Table of Contents – Choose Topic:
- Differences between Misdemeanor and Felony Charges in Arizona
- DUI Charges in Phoenix, AZ
- Penalties for Misdemeanor DUI, Extreme DUI, Super Extreme DUI, and Felony Aggravated DUI
- Phoenix Courts and Jurisdictions
- If Stopped by Law Enforcement in Phoenix
- Possible Defenses for Criminal Charges in Phoenix
Why Choose Phoenix Criminal Defense Lawyer Arja Shah?
The Shah Law Firm focuses exclusively on defending those charged with all types of criminal charges, from misdemeanor offenses to DUI and serious violent crimes. When you contact Arja Shah, you will understand her belief that everyone deserves a strong defense. Don’t take any chances when your future is on the line–you have too much to lose by facing criminal charges on your own.
If you are caught driving under the influence in Phoenix, Arizona, there may be some hard times ahead. Phoenix has some of the strictest DUI laws in the nation, set to discourage people from committing a crime in the city. The only thing that can help you get through this is a well-experienced lawyer.
Misdemeanors and Felony Charges in Phoenix
How Misdemeanors are Classified in Phoenix Arizona
There are 3 different class types of misdemeanors and a “petty” charge that does not require jail time, according to ARS § 13.601.
- Class 1 Misdemeanor– jail time is up to 6 months and fines are $2,500 maximum
- Class 2 Misdemeanor– jail time is up to 4 months and fines are $750 maximum
- Class 3 Misdemeanor– jail time is up to 30 days and fines are $300 maximum
- Petty Misdemeanor– no jail time and fines are $300 maximum
Penalties for Felony Convictions in Phoenix, Arizona
If you are convicted of a felony in Phoenix, Arizona, your punishment will depend on the class (1 through 6 where 1 is the worst) and if it is your first, second, or third offense.
Non-dangerous normal felony penalties are as follows:
- First offense felony: sentenced to 2-8.75 years in prison, required to pay fines from $750 to $150,000– eligible for probation
- Second offense felony- sentenced to 2.25-7.5 years in prison, required to pay fines from $750 to $150,000– not eligible for probation
- Third offense felony- sentenced to 6-15 years in prison, required to pay fines from $750 to $150,000– not eligible for probation
- If there was a weapon involved; a person is harmed, or if a threat to cause imminent harm were intended, charges will be raised from the non-dangerous normal felony status range and penalties will be doubled.
A felony in Phoenix ranges from armed or aggravated robbery to battery, which is also considered aggravated assault. Contact Shah Law Firm to get help reducing your penalties.
The Most Common Phoenix Criminal Defense is for DUI
Types of Phoenix DUI Charges
There are three types of DUI charges in Phoenix that are categorized by blood alcohol concentration (BAC) levels.
- DUI involves a BAC level from 0.08 to 0.15 (0.04 for those with commercial driver’s licenses)
- Extreme DUI involves a BAC level from 0.15 to 0.20
- Super Extreme DUI involves a BAC level from 0.20 and up
Note: You can still get charged with a DUI with a 0.05 BAC if you appear to be intoxicated. In addition, underage drivers with any level of alcohol in their blood can get charged with Underage DUI.
Felony Aggravated DUI combines any DUI with other charges noted at the time of arrest, such as:
- Having a passenger under 15 years old while driving under the influence
- Having multiple DUIs within seven years
- Driving under a suspended, restricted, or revoked license
- Driving without an interlock device after being required to have one
- Causing an accident due to driving the wrong way on a highway
- Alcohol consumption influenced damages to people or property (accident)
Penalties for DUI Convictions
According to the Arizona Revised Statutes, Title 28 – Transportation, Chapter 4, Article 3, § 28-1381, a “DUI” is a class 1 misdemeanor that is subject to the following penalties.
Regular Misdemeanor DUI– First Offense:
- 10 days in jail- 9 days can be suspended
- Community restitution
- Fines from $1,250
- Successfully complete a traffic school course
- If intoxicating liquor is involved, an ignition interlock device must be installed that is pursuant to section 28-3319.
Regular Misdemeanor DUI– Second Offense (another violation committed within 7 years):
- 90 days in jail, 60 days can be suspended
- Community restitution of at least 30 hours
- Fines from $3,000
- Successfully complete a traffic school course
- If intoxicating liquor is involved, an ignition interlock device must be installed that is pursuant to section 28-3319.
- Driver’s license revoked for 1 year
According to the Arizona Revised Statutes, Title 28– Transportation, Chapter 4, Article 3, § 28-1382, an “Extreme DUI” and “Super Extreme DUI” is a class 1 misdemeanor that is subject to the following penalties.
Extreme and Super Extreme DUI – “First Offense”:
- Extreme DUI, 30 days in jail — super extreme DUI, 45 days in jail
- Community restitution of at least 30 hours
- Fines from $2,500
- Successfully complete a traffic school course
- If intoxicating liquor is involved, an ignition interlock device must be installed that is pursuant to section 28-3319.
- Driver’s license revoked for 1 year
Extreme and Super Extreme DUI – “Second Offense” (another violation committed within eighty-four months):
- Extreme DUI, 120 days in jail — super extreme DUI, 180 days in jail
- Community restitution of at least 30 hours
- Fines from $4,250
- Successfully complete a traffic school course
- An ignition interlock device must be installed that is pursuant to section 28-3319.
- Driver’s license revoked
Felony Aggravated DUI:
According to the Arizona Revised Statutes, Title 28– Transportation, Chapter 4, Article 3, § 28-1383, an Aggravated DUI is a felony.
There are numerous factors to consider when determining aggravated DUI penalties, such as classifications that range from 6 to 1 where 1 is the worst level, whether this was the first, second, or third offense, other charges, BAC levels, and more.
Felony Aggravated DUI Penalties will include the following:
- Jail time
- Community restitution
- Fines
- Successfully complete a traffic school course
- An ignition interlock device must be installed that is pursuant to section 28-3319.
- Driver’s license revoked
Shah Law Firm can help get you a better outcome. For over 15 years, the law firm has been helping to reduce sentences and penalties in Phoenix, Arizona. Contact Shah Law Firm now to find out if your case can be dismissed.
Why Choose the Shah Law Firm?
- Experience with and Knowledge of Specific Judges and Prosecutors is Important
- Affordable Rates without Sacrificing Quality Defense is Key
- It’s Not Just Knowing the Law, It’s Also Knowing People and Compassion
Arja Personally Handles Each Case
Don’t hesitate to schedule a consultation today if you are facing jail or prison time as the result of a criminal charge. Arja is known throughout Arizona as a dedicated Phoenix criminal defense lawyer that will fight on your behalf in an effort to have your charges reduced or dismissed.
Phoenix, Arizona Courts, and Jurisdictions
Downtown Phoenix Justice Court
When a person is arrested in Phoenix, by an officer of the Maricopa County Sheriff’s department or from the Arizona Department of Public Safety, with a criminal ticket, DUI, or other misdemeanor charges, their case will most likely be heard in the downtown Phoenix Justice court.
Phoenix City Court
The City Court deals with individuals arrested by the City of Phoenix Police.
Phoenix Municipal Court
The Phoenix Municipal Court is one of the busiest municipal courts in the nation. It handles class 1 misdemeanors with a maximum penalty of six months of jail time and $2,500 in fines that include civil and criminal traffic violations and non-traffic violations. The following are just some of the cases the Municipal Court handles:
- DUI
- Leaving the scene of an accident
- Reckless driving
- Vehicle registration and insurance violations
- Moving violations, such as speeding, running a stop sign, and more
- Unpaid parking tickets
- Assault
- Shoplifting
- Child restraint violations
- Prostitution
- Indecent exposure
- Trespassing
- Orders of Protection
- Harassment
Maricopa County Superior Courts
There are five courts clustered together, that include the Old Courthouse directly across the street. The South Court Tower and the Central Court building both handle criminal cases. The Old Courthouse hears civil cases and some juvenile cases, the East Court deals with civil and family law, and the West Court contains the probation office.
If Stopped by Law Enforcement in Phoenix, Arizona
Phoenix law enforcement takes DUIs and other crimes very seriously; and therefore, will seek maximum penalties against you for driving under the influence of drugs or alcohol on the city roads. Should an officer suspect you of drinking while driving a vehicle, he or she will stop you. Here are some of the things you should and shouldn’t do in this case.
First off, be kind and respectful to the officer, but do not answer any questions or say anything since you are not required to answer them. The only thing you have to do is show your driver’s license, registration, and proof of insurance, anything else can be used as evidence against you. Do not admit to anything, even if you did have a few drinks, and never try to make any deals or bribes with a police officer.
You should first turn on the light inside your vehicle and put your hands on the steering wheel where the police officer can see them. Wait until the officer asks for your paperwork or driver’s license before reaching for them.
If the police officer wants you to take any sobriety tests, you have the right to refuse since many people fail them anyway, even if they hadn’t been drinking and some test devices have been known to be flawed. Instead, ask for a release to have your blood test done at a hospital or you can also ask to contact your lawyer and call Shah Law Firm at (602) 560-7408 to personally speak to Arja.
It is important to note that refusing to be tested can result in the suspension of your driver’s license for one year or the officer can call a judge on-call to issue a warrant. In this case, you will have to submit to the test.
Defenses Your Attorney Can Use to Either Reduce your Charges or Dismiss Your Case
If you haven’t been inside a courtroom recently, you probably don’t know what takes place during a hearing today. Attorneys are the center of attention. They use legal jargon to explain the case, recite the laws, suggest or recommend minimum penalties that can be pursued, and jump through loopholes for a better outcome in their client’s favor.
Without the presence of an experienced Phoenix criminal defense attorney to represent you, defend your rights, translate the legal jargon, and consult with you, you could find yourself in a difficult situation. By not hiring a professional attorney, you wave these benefits and face getting the maximum penalties associated with your charges.
The National Highway Traffic Safety Administration (NHTSA) set guidelines, for people that should not be given field sobriety tests, which includes people who…
- Are 65 years old or older
- Are around 50 pounds overweight
- Have back, hip, ankle, leg, or knee injuries
- Have disabilities that can affect their balance
- Are wearing high heels with a heel height of 2 inches or higher
The following are just some reasons an attorney might use to dismiss your case…
- There must be a valid reason to pull someone over and/or make an arrest.
- People sitting in non-moving cars cannot be arrested for DUI.
- Before an officer can administer the Horizontal Gaze Nystagmus (HGN) “eye test”, they must be certified.
- An officer cannot arrest someone for refusing a field sobriety test.
- The blood or breath testing device is flawed or faulty.
- People cannot be denied their right to counsel.
- Invalid evidence.
Arja Shah is a highly recommended criminal defense & DUI attorney in Phoenix, Arizona, with numerous attorney reviews from clients she has represented. Arja understands how critical and serious — even misdemeanor charges — can be in the state of Arizona, which is why she works closely with her clients to defend them and protect their rights.
With the Shah Law Firm available to help, everyone can have a fair trial with a quality defense attorney at their side that can get quite aggressive, if need be. The rates are very affordable and Arja accepts payment plans. Thus, the small price you pay to hire a lawyer is nothing compared to all the money they will save you in reduced fees. Contact the Shah Law Firm now.
Types of Criminal Cases We Handle
- Domestic Violence
- Assault Violent Crimes
- Assault Violent Crimes
- Criminal Damage
- Criminal Fraud
- Theft Charges
- Alcohol Offenses
