The Difference Between Murder and Manslaughter

by John Schill | Jan 15, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

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The Difference Between Murder and Manslaughter

Justice must be served in every case, meaning the law must punish offenders to the full extent of the law. To ensure that they are, you must be aware of what charges to pursue. In some cases, knowing the difference between murder and manslaughter is important if you want them to impose the appropriate punishments.

In this article, we will discuss the differences between crimes. We’ll talk about the elements that distinguish them from one another as well as the corresponding penalties they carry. Find out more about murder and manslaughter under Arizona law by continuing with this article.

What Is Murder?

To get things started, let’s first define the act of murder. Murder occurs when one person intentionally kills another.

There is a purpose behind the harmful action and the suspect in the case is usually accused of being driven by some form of malice. In other words, when you accuse someone of murder, you’re saying that the intent behind their actions was none other than to kill.

If murder was committed, that means someone died not due to an accident or some negligence. The death was the result of a violent act voluntarily and intentionally committed by another person.

In the state of Arizona, they classify murder into two different types of crimes. You have first degree and second degree murder. Differentiating between those two is important if you’re seeking a conviction against someone and you want them punished with what the law allows.

Defining First Degree Murder

First degree murder is an act of pure evil. It occurs when a person becomes so overwhelmed by their rage or some other malevolent emotion that they resort to intentionally killing someone.

The factor that distinguishes first degree murder from second degree murder is the presence of premeditation.

If the act of murder is deemed to be premeditated, that means that the defendant in question planned ahead of time to kill their target. The death was not the result of an accident or even a reaction to the heat of the moment. First degree murder simply means that one person planned and fully intended to kill another, and they executed that plan.

How long the defendant in the case planned to commit the murder does not matter. The simple act of planning the murder is enough to elevate it to the first degree.

Premeditation also means that the defendant had enough time to reflect on their thoughts and potential actions before committing the crime itself. It means that even after getting the opportunity to think about what they’re doing, the defendant still decided to move ahead with their plan.

There is no need to provide proof of reflection before authorities can convict an individual of first degree murder. As long as the premeditation is evident, the charges will stick.

Penalties for First Degree Murder

Arizona law comes down heavily on anyone convicted of first degree murder. There are different penalties that they may impose on the convicted individual.

First off, a person convicted of first degree murder may receive a life sentence. They may only become eligible for parole after serving 25 years of their life sentence.

In other cases, the defendant goes to prison for life and never becomes eligible for parole. The harshest punishment on someone who committed first degree murder in Arizona is the death penalty.

Defining Second Degree Murder

The presence of premeditation is the defining characteristic of a first degree murder degree charge. Without it, authorities regard the crime in question as second degree murder.

Second degree murder is often the result of unfortunate actions in the heat of the moment. Premeditation may not be evident, but the defendant still likely understood that their actions could lead to someone’s death.

An example may help you better understand what second degree murder is.

Let’s say that you were involved in a minor car accident. After that, you got into a heated argument with the other driver. You became so enraged during that argument that you reached into your car, pulled out a gun, and shot the other driver dead.

You may not have planned to kill that person prior to the accident, but you still allowed your rage to take over. An unjustified killing such as that is second degree murder.

Arizona law also states that someone who “recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person” can be found guilty of second degree murder. The defendant may not have committed any specific action that led to a person dying, but their reckless behavior may still have contributed to what happened.

Penalties for Second Degree Murder

The penalties for committing second degree murder in Arizona are serious.

Convicted individuals may receive a lengthy prison sentence. Typically, the prison sentence ranges from 10 to 25 years in prison. Unlike with the penalties that accompany first degree murder charges, those guilty of second degree murder are not candidates for the death penalty.

What Is Manslaughter?

Now that we’ve talked about murder and its different degrees, let’s focus on another crime that can lead to a loss of life, with that being manslaughter. There are different definitions of manslaughter according to the state of Arizona’s laws.

Manslaughter occurs when a person recklessly causes the death of another. Manslaughter charges can also be levied upon someone who kills another person in the heat of the moment after “adequate provocation.” A defendant may also be found guilty of manslaughter if the harm they brought to a pregnant woman led to that person’s unborn child dying.

Authorities can charge individuals who provide aid to another person’s suicide with manslaughter.

An important thing to note here is that the state of Arizona does not distinguish between voluntary or involuntary manslaughter. A defendant cannot secure a lighter sentence by pushing for an involuntary manslaughter conviction.

Penalties for Manslaughter

Compared to what a defendant may receive following a murder charge, the penalties that accompany a manslaughter conviction are relatively lighter.

The prison sentence for a manslaughter conviction can range from as low as seven years to as long as twenty-five years. The death penalty is also off the table in manslaughter cases.

What Is the Difference Between Murder and Manslaughter?

Now that you know about the penalties that accompany murder and manslaughter charges, it should be easy to understand why some plaintiffs push for murder charges. They want the guilty party punished harshly, and they believe that the penalties that stem from a murder charge are the ones that must be handed down.

The difference in penalties is easy to understand. It’s also easy to see how manslaughter differs from a first degree murder charge. After all, premeditation is also lacking in a manslaughter case.

However, manslaughter and second degree murder cases can appear similar. So, how do those two differ from one another? The difference ultimately boils down to whether there was “adequate provocation” that took place.

Defining Adequate Provocation

Adequate provocation is a term defined in Arizona law as “conduct or circumstances sufficient to deprive a reasonable person of self-control.”

Let’s call back to the earlier example regarding the car accident. We noted earlier that if you kill someone after getting into a heated argument, it can lead to a second degree murder charge.

How does it go from being a second degree murder charge to a manslaughter charge? To distinguish between the two, we need to see if there was an adequate provocation.

For example, the person who hit your car may have been harassing you.

The harassment may have been going on for a while. In a scenario such as that, it would be understandable if you suddenly lost your self-control due to the constant harassment.

Think of the intentional car crash as the proverbial straw that broke the camel’s back. At that point, it would not be unreasonable to think that you may respond violently, even if such an action remains against the law.

Another example would be if you found out that a loved one was abused by another person. Upon discovering that fact, you became overwhelmed by your rage and killed the abuser in the heat of the moment. That is another instance where you losing self-control is understandable, which is why it can be considered as a manslaughter case.

Personal history is often accounted for when trying to differentiate between murder and manslaughter. If there is a personal history there, the jury may lean towards handing down a manslaughter conviction as opposed to murder.

What Is the Difference between Manslaughter and Negligent Homicide?

Thus far, we’ve only focused on defining murder and manslaughter, but you also need to know what homicide is in Arizona law. To be more specific, you should know about the term negligent homicide.

Negligent homicide occurs when the criminally negligent actions of a specific person lead to the death of another.

Deaths that stem from a DUI violation constitute negligent homicide in the state of Arizona. The person who engaged in drunk driving was negligent when they sat behind the wheel of their car. Even if they did not intend to cause anyone harm, their poor decision still had fatal consequences, and they must be held responsible.

You may also be charged with negligent homicide if you accidentally shot someone while hunting or if you accidentally started a fire, which led to someone dying. We talked about the fact that Arizona does not distinguish between voluntary or involuntary manslaughter. In a way, negligent homicide works as a replacement for that crime.

Penalties for Negligent Homicide

The penalties for negligent homicide are considerably lighter than the ones associated to the other crimes we’ve already discussed. Individuals convicted of negligent homicide may spend up to 10 years in prison.

Unlike with the previous crimes, though, a person can avoid prison time even if they are convicted of negligent homicide. Instead of a prison sentence, they may receive probation for an extended time. Violating the terms of probation may still land a convicted individual in prison, however.

How a Lawyer Can Help Your Defense

Being held responsible for the death of another person is a heavy burden to bear. You are likely overwhelmed by feelings of guilt and remorse. Even so, you must fight for your rights if you are not guilty of the charges against you.

The prison sentences you may serve can vary significantly depending on which crime they charged you with. You need to fight for justice and let the facts of the case determine your fate.

Partner up with a lawyer and start working on your defense. A skilled and experienced lawyer can bring the facts to light and help reduce your prison sentence. Your lawyer can help you avoid a murder charge even if that means being convicted of committing manslaughter.

Lawyers can also help reduce the length of your prison sentence. Instead of spending twenty-five years in prison, you may only serve seven years. If you’re being charged with negligent homicide, your lawyer can help you out by negotiating for probation time instead of a prison sentence.

Wrongful accusations of murder or manslaughter can also be difficult to fight against on your own. Partner with a lawyer and fight for your innocence in court.

You need to take charges of murder or manslaughter seriously. Respond properly to them by partnering with us at the Schill Law Group.

We will fight for the truth in your case and ensure that justice is served. Contact us today to learn more about how we can help.

Driving with a Suspended License in Arizona

by John Schill | Dec 22, 2020 | Laws

Driving is a privilege, and you can lose it if the authorities find that you were an irresponsible or negligent motorist. Getting your driving privileges taken away is bad enough, but you can compound that mistake by driving with a suspended license.

Simply put, operating a vehicle with a suspended driver’s license is a terrible idea. You’re needlessly putting yourself at risk. If you thought that was a nightmare, getting caught disregarding that fact will be an even bigger problem.

Learning more about what could happen if you ignore your situation will help drive home the importance of following the laws. Read on to learn more about a suspended driver’s license.

Also, check out the penalties that come with ignoring your suspended license and how you can reinstate your privileges. We’ll also touch on other relevant topics to ensure that you know what to do in the event of a suspended driver’s license.

What Is the Difference between Getting Your Driver’s License Suspended and Revoked?

To get things started, let’s address a topic that is of significant confusion for Arizona motorists. There are two ways for the state to take away your driving privileges. They can choose to either suspend your driver’s license or revoke it.

So, how do those two things differ from one another?

The biggest difference between them is related to their respective periods of effectiveness. If you have a suspended driver’s license, you’ll receive a clear idea of when you can reinstate your driving privileges. You cannot have them restored automatically after the suspension period, but you’ll still know when it ends.

Revocations are different.

According to the Arizona Department of Transportation, revocations can last for an indefinite period. They may inform you of the minimum amount of time that the period of revocation may last, but it can go well beyond that.

Drivers may also have a tougher time getting their driving privileges restored if they’re dealing with a revocation instead of a suspension.

The Reasons Why Your Driver’s License May Be Suspended

Now that we’ve sorted through the differences between suspension and revocation; let’s talk about the former. For this section, let’s focus on why the state may suspend your driver’s license in the first place.

Driving Under the Influence

Getting caught driving under the influence will lead to a suspended license. Remember that the legal limit for your blood alcohol concentration is 0.08 percent.

If you’re the driver of a commercial vehicle, the legal limit is 0.04 percent. Drivers under the age of twenty-one are not allowed to have any trace of alcohol in their system if they’re driving.

Refusing to Take a Sobriety Test

The authorities can also suspend your driver’s license if you refuse to take a sobriety test. Make a habit out of continually refusing those tests, and you could end up saddled with more troublesome penalties.

Lacking the Necessary Insurance

Drivers are required to maintain auto insurance on the vehicles they use. Failing to stay up-to-date on your car insurance will lead to you facing a variety of penalties. Among those penalties is the potential suspension of your driver’s license.

Reckless Driving

Drivers are to exercise caution and watch out for their fellow drivers when they’re on the road. If you fail to do that and drive recklessly instead, you’ll quickly find yourself in trouble.

Examples of reckless driving include going well over the speed limit, intimidating other drivers, and driving in the wrong lane. Driving habits such as swerving and tailgating may also be examples of reckless driving, so avoid them as much as possible.

Committing Multiple Moving Violations

The state of Arizona utilizes a points system to help determine when to suspend a person’s driver’s license. Those points are typically added to your record if you commit a moving violation of some kind.

Upon tallying eight total points within twelve months, you will become a candidate to have your driver’s license revoked. Usually, a person will receive a suspended license if they fail to attend Traffic Survival School after accumulating the point total.

Moving violations such as unlawful lane changes and running the red light account for two points. Compile enough of those points, and you could wind up with a suspended license.

Failing to Pay Fines, Tickets, and/or Legally Mandated Support

Don’t ignore those tickets and fines you must pay. Ignore them long enough, and you could end up paying a higher price in the form of a suspended driver’s license.

Tickets and fines are not the only payments you’ll need to make if you want to avoid getting your license suspended.

As per the terms of your divorce, the court may have ordered you to pay child support. Disregarding that order is not advisable. The court may find you in violation of your divorce agreement and suspend your driver’s license as a result.

Failing to Show Up for Court Dates

They can take away your driving privileges if you fail to meet your other legal obligations. If the court orders you to show up on a given date, remember to make that appointment. There’s a chance your driver’s license could be suspended if you fail to show up for your court date.

The Penalties for Driving with a Suspended License

What happens if you get caught operating a vehicle with a suspended driver’s license? The answer is that you’ll receive penalties. Let’s discuss those penalties in greater detail below.

Vehicle Impoundment

One penalty that applies to all drivers who operate their vehicles with a suspended license is vehicle impoundment. They can impound your vehicle for up to thirty days due to your violation.

So, can you pay the fees and retrieve your vehicle from the impound lot? It’s not that simple.

First, you’ll need to request a hearing with the police officer who impounded your vehicle. You must do that quickly as well. Many police stations across the state require drivers to request a hearing no more than ten days after impounding their vehicle.

During the hearing, you and your lawyer will have to make the case to the police officer that they should release your vehicle. Even if the police officer does agree to release it, you will still pay the corresponding fees.

Aside from how troublesome it is to not have your car; you’ll also have to deal with the inconvenient process of trying to get it back. It won’t be a pleasant ordeal for anyone to experience.

Probation

Probation is another form of punishment often handed down to motorists who ignore their suspended licenses. The probation periods handed down may vary depending on the situation.

Jail Time

Motorists who irresponsibly take to the road with a suspended driver’s license may also be sentenced to jail time. First time offenders may avoid jail time but repeat violators will not be as lucky.

The second time, they could sentence you to spend five days in jail. A third offense can lead to a jail sentence of thirty days. Get caught driving without a valid license for the fourth time, and you could face up to ninety days in jail.

If you continue to commit that same violation, you could receive a six-month jail sentence.

This is where having a good lawyer can help you out. Your lawyer may get you a shorter jail sentence after making your case in court.

Fines

Irresponsible drivers will also pay a fine due to their violation. Like with jail time, the amount you’ll pay will increase if you’re a repeat offender. Your lawyer could also help here by negotiating a smaller fine for you to pay.

traffic ticket

How to Reinstate Your Suspended Driver’s License

There are two different processes for reinstating your suspended driver’s license in Arizona. Take note of which one applies to your case.

Reinstating Your Suspended Driver’s License after Failing to Pay a Traffic Ticket or Appear in Court

First, you have the process that applies to those who failed to pay their traffic tickets or show up in court.

The Steps:

To begin the reinstatement process, look at your suspension notice and try to find the court that issued it.
Once you identify the court, place a call to them.
Ask the court about any penalties you have incurred. Pay all those penalties.
After making the payments, you will receive either a court abstract form or a court clearance receipt.
Take whichever document was given to you to a Motor Vehicle Department license office.
Finish by paying the $10 reinstatement fee and the application fee corresponding to your age group.

Reinstating Your Suspended Driver’s License after Committing Other Violations

This other process applies to all the other cases wherein the driver’s license was suspended for a reason other than failing to pay a ticket or failing to show up in court.

The Steps:

Go to the Motor Vehicle Department license office.
Pay both the $10 reinstatement fee and the application fee corresponding to your age group.

Individuals who had their license suspended due to a DUI charge, refusing to take a sobriety test, or because they lacked insurance will have to fulfill an additional requirement. The requirement in question is securing proof of future financial responsibility.

The proof of future financial responsibility can come in the form of an insurance certificate or a certificate issued by the Arizona Treasurer’s office.

Additional Details on Payments

We noted above that you need to pay fees to get your suspended license reinstated. The reinstatement fee is $10, but the application fee can change.

For drivers age thirty-nine and under, the application fee is $25. Those in the forty-forty-four age group will need to pay $20. Drivers in the forty-five to forty-nine age group will pay an application fee of $15. If you’re fifty or older, your application fee is $10.

You can make the payment using cash, a cashier’s check, a credit card, or a money order. Personal checks will not be accepted, and cash payments cannot be sent via mail.

driving with a suspended license

What Are Restricted Driver Permits?

You may already understand that driving with a suspended license is a bad idea. Even so, you may find yourself without any other option but to risk getting caught because not driving could lead to you losing your job.

It’s a tough spot to be in, and that’s why restricted driver permits are made available. Restricted driver permits can act as temporary licenses for individuals who need to continue driving after a suspended license.

Restricted driver permits are different from driver’s licenses, however. For starters, your restricted permit does not allow you to drive anywhere you want.

Drivers using that permit can only go to their workplace, school, or back home. Restricted permits don’t really allow owners to head to the grocery or even to a friend’s house.

The state of Arizona is also strict when it comes to who are given restricted driver permits. Only those who had their license suspended due to an insurance issue or a DUI conviction are eligible to receive the permit. If your license was suspended for another reason, you’re out of luck.

Individuals found guilty of driving under the influence must meet additional requirements before being granted a restricted driver permit. Among those requirements are completing a treatment program, paying fees, and clearing a specific suspension period.

A suspended driver’s license can truly wreak havoc on your daily life. It can affect your job performance, drastically change your schedule, and force you to take on additional expenses. Getting caught driving can be the cause of even bigger problems.

Deal with your situation better with the help of a skilled and experienced lawyer. Allow us at the Schill Law Group to help with your current situation. Reach out to us today and learn more about the assistance we can provide.

What’s the Difference Between a Felony DUI and a DUI?

by John Schill | Dec 18, 2020 | DUI

DUI DEFENSE ATTORNEYS

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SCHILL LAW GROUP

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333 N. Wilmot Rd, STE 340
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What’s the Difference Between a Felony DUI and a DUI?

The inherently dangerous act of driving under the influence can never be excused or shrugged off. If the authorities arrest you, the law will punish you accordingly depending on whether you committed a misdemeanor or felony DUI violation.

Knowing the difference between a misdemeanor DUI charge and a felony DUI charge is important. The dangers of impaired driving should already be reason enough for you to sober up before getting behind the wheel. If they are not enough, though, the penalties you could receive should give you more reasons to reconsider.

Let’s talk about the differences between a misdemeanor and a felony DUI charge in this article. The information here should tell you all you need to know about how seriously Arizona takes impaired driving and why you should avoid it.

A Refresher on Drunk Driving in Arizona

Before we get into differentiating the misdemeanor and felony variants of DUI charges, let’s focus first on what drunk driving is. Alcohol intoxication can impact how you perceive your surroundings and how you control your body. Given alcohol’s effects on the body, individuals who are intoxicated while driving pose a greater risk to themselves and the people around them.

The legal limit for blood alcohol concentration (BAC) is 0.08 percent. The authorities can charge drivers with a BAC level that exceeds 0.08 with a DUI violation.

Notably though, that legal limit only applies to drivers of private vehicles who are twenty-one years old or older.

In the state of Arizona, they can still charge drivers of commercial vehicles with a BAC level above 0.04 with DUI. For drivers under the age of twenty-one, any level of alcohol in their bodies will warrant a DUI charge.

When Is a DUI Charge Considered a Misdemeanor Violation?

Most of the time, they will regard a DUI charge as a misdemeanor if it’s your first violation. That is usually the case regardless of whether you were driving a private or commercial vehicle. Drivers under the age of twenty-one who get a DUI are likely to receive a misdemeanor violation.

A first-time DUI charge remains a misdemeanor violation if you did not harm anyone due to your negligence. They would not elevate the charge if you did not have anyone under the age of fifteen inside your vehicle.

What Are the Penalties for a Misdemeanor DUI Violation?

You can expect to receive some significant penalties even if it’s your first misdemeanor DUI charge. Jail time will be among the penalties you face. To be more specific, you may spend time in jail for no less than ten consecutive days.

Arizona residents in violation of the state’s DUI laws for the first time will also pay a fine. The minimum amount you’ll pay is $1,250.

Violators will also render community service and take part in alcohol education, screening, and treatment. In Arizona, individuals found guilty of violating their DUI laws will also get a certified ignition interlock device attached to any vehicles they drive.

Points are additional aspects of DUI penalties. Eight points are added to your record if you commit a DUI violation.

Because you have eight points on your record, you are a candidate to have your driving privileges suspended for up to twelve months. You will need to attend Traffic Survival School to avoid getting your driving privileges suspended.

One more thing to note here is that the penalties apply only to those with a misdemeanor DUI violation. That means your BAC level is at 0.08 percent or higher but below 0.15 percent. If you receive an extreme or super extreme DUI misdemeanor charge, the penalties will be different.

How BAC Level Affects Your Penalties

A subject of significant confusion is whether your BAC level will affect the kind of charge you receive. It’s easy to see why Arizona residents can get confused considering the state uses different terminologies when referring to DUI charges based on BAC levels.

For instance, if your BAC level is over 0.15 percent, you could get an extreme DUI charge. You could also receive a super DUI charge if your BAC level is 0.20 percent or higher.

Those distinctions don’t mean much in terms of whether you’ll get a misdemeanor or a felony. Even if your BAC level qualifies you for a super extreme DUI charge, they will regard it as a misdemeanor.

So, if the BAC level does not change a misdemeanor to a felony, why do extreme and super extreme DUI charges still exist? The distinction is necessary because it affects the penalties assessed.

In the case of an individual hit with an extreme DUI misdemeanor charge for the first time, jail time will be a minimum of 120 days. The individual will also pay a minimum fine of $3,250 and have their license revoked for twelve months. The same penalties regarding alcohol education, screening, and treatment, plus community service and the certified ignition interlock device will remain in effect.

Is a Second DUI Violation Considered a Felony?

Like we noted earlier, you’ll likely receive a misdemeanor violation the first time you’re guilty of impaired driving. But what about the second time you violate Arizona’s DUI laws? Will you be charged with a felony then?

The answer depends on a few factors.

The charge you ultimately receive will depend on whether you caused injury while drunk driving. Causing serious injury typically means that your charge will go up to a felony.

They can also charge you with a more serious crime if you were drunk driving while someone under the age of fifteen was in the vehicle.

Basically, the same criteria that could lead to you receiving a felony for your first DUI violation still apply the second time around. However, there are additional factors they will look at.

Remember, they can suspend your driving privileges if you fail to attend Traffic Survival School. If they suspend your driving privileges, getting caught drunk driving again will result in a felony charge.

If the arresting officer finds that a certified ignition interlock device was attached to your vehicle when you were driving drunk, you can expect to receive a felony. That device is supposed to prevent the vehicle from starting if your BAC level is over the legal limit. The fact that you were drunk driving means that you either tampered with or circumvented the device in some way.

What Are the Penalties for a Second Misdemeanor DUI Violation?

The penalties will be harsher the second time you receive a misdemeanor DUI violation.

Mandatory jail time will be a minimum of ninety days. Meanwhile, your minimum fine will be $3,000. You will also render community service again.

A certified ignition interlock device will again be attached to your vehicle. Repeat violators will also undergo alcohol education, screening, and treatment.

Lastly, they will revoke your driver’s license for twelve months. That will be the case even if you decide to attend Traffic Survival School.

What Is Aggravated DUI?

To put it simply, aggravated DUI is what you’ll receive if your DUI violation goes from being a misdemeanor to a felony. So, what constitutes an aggravated DUI charge in Arizona? The courts will look at a variety of factors when determining that.

First, they’ll consider if your drunk driving led to injury or possibly even cause someone’s death.

Next, the courts will consider if you were driving recklessly while under the influence of alcohol. A factor they consider is the age of the passengers with you. If someone under the age of fifteen was in your vehicle while you were driving drunk, you would likely receive a felony.

Also, driving in the wrong direction while drunk is another example of being reckless on the road. You could get a felony because of that.

The courts will also not take kindly to you if you ignored their orders. Driving sober with a revoked license can already get you in plenty of hot water. Driving drunk with a revoked license will lead to a felony charge.

You should also avoid messing with your certified ignition interlock device. Felony charges will be handed down to a drunk driver with certified ignition interlock devices attached to their vehicle.

One more factor that matters in aggravated DUI cases is the number of times you’ve been arrested for this same violation. Arizona law dictates that drivers who are caught driving drunk a third time within a span of eighty-four months will be charged with a felony. Subsequent violations will also lead to a felony.

What Are the Penalties for an Aggravated DUI Charge?

The penalties handed down for aggravated DUI charges are mostly similar to the ones that are attached to misdemeanor cases. Guilty parties will attend alcohol education, screening, and treatment. They will also need to perform community and get a certified ignition interlock device attached to their vehicle.

A person guilty of aggravated DUI will also have their driver’s license revoked for twelve months.

The most significant difference between the penalties handed down for misdemeanor and felony DUI charges is the type of incarceration they will receive.

Individuals guilty of aggravated DUI can count on harsher punishment in that regard. The time they spend incarcerated will be no more than two years. On top of that, they will also serve their sentence in prison instead of jail.

felony dui checkpoint

What Are Other Ways a Person May Be in Violation of Arizona’s DUI Laws?

Arizona residents should know that you don’t need to fail a test to violate the state’s DUI laws. If you’ve been stopped because they suspected you were driving under the influence and you refused the tests, they can revoke your driver’s license for up to twelve months.

Drivers who refuse the test a second time within 84 months may lose their license for a longer period. In that case, the period of revocation could last for two years.

Losing your driver’s license is already a significant inconvenience, but that’s not all you need to worry about. Drivers who refuse the test will also undergo alcohol screening before their driver’s license can be reinstated.

How Can an Attorney Help if You’ve Been Charged with Drunk Driving?

There is no excuse for drunk driving. If you’ve had a few drinks, you have no business getting behind the wheel of your vehicle. Ride with a sober friend, book a ride via a ridesharing app, or hop into a taxi if you want to get home while you’re still intoxicated.

Still, even responsible people can make mistakes from time to time. If you believe that you did make a mistake, but you did not commit a felony, an attorney can help you out.

Your attorney could argue that the police officers were using faulty equipment when they tested your BAC level. An attorney could also argue that you did not know you had consumed an alcoholic drink before you got into your vehicle.

They can use different defenses in DUI cases to prove your innocence. Partner up with a skilled and experienced Arizona attorney if you want justice for your case.

Arizona residents in need of an attorney can approach us at the Schill Law Group for assistance. Contact us today, and we’ll help you fight any erroneous charges against you.

Arizona Drug Crime Laws

by John Schill | Dec 16, 2020 | Drugs

DRUG CRIME ATTORNEYS

MORE THAN 100 YEARS COMBINED EXPERIENCE

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

333 N. Wilmot Rd, STE 340
Tucson, AZ 85711

Arizona Drug Crime Laws

Drugs continue to be a serious threats to public safety throughout the country. States are fighting the spread of those dangerous substances in their own ways with the help of their drug crime laws.

The state of Arizona has its own tough laws on the books that seek to stamp out the rampant spread of drugs in our neighborhoods. You need to know more about those laws to truly understand how costly it could be if authorities catch you using or possessing those problematic substances.

In this article, we will go in-depth on Arizona’s drug crime laws. We’ll talk about what constitutes a drug offense, the substances you must avoid, and the penalties you may face if you dabble in drugs. Feel free to read on if you also want to learn the latest developments involving Arizona’s marijuana laws.

Arizona’s New Marijuana Laws

First off, let’s talk about marijuana because the Grand Canyon State recently adopted big changes that affect how they police that substance. In case you missed it, Arizona residents approved Proposition 207 in the general election.

Also known as the Smart and Safe Arizona Act, Proposition 207 significantly changes the laws regarding marijuana possession, usage, and cultivation. It legalizes the possession, usage, and cultivation of marijuana for Arizona residents assuming they meet certain conditions.

The New Marijuana Possession and Usage Laws

With the passage of Proposition 207, adults over the age of twenty-one in Arizona can now legally possess and use up to an ounce of marijuana for personal use. They can also buy marijuana provided that the amount they purchase does not exceed one ounce.

Previously, Arizona residents needed medical clearance if they wanted to possess, purchase, or use marijuana legally.

Notably, those with a medical exemption for marijuana usage can continue purchasing and using marijuana. For them, the purchasing limit is 2.5 ounces over fourteen days.

The New Marijuana Cultivation Laws

Proposition 207 has also ushered in new laws about marijuana cultivation. According to the Arizona Department of Health Services, adults over the age of twenty-one are legally allowed to cultivate their own marijuana plants at their private residence.

The number of marijuana plants they can cultivate in one home can vary depending on who lives there. If there’s one adult present, the limit of marijuana plants that can be grown is six. If there are two or more adults present, they can cultivate up to twelve marijuana plants.

Cultivation is also legal for medical marijuana patients and caregivers. They can grow up to twelve marijuana plants at their residence if the nearest dispensary is more than twenty-five miles away.

Violations Related to Marijuana

It’s important to point out here that there are still laws that limit the possession, usage, and cultivation of marijuana in Arizona. Let’s detail them in this section.

Marijuana Possession Violations

Remember that adults over the age of twenty-one can only possess one ounce of marijuana. Exceed that limit even by a tenth of an ounce, and you could receive a $300 fine, according to NORML.

If they catch you in possession of more than 2.5 ounces of marijuana, you’re looking at potentially up to 1.5 years in jail and a maximum fine of $150,000. For possessing more than two but less than four pounds of marijuana, jail time goes up to potentially two years, and the maximum fine is $150,000.

Individuals caught in possession of more than four pounds of marijuana may be incarcerated for up to three years and fined up to $150,000.

Marijuana Usage Violations

There are limits still placed on marijuana usage in the state of Arizona. Even if you’re an adult, you are not allowed to smoke marijuana in public.

Operating any vehicle is also illegal if you used marijuana. They may cite individuals found guilty of committing that offense for DUI. You must deal with the penalties that accompany a DUI. You’ll have to deal with the penalties that accompany a DUI violation.

Marijuana Cultivation Violations

Apart from limiting the number of marijuana plants adults can grow, Arizona law also indicates that you must cultivate the plants in a specific area. Individuals who want to grow their own marijuana must use an enclosed area in their home to grow the plants. You must also secure the enclosed area with a lock or device to keep its contents away from minors.

Growing more marijuana plants than what is legally allowed is a felony. Violators could be incarcerated for up to seven years and fined up to $150,000.

Marijuana Selling Violations

You should also note that selling the marijuana you grow inside your home could be an illegal action. Arizona residents must first secure clearance to operate as a marijuana establishment if they want to sell their cultivated plants.

Selling more than the legally allowed amount of marijuana is considered a felony. Penalties will climb depending on how much you illegally sold. In cases where an individual sold more than four pounds of marijuana, that person could receive up to ten years and a $150,000 fine.

Marijuana Trafficking Violations

Marijuana can now be legally bought and sold within Arizona. However, bringing in marijuana from another state into Arizona still counts as a trafficking offense. The severity of the penalties you’ll face for trafficking will depend on how much marijuana you attempted to smuggle into the state.

Attempting to bring in less than two pounds of marijuana can lead to being incarcerated for up to seven years and getting hit with a $150,000 fine. For trafficking more than two pounds of marijuana, the fine stays the same, but the maximum sentence goes up to ten years.

Marijuana Laws Regarding Minors

Although Proposition 207 has relaxed the laws regarding marijuana possession, usage, and cultivation for adults, they remain strict for minors. If you’re under the age of twenty-one, possessing or using marijuana is out of the question.

Minors caught with marijuana will be charged with a civil penalty the first time around. A second violation will lead to a petty offense charge, while a third violation translates to a Class 1 misdemeanor.

Arizona’s Dangerous Drug Crime Laws

It’s fair to say that Arizona’s attitude towards marijuana has changed. That’s only one drug of note, however. You’ll find that the state remains strict when it comes to substances classified as “dangerous drugs.”

So, what are the “dangerous drugs” according to Arizona law?

Per the law, a dangerous drug is any material, compound, or mixture that contains certain hallucinogenic substances. Those hallucinogenic substances in question include isomers, salts, and salts of isomers. Cannabimimetic items with those same hallucinogenic substances also qualify as dangerous drugs unless they received a specific exemption.

Stimulants that contain those hallucinogenic substances that are prone to abuse similarly qualify as dangerous drugs. Depressants that can be abused are also regarded as dangerous drugs, according to Arizona law. Items that contain anabolic steroids, their esters, isomers, and/or their salts are similarly considered as dangerous drugs.

Specific examples of dangerous drugs include amphetamines, ketamine, and methamphetamine, to name a few.

Violations Involving Dangerous Drugs

The state of Arizona is not lenient when it comes to dangerous drugs. Residents can violate the state’s drug laws in a variety of ways. They also come with harsh penalties.

Possessing, using, or selling any dangerous drug is illegal in the state. Residents are also forbidden from manufacturing or even owning the equipment and chemicals used to produce dangerous drugs. Trafficking and administering dangerous drugs to another person are also considered illegal actions.

Penalties for Dangerous Drug Violations

You could receive a long prison sentence if you’re guilty of violating Arizona’s dangerous drug laws. When it comes to methamphetamines specifically, the prison sentences are long.

Individuals who sell, produce, and possess items for trafficking methamphetamine are looking at five years in prison at the least.

Often, though, the prison sentence handed down to those who committed those violations is ten years. Depending on the circumstances of your case, the sentence could go all the way up to fifteen years.

Residents who repeat those violations will be looking at even longer prison sentences.

At a minimum, a repeat offender can expect to spend ten years in prison. The maximum sentence is twenty years, while the presumptive sentence is fifteen years.

Depending on the violation you committed, you may also be deemed ineligible for parole or to have your prison sentence suspended.

Beyond the prison sentence, violators can receive fines. The minimum is $1,000. The fine could also be equivalent to three times the value of the items that constituted the dangerous drug violation.

Violators can also receive probation. During their probation, violators must render at least 360 hours of community restitution.

What Is a Serious Drug Offense in Arizona?

Violations that involve dangerous drugs are handled seriously in Arizona. On top of that, the state makes additional efforts to curb the spread of illegal drugs by clamping down hard on serious drug offenders.

When referring to serious drug offenses, we’re mainly talking about violations that involve producing, selling, and trafficking drugs.

There’s also a financial element that turns what could otherwise be a regular drug offense into a serious drug offense. More specifically, if the individual caught made upwards of $25,000 from their drug dealings, their violation will likely a serious drug offense.

You can receive a serious drug offense if you’re part of a larger network of people dealing drugs.

Penalties for Committing a Serious Drug Offense in Arizona

People caught violating one of Arizona’s dangerous drug laws could end up in prison for more than a decade. That prison sentence pales in comparison to what you could receive for a serious drug offense.

Whether you were a solo drug offender or part of a network, you may receive life in prison if you’re convicted. Like with dangerous drug violations, you cannot be pardoned or get your sentence suspended easily. Serious drug offenders must spend a minimum of twenty-five years in prison before they become eligible to get their sentence commuted.

Considering how long a potential prison sentence can be if you’re convicted, fighting the false charges against you is crucial. You’ll need a skilled and experienced lawyer to take up your case.

How a Lawyer Can Help You Fight Your Drug Charges

Arizona residents accused of violating one of the state’s drug crime laws can use different defenses in court.

If you believe that the police planted drugs on you during a routine traffic stop or some other previous interaction, your lawyer can hone in on that during the trial. Your lawyer may also argue that they obtained the illegal drugs through an illegal search.

Given the new laws that the state has enacted regarding marijuana, it’s not out of the realm of possibility that a police officer may mistakenly arrest you. If that does indeed happen, your lawyer can point out that you did nothing illegal. Your lawyer may even argue that you are due compensation for the mistake made in your case.

A police officer may also mistakenly assume that you possessed an illegal amount of marijuana. That may happen if the officer didn’t know about your medical exemption. Once again, that’s a scenario where your lawyer can prove your innocence and possibly even get you some compensation.

There are also police officers that resort to trapping private citizens to make arrests. Citing an occurrence of entrapment is a viable defense in some drug cases. Allow your lawyer to emphasize that point if applicable during your defense.

It’s not an exaggeration to say that a drug charge can ruin your life. If you are innocent of the crime, you need to fight back and prove your innocence.

Allow us at the Quirk Law Group to fight on your behalf. Contact us today and find out how we can help you combat the bogus drug charges you’re facing.

Questioning Your Safety? Get an Ex Parte Restraining Order

by John Schill | Nov 19, 2020 | Domestic Violence

CRIMINAL DEFENSE ATTORNEYS

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Questioning Your Safety? Get an Ex Parte Restraining Order

People have different reactions when they are staring at the prospect of getting divorced. Many accept the decision of their partner and cooperate, while others may react that warrants taking out an ex parte restraining order.

The hope is that you never end up in a situation where you must take out a restraining order to feel safe. Still, it won’t hurt to know about the process of requesting one.

In this article, we’ll talk at length about restraining orders. We’ll discuss ex parte restraining orders and how they are different from the standard orders. You’ll also pick up tips regarding how to file for a restraining order and how to proceed with it.

What Is a Restraining Order?

Before we can dive into the numerous topics concerning ex parte restraining orders, let’s clarify what the order itself is for. In the state of Arizona, restraining orders are known officially as protective orders.

The purpose of a restraining order is to prevent a specific person from committing domestic violence against another person or persons. The actions taken by the person named don’t have to go that far for the order to take effect, though. Protective orders are also supposed to shield individuals from acts of harassment carried out by their assailants.

It’s important to clearly define what a protective order can and cannot do.

First, you should know that restraining orders do not guarantee your safety. However, they can improve the level of safety you can have at home, the office, or school. If the order indicates that a specific person is not allowed to go near your home, office, school, or other places listed, they must abide by that.

What the protective order also does is provide you with a way to take legal action right away. If the party named in the order violates the terms, they will be held accountable by the law.

Restraining orders in Arizona are valid for one year from the original date of service. Do note, though, that the protective order will expire automatically if it isn’t served within one year.

restraining order paperwork

How Does an Ex Parte Restraining Order Differ from a Standard Restraining Order?

Standard restraining orders and ex parte restraining order are similar in terms of what they are supposed to accomplish. They are also often requested for the same reasons.

The main difference between them is how quickly they may take effect.

Typically, when you file a petition for a protective order, the court will not grant it right away. Instead, what the court will do is notify the person named as the respondent in the protective order. The petitioner and the respondent will then have opportunities to present their evidence.

After both parties present their evidence, the court will then decide whether to grant the protective order.

The issue with that process is that it can take a bit of time. If you are genuinely fearful for your safety and afraid of what the other party is capable of, every second you’re left vulnerable can make a huge difference. You may not even feel comfortable going to work or school due to the possibility that the other party is waiting there.

As much as possible, you want the protective order to take effect right away. That’s what the ex parte restraining order is for.

Once granted, the ex parte restraining order can take effect without a hearing.

The party named in the protective order will still be contacted, but the notification they receive will be a bit different. They will be notified that a protective order has been enforced against them and they will be told that they can respond during a hearing that will be set on a later date.

When Are Ex Parte Restraining Orders Granted?

The courts don’t usually like making rulings when only one side can present their case. Fairness is important, after all, and everyone should have a chance to plead their case before the courts make important rulings.

Judges are willing to make exceptions for ex parte restraining orders.

The main reason why judges grant this protective order is that they believe that the petitioner is facing an imminent threat of physical harm posed by the other party. If the judge believes that not implementing the protective order right away could genuinely endanger the petitioner’s life, it will likely be granted and served as soon as possible.

How Soon Does an Ex Parte Restraining Order Take Effect?

Let’s say that you’ve already requested an ex parte restraining order against your former spouse, and the judge granted it. Does that mean it will take effect right away? The answer to that question depends on how quickly they serve the order.

Being granted an ex parte restraining order means that the participation of the other side is not needed for the order to become effective. However, the respondent must still receive the order properly before it can take effect. The police or an authorized process server typically serves the protective orders.

Given how important serving the order is, you must be certain that you are giving accurate information to the court. The protective order can take effect sooner if the servers have an easier time finding the other party.

How Do You Request an Ex Parte Restraining Order?

The process of requesting an ex parte restraining order is pretty much the same as filing for a standard restraining order.

To get the process started, you must head to the nearest court in your area. All the courts in the state of Arizona can review and rule on protective orders, so you don’t have to worry about traveling a great distance. Notably, though, the process for requesting a protective order may vary slightly depending on the court, so call ahead of time to ask about it if you can.

Once you’ve reached the court in your area, go ahead, and speak to the court staff.

The court staff will provide you with instructions regarding how to proceed with your petition. Likely, they will ask you to fill out some paperwork.

Examples of the details they will request from you include the name, address, and birthdate of the respondent. They may also ask you if there are prior court filings that exist which involve you and the other person. The court may ask you to provide the address and contact information of the place where they must serve the protective order.

Be as accurate and detailed as you can be when providing those bits of information. Remember that the protective order can only take effect once the courts serve it. Providing accurate information will allow the other party to receive it in a shorter amount of time.

The judge will review all the paperwork you have submitted. After that, you will likely have an opportunity to speak with the judge. You and the judge can discuss your request for an ex parte restraining order in detail during that conversation.

It usually doesn’t take the court a long time to hand out rulings regarding restraining orders. Petitions are often received, reviewed, and ruled upon within the same day.

What Happens after Requesting an Ex Parte Restraining Order?

Assuming that the court did grant your petition and the person you filed against has received it, what happens next? The ball is now in the other party’s court. They will have a chance to appeal the protective order.

The respondent can request a hearing any time before the expiration of the restraining order. As soon as they let the court know that they want to appeal; the courts will set a hearing. Often, the hearing for the protective order will take place within ten days after the other party’s response.

You will also learn about the hearing, and you must attend.

What Can You Expect During the Hearing?

Upon learning when the hearing will take place, you need to prepare. Gather all the evidence you can to show that they should convert the restraining order into a permanent restraining order.

As for the hearing itself, it can go in different directions, according to LegalZoom.

The respondent may object to the ex parte restraining order. You and the respondent must then present your evidence to the court, and a trial will commence. The judge will review the evidence and hand down a ruling.

The judge can decide to cancel or convert the temporary order into a permanent one based on the evidence presented by both sides.

Now, if the respondent shows up for the hearing but doesn’t contest the ruling, the protective order will likely become permanent. The ex parte restraining order may also become permanent if the respondent doesn’t show up during the hearing.

Can an Ex Parte Restraining Order Be Dismissed?

There are three ways to get an ex parte restraining order dismissed. Let’s talk about them below.

The Court Rules against You after the Hearing

The hearing allows you and the respondent to show why the protective order should remain or be dismissed. If the respondent makes a more compelling case and gets the court to rule in their favor, they will likely dismiss the protective order.

You Failed to Show Up to the Hearing

The respondent failing to show up to the hearing will often lead to the temporary restraining order becoming permanent. You failing to appear at the hearing will have the opposite effect. The judge will likely dismiss the restraining order if you don’t show up.

You Requested to Have the Restraining Order Dismissed

It is possible to have a protective order voluntarily dismissed. To do so, you as the petitioner must go to the Protective Orders Office.

Bring an ID with you and fill out the paperwork that they give you. The judge will dismiss the order after you finish the paperwork.

How Is an Ex Parte Restraining Order Enforced?

Enforcing a restraining order is not as simple as you might have assumed.

There are cases where the person who violated the restraining order also committed a crime in the process. In a scenario such as that, you can call the police, and they will act against the person who violated the restraining order.

It’s a bit more complicated if they have not committed a crime. You can still call the police, but they can only help you file a police report. The police cannot act against the other party because they did not commit a crime.

What you can do is head to court to file a complaint. Indicate that you want the other party held in contempt of court. They should schedule a hearing after that.

During the hearing, you must present evidence proving that they violated the order. The other party may object to that and present their evidence.

If the court rules in your favor, the other party may need to pay for your attorney’s fees and related costs. They will then have a chance to purge their contempt of court by performing certain tasks.

The court may opt not to take any additional actions if the offending party completes those tasks. If the offending party does not finish those tasks, they may be fined or imprisoned.

Can You Extend the Duration of a Restraining Order?

Extending the duration of a protective order is possible if the other party violated it. Go to the court once again and file a request to have the restraining order extended. They will tell you how to proceed from there.

It’s possible that another hearing will be necessary.

Now, if the restraining order has expired and the other party did something again that is causing you to believe that you are facing an imminent threat, you can file a request for a new order.

Filing for an ex parte restraining order can be a complicated undertaking. Seeking legal assistance before filing your petition is a good idea. Contact us at the Schill Law Group and allow us to help you make your case to the judge.

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