended or revoked license, has their third DUI in 7 years, gets a DUI with a child under 15 in the car or a DUI while an ignition interlock device is installed in the vehicle. If you’re charged with aggravated DUI in or around Mesa Arizona, you need to contact a DUI attorney from Shah Law Firm PLLC immediately.

Penalties Associated with Aggravated DUI

Sentencing for an aggravated DUI can range from four months to four years in jail. An aggravated DUI can also result in hefty fines (up to $4,600) and a three-year license suspension. The penalties are harsher if you’ve had a prior DUI conviction, with a minimum jail sentencing of two years and up to seven years in prison. For two or more prior convictions, the minimum jail sentence is six years and up to 15 years. This makes it extremely important to hire an experienced DUI attorney to represent you in your aggravated DUI case.

What Our Expert Legal Team Can Do for You

At Shah Law Firm PLLC, we offer personalized legal representation that is important for the best results. We employ effective defense strategies to help to get reduced sentencing. Our legal specialists will also keep you abreast of any updates with your case and speak on your behalf at all legal proceedings.

Call to Schedule a consultation Today in Mesa, Arizona

When you need legal representation regarding an aggravated DUI charge in or around Mesa, it’s important to call Shah Law Firm PLLC. We offer no-cost legal consultations to discuss your case and to help you to understand the legal process ahead. To schedule this important meeting, call our Arizona law firm at (602) 888-0369 today. We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

Get Back on Track After a DUI Conviction

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If you were arrested and charged with Driving Under the Influence (DUI), contact an attorney as soon as possible to help build your case and attempt to reduce or remove the charges from your record. If you have already been convicted of a DUI, you may feel as if your life is permanently scarred, and that you will never get back on track. While a DUI is very serious, you have options to rebuild your life after either your sentence or a fine you had to pay, or both. Here are some steps you can take to move your life in a positive direction.

Rehabilitation

If you actually received a DUI conviction with jail time, you may not be a first-time offender. If this is the case, you should determine if you truly have a substance abuse disorder. DUIs are often a symptom of a greater problem, which is a compulsive addiction to either drugs or alcohol, or both. If this sounds true for you, please consider seeking professional help. Rehabilitation options are available in out-patient and in-patient settings.

Professional Help

Perhaps you feel as if you do not need an actual in-patient or out-patient rehabilitation center. If you still feel you struggle with alcohol or drugs, consider visiting a professional therapist, counselor, join an Alcoholics Anonymous group, another recovery program, or visit with a professional who specifically deals with addiction issues.

Ignition Interlock Device

Oftentimes, an ignition interlock device will be mandated by the court for those who are convicted of a DUI. This device requires a driver to prove that he or she had no alcoholic drinks by blowing into it before the car will start. While these devices are only required for a certain period of time, it is interesting that they are associated with a 70% reduction in DUI arrest rates. Consider keeping your ignition interlock device in your car, even after the court mandate is over, as an insurance policy for you and others that you will be safe.

Find New Interests

It may seem silly and trite to say you should find a hobby. However, it has been proven that when people are trying to get their lives back on track, finding a new activity to give them purpose can actually help them heal emotionally more quickly. If you find a hobby that you can do instead of drinking, such as training to run a 5k, it will make you physically and emotionally healthier.

Strong Support Network

Your family and friends should be your support system. If you were surrounded by people who made poor choices in the past, take this time to create a new group of friends who do not drink or do drugs. Find the people who will be your biggest cheerleader and help you on the road to recovery as you get your life back on track.

Contact a DUI Attorney

If you were arrested and charged with a DUI, contact Arja Shah. She is an experienced criminal defense lawyer in Phoenix, AZ who can review your arrest and charge for DUI. She can help you with your case so you can get your life back on track after a DUI. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Reasons to Appeal a Criminal Case

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If you were charged and convicted of a criminal offense, you still have legal options. You have the legal right to an appeal, which would ultimately be investigating the court’s legal basis for their decision in your case. Errors in judgment are made in courts of law, and if you were denied the right to a fair trial due to factual or other types of errors, you would have the right to appeal your conviction. The types of reasons you may have to appeal a criminal case are listed below.

False Arrest

If you were falsely arrested without probable cause by law enforcement, you may have the right to appeal your conviction. If you were arrested without a warrant or under circumstances that would not include any legal warrant exceptions, then you may have the right to appeal your criminal case conviction.

Evidence

There are two instances where issues with evidence could allow for an appeal.

  • Inaccurate Evidence. Both sides have the right before a trial to view each other’s evidence, and decisions are made regarding what evidence is allowable in a court of law in your unique case. If proper evidence was excluded, or improper evidence was allowed, you may have the right to an appeal.
  • Lack of Adequate Evidence. The prosecutor has the responsibility to establish that you committed each criminal offense beyond a reasonable doubt. If there is inadequate or inaccurate evidence, the jury may not have had the information needed to correctly make a determination. While difficult to prove, you may be able to appeal on the basis of inadequate or inaccurate evidence in your criminal case.

Jury Instructions

A jury is always provided instructions by the judge before their deliberation. These instructions tell them how to handle all of the applicable law in your particular case and are called jury instructions. If the judge in your case provided incorrect, incomplete, or somehow inaccurate instructions to the jury regarding the laws, how they should be applied, or which do not include all laws applicable to your criminal case, you may be able to appeal your conviction.

Juror Misconduct

The law requires that jurors must follow strict rules that are designed to ensure that they reach an impartial decision. Juror misconduct occurs when a juror acts inappropriately regarding his or her decision in a criminal case. These instances are fairly common and typically include scenarios in which jurors communicated inappropriately with other jurors, attorneys, or witnesses.

Sentencing

If you were charged and convicted of a criminal offense, you will have gone through the sentencing process, which determines your punishment. This phase of a criminal trial is complex, and several factors are taken into account, including previous convictions, the severity of the crime, and other circumstantial evidence. Judges must follow specific legal rules exactly, or there can be errors during the sentencing phase. If this occurs, then you may have the right to an appeal.

Contact Experienced Criminal Attorney Today

The criminal appellate process is legally complex. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your original criminal case, and explain your appeal options to you. Contact Arja Shah by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Why You Need Extreme DUI Charges Defense in Scottsdale

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Arizona is home to some of the harshest penalties when it comes to DUI across the nation. As such, even a first-time extreme DUI conviction can ruin your life. Without proper DUI charges defense representation, you could face maximum penalties for this crime. At Shah Law Firm LLC, we have a proven track record of success and years of experience defending individuals facing different types of DUI, and getting them the results they need.

Understanding Extreme DUI Charges

In Arizona, the severity of a DUI is based solely on your blood alcohol content. Anyone suspected of driving over the legal limit of .08 can be arrested and charged with DUI. An extreme DUI is characterized by a BAC between .15 and .20. A DUI with this BAC is classified as a misdemeanor under Arizona DUI laws. Minimum jail time for first-time extreme DUI convictions is 30 days. Anyone convicted of an extreme DUI will also have their license suspended for 90 days and have an ignition interlock device installed once their license is reinstated, which must be used in the vehicle for a year. Fines can lead up to over $2,700.

Why You Should Hire Extreme DUI Charges Defense Help in Scottsdale

When it comes to charges as serious as an extreme DUI, you need experienced legal representation on your side. At the Shah Law Firm PLLC, we have years of experience defending DUI clients and understand the process of filing motions, court documents, and beating deadlines by the judge. We also understand how to closely examine a case to devise strong defenses that help clients get reduced or dropped charges.

To schedule a no-cost legal consultation with our extreme DUI charges defense team to discuss your extreme DUI case, call our Scottsdale, Arizona office at (602) 888-0369 today.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

First Offense DUIs in Arizona

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Arizona statutes prohibit driving while under the influence (DUI) of any intoxicating substance, which would include alcohol, drugs, legally obtained prescription medications, or other substances that would impair judgment. If you impaired at all while operating a motor vehicle, you will likely be subject to severe punishment in the state of Arizona. Arizona has some of the strictest consequences for DUIs. If you have been arrested or charged with your first DUI offense in Arizona, it is important to know your rights as well as the likely consequences you may be facing.

Penalties for a First Offense

According to the state of Arizona, if you are found operating a motor vehicle with a Blood Alcohol Concentration (BAC) above 0.08%, then you may be found guilty of a DUI. While there is no exact test for drugs, a police officer can make the determination regarding impaired judgment through a series of tests that will assess mental ability, coordination and cognitive ability. If you show any kind of impairment due to an intoxicating substance, you will be given a DUI, which is a Class 1 misdemeanor.

The following penalties are applied to a first time DUI offender in the state of Arizona:

  • Minimum of 24-hour jail sentence up to a six-month jail sentence
  • Minimum $250 fine up to $2500
  • Driver’s license suspension from 90-360 days
  • Installation of an Ignition Interlock Device on your car at your own expense. (This device prevents you from driving your vehicle without blowing into the device first to prove sobriety.)
  • Potential three-year probation
  • Potential community service
  • Potential alcohol/drug assessment and educational classes

How Long Does a DUI Stay on Your Record

A DUI will stay on your record permanently. However, there is a seven-year lookback period in the state of Arizona. This means that if you have any future DUIs, the first conviction for a DUI will be used to influence any subsequent DUI criminal cases within that seven-year period. If seven years pass without any DUI on your record, the next DUI you receive could be considered as a first offense again.

Aggravated DUI in Arizona

As a first offense DUI, you can still be convicted of an aggravated offense if you had a minor child under the age of 15 in your car. If you drive with a child under the age of 15 in your car as an intoxicated driver, it is considered a Class 6 felony according to Arizona Statute 28-1383.

Additionally, if you had a BAD of 0.15% or higher it is considered an Extreme DUI. A BAC of 0.20 or higher is considered a Super Extreme DUI. These criminal charges bring with them even harsher penalties and consequences, even as a DUI first offender.

Contact an Experienced Attorney

While some of the penalties for a first DUI offense are required, an experienced attorney will be able to offer certain plea bargains to the court. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your first offense DUI case, and explain your options to you. Contact Arja Shah today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Arizona Assault Laws

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In the state of Arizona, an aggravated assault is considered a Class 3 or Class 4 felony. There are several circumstances that can elevate a simple assault to the level of aggravated assault, including:

  • Serious physical injury or disfigurement occurred to another person (this can include using an automobile to cause these severe injuries).
  • Committing an assault on anyone in law enforcement, a teacher, firefighter, prosecutor, health care provider, or prison guard.
  • Any person over the age of 18 committing a simple assault or misdemeanor on a child younger than 15 years of age.
  • Using a deadly weapon such as a gun or a knife to place someone in immediate and imminent fear of serious bodily harm.
  • The assault occurred against a person who was restrained.
  • The assault occurred after entering a private residence of a victim.

Additional circumstances that will impact the length or severity of your sentence will include any past criminal history, and how severe the assault was in this case. Other instances such as causing a public inconvenience such as making a phone call or statement that causes a building evacuation can also be considered an assault. Finally, even just intimidating words or threatening actions can be considered an assault and can result in arrest, charges, and a possible conviction.

Contact an Experienced Attorney Today

Assault charges are a serious matter, and your permanent record and even freedom can be seriously affected. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your assault case, and explain your options to you. She can fight for your rights, and provide you with strong representation in your criminal case. Contact Arja Shah today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Expert Prescription Drug DUI Defense in Apache Junction, Arizona

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In Arizona, you can be prosecuted for driving under the influence of legally-prescribed medication. When this happens, you need an experienced prescription drug DUI defense attorney from The Shah Law Firm to represent you. We have years of experience with these types of charges, understand prescription drug DUI laws in Arizona, and can uphold them in all legal proceedings.

Prescription Drug DUI Charges in Arizona

There are two different misdemeanor prescription drug DUI charges in Apache Junction, Arizona. The first is driving with an illegal drug in one’s body. This means that it is illegal to drive with any type of drug. This is a strict liability crime, meaning that it doesn’t matter if someone was impaired or not, but rather, that they had a drug in their system at all. The second charge is known as Impairment to the Slightest Degree. This makes it illegal to drive while impaired by drugs or alcohol or a combination. The state has a zero tolerance DUI charge, which prohibits driving under the influence in any way.

Penalties for Prescription Drug DUI Charges in Apache Junction

Penalties associated with prescription drug DUI charges in Apache Junction include a 90-day license suspension, up to five years of probation, a mandatory interlock ignition device for six to 12 months, drug or alcohol counseling, community service, and up to 180 days in jail. Whatever the details of your case are, our experienced prescription drug DUI defense attorney from The Shah Law Firm PLLC can help you.

Schedule a Free Legal Consultation with an Experienced Prescription Drug DUI Defense Attorney in Apache Junction Today

Having a prescription medicine in your system isn’t a viable defense in or around Apache Junction. As such, our job as your prescription drug DUI defense attorney is to prove that the medication didn’t impair your driving in any way. Proving such can lead to reduced or dismissed charges. To schedule a free legal consultation with The Shah Law Firm PLLC, call us at (602) 888-0369 today.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, AZ.

Aggravated Domestic Violence Penalties in Arizona

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The state of Arizona takes domestic violence seriously and imposes harsh penalties on those convicted of violent and criminal activity within a domestic dispute. However, if a person has been previously convicted of a domestic violence charge, subsequent charges can be even more severe.

Aggravated Domestic Violence

Aggravated Domestic Violence is when a person has already been convicted at some point of a Domestic Violence Statute in Arizona. The charge of Aggravated Domestic Violence occurs after previous convictions and is a way that the state of Arizona can more severely punish those repeat offenders.

The law Arizona under Statute 13-3601.02 states that if a person is convicted of a third or subsequent violation of the Domestic Violence Statute within the past seven years, he or she can be charged with Aggravated Domestic Violence.

The penalties associated with Aggravated Domestic Violence are severe and include the following:

  • Conviction with Two Prior Domestic Violence Convictions: Range of four months to two and a half years incarceration
  • Conviction with Three Prior Domestic Violence Convictions: Range of eight months to two and a half years incarceration
  • Conviction with One Historical Felony Conviction: One to three and three quarters years in prison
  • Conviction with Two Historical Felony Convictions: Three to seven and a half years in prison

Oftentimes, in these cases, the prosecutors will want to ensure that the penalty involves some sort of incarceration.

Possible Defenses to Aggravated Domestic Violence

If you have been arrested and charged with Aggravated Domestic Violence, there are some possible defenses that exist.

  • Miranda Rights Violation. If the police officers did not read you your Miranda Rights, then it is possible that this violation by law enforcement can remove the charge, or mitigate the charge.
  • Self-Defense. If you were acting out in self-defense, then you were not the actual aggressor in the case. If you were protecting yourself from an attack and caused an injury that was necessary to ensure self-preservation or protection, you would be able to use self-defense against the charge.
  • Lack of Eyewitness Testimony or Evidence. Many times, these cases can be a he said/she said scenario. An investigation will need to be done regarding 911 calls, surveillance footage, medical records, and possible expert witnesses to help reconstruct the incident and whether there is truly enough evidence for an Aggravated Domestic Violence conviction.
  • Denial of Right to Counsel. Again, if the police officers did not provide you the opportunity to visit with counsel at any time before the interrogation began, this can be a violation of your rights.

These criminal charges are incredibly complex, and seeking the assistance of an experienced criminal defense attorney can help you understand your rights and build possible defenses to your Aggravated Domestic Violence charge.

Contact an Experienced Criminal Defense Lawyer Today

Being arrested and charged with an Aggravated Domestic Violence charge can be overwhelming and terrifying. Arja Shah, is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Attempting to Escape a DUI

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If you are caught by law enforcement driving under the influence (DUI) in the state of Arizona, you may face charges of a misdemeanor up to a felony, depending on if anyone was hurt in an accident, or if you have been charged for a DUI before. However, if you attempt to escape a DUI by outrunning the police, you may be arrested and charged with a class 5 felony.

Arizona’s Unlawful Flight Statute

The state of Arizona has strict laws governing driving under the influence of drugs or alcohol. However, the penalties are even harsher and compounded if a person decides to outrun the police and evade a DUI. If caught, a driver who “willfully flees” or tries to outrun or elude a law enforcement vehicle with flashing lights, a siren blaring, or visible within 500 feet will be guilty of a class 5 felony under Arizona law, along with additional charges such as a DUI, reckless driving, or speeding.

If the driver attempting to outrun the police causes an accident that leads to an injury or death or even endangers any person as he or she is “willfully fleeing,” additional more severe charges can be brought.

Charges for “Willful Fleeing”

The felony charge for unlawful flight in the state of Arizona for first-time offenders depends on the severity of the actions and pursuit that was involved. The five levels of seriousness, as determined by Arizona law from least to most severe, are mitigated, minimum, presumptive, maximum, and aggravated.

The first-offense of a class 5 felony, which can be charged for “willful fleeing” can include a penalty of zero days in jail up to one full year in jail, or prison of six months to two and a half years. If that person has even one other prior conviction, then a prison sentence will be from one year to three and three quarters of a year. If the person has two prior convictions, then the prison sentence will be from three years to seven and a half years.

Defenses for Unlawful Flight

The most common defense that exists to unlawful flight from a police officer is that the driver simply had a “lack of knowledge” that law enforcement was attempting to stop him or her, and did not notice the policer presence. Because this law requires that a driver “willfully” fled from the police, the prosecution will have to prove that the driver was aware that the police officers were following him or her, and then refused to pull over. Loud music, or looking straight ahead are possible defenses to this charge.

The other commonly used defense is “mistake of fact.” This defense admits that the driver saw the police officers, but thought that they were in pursuit of a different driver.

The final defense is that the driver knew that the police officers wanted to pull him/her over, and was simply waiting and looking for a safe space to pull over. As the driver was attempting to find a safe space, the police officers made an incorrect determination that the driver was attempting to willfully flee from law enforcement.

Contact an Experienced Criminal Defense Lawyer Today

Willfully fleeing from the police can mean a class 5 felony offense conviction, along with other criminal charges. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ. Learn your legal options and have strong representation by your side in your criminal case. Contact us today by calling (602) 888-0369 or by sending a message through the firm’s request form today.

Hire Experienced Robbery Charges Defense in Phoenix

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In Arizona, the crime of taking something that doesn’t belong to you is not the only characteristic of robbery. Robbery involves taking someone’s property against their will while using force and is a felony in the state of Arizona that can lead to harsh penalties.

If you’ve been charged with robbery, you need an experienced robbery charges defense attorney from The Shah Law Firm LLC by your side. With over 12 years of experience, our legal team has defended criminal law cases, including robbery, and can conduct a thorough investigation of your case to create an effective defense for you.

Types of Robbery Charges

Robbery charges range from Class 2 to Class 4 felonies. The lower the number class, the more serious the crime and the higher the penalty is for you. For example, simple robbery is a Class 4 felony. This means that force was used to take someone else’s property. Aggravated robbery is a Class 3 felony and is defined as simple robbery, but with accomplices. Armed robbery involves the use of a deadly weapon and is a Class 2 felony.

At The Shah Law Firm PLLC of Phoenix, Arizona, we are familiar with defenses that can be used in robbery charges cases and we’re committed to protecting your rights every step of the way.

Robbery Charges Defenses

There are many reasons why a defendant who has been charged with robbery is found innocent. For example, the defendant may get reduced or dismissed charges if they were forced to commit the robbery or were under duress. Intoxication can also sometimes be used as a defense. At The Shah Law Firm PLLC of Phoenix, Arizona, we will use our expertise to determine the best defense to help reduce your sentence.

Call to Schedule a No-Cost Legal Consultation with a Robbery Charges Defense Attorney in Phoenix, Arizona Today

If you’ve been charged with robbery, it’s important to schedule a no-cost legal consultation with a robbery charges defense attorney in Phoenix, Arizona. To schedule this important consultation, call The Shah Law Firm PLLC of Phoenix, Arizona at (602) 888-0369 and allow our legal experts to represent you.

We serve Scottsdale, Mesa, Tempe, Goodyear and Apache Junction.