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Is Assault a Misdemeanor or a Felony in AZ?

by | Oct 30, 2017 | Assault, Felony, Misdemeanor

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

In the state of Arizona, an assault charge may be brought as a misdemeanor or as a felony (in cases of aggravated assault). After being accused of an assault crime, then, you may be feeling some confusion. What, exactly, are you being charged with, and what are the legal ramifications? Understanding these details is a crucial part of building your best defense.

Misdemeanor Assault Charges in AZ

An individual may be arrested for a misdemeanor assault if he or she has either put another person in fear of bodily harm, has touched another person with the intent of causing physical injury, or has caused any type of physical injury to someone. Arizona courts categorize misdemeanor assault charges into three separate classes:

Class 3 misdemeanor assaults involve touching another person with the intent to injure or provoke. This carries a maximum sentence of 30 days in jail, a $500 fine, and up to 12 months of probation.
Class 2 misdemeanor assaults involve the threat of inflicting physical injury. This type of misdemeanor has a maximum sentence of four months in jail, $750 in fines, and as many as two years of probation.
Class 1 misdemeanor assaults include any physical injury to another person. If convicted, a defendant could receive up to six months in jail, a $2500 fine, and three years of probation.
In order to avoid being slapped with the maximum penalties for a misdemeanor assault, you’ll need to work with a skilled defense attorney from Schill Law Group.

Felony Assault Charges

Assault charges can quickly escalate from a misdemeanor to aggravated assault, which is a class 3 or class 4 felony. Aggravated assault charges are usually brought up against individuals when the following types of scenarios have taken place:

Serious bodily injury and/or substantial disfigurement was inflicted upon another person.
A deadly weapon was used with the intent of placing someone in imminent fear of serious injury.
The assailant committed misdemeanor assault on a police officer, firefighter, teacher, prosecutor, healthcare provider, or prison guard.
A person of at least 18 years of age committed assault on a child aged 15 or younger.
The victim was restrained at the time of the assault.
The assault occurred after the accused entered the private home of another person.
Because felony assault charges are considered to be so serious, they typically carry much graver penalties. Mandatory prison sentencing laws for aggravated assault charges in Arizona mean that first-time offenders could receive 5-15 years in prison. Defendants who have previously been convicted of a “dangerous offense” may face between 10-20 years, whereas a third-time offender could get a term of 15-25 years.

Beyond lengthy prison sentences, a felony charge also carries other penalties. If convicted, a defendant could face exorbitant fines as high as $150,000 and will lose certain civil rights, such as the right to vote and the right to bear arms.

Assault vs Domestic Violence

In cases where an assault occurs between two people who live together or between two people who are in a relationship with one another, it is considered to be a case of domestic violence. In this case, the penalties will differ. For example, a domestic violence charge will require a mandatory 26 weeks of counseling. Having the right lawyer on your team will ensure that you are charged correctly and that you receive the fairest judgement possible.

Regardless of whether it’s classified as a misdemeanor or felony, assault charges should always be taken seriously. The best way to avoid maximum penalties and to receive a more lenient sentence is to work closely with an experienced attorney from Schill Law Group. If you or someone you love has been charged with an assault, don’t wait! Please call us for a free case evaluation today.

A Brief Intro to Medical Marijuana in Arizona

by | Oct 23, 2017 | Medical Marijuana

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

A Brief Intro to Medical Marijuana in Arizona

It’s been seven years since the state of Arizona narrowly voted the AMMA (Arizona Medical Marijuana Act) into effect, which legalized both the possession and use of marijuana for specific medical conditions. Although the law went into effect in 2010, many Arizona residents are still confused about what, exactly, the law says concerning medical marijuana. Knowing the letter of the law is essential to avoid being penalized, as well as to protecting your rights. This quick primer will provide you with the basic information you need to know about medical marijuana in Arizona.

Medical Marijuana Eligibility in Arizona

When the AMMA was first launched, the state of Arizona laid down some very specific guidelines pertaining to who is eligible to obtain and use medical marijuana and to set limits regarding the possession of cannabis. If you are unsure about your adherence to any of these guidelines, it’s in your best interest to consult with an expert at Schill Law Group.

First, the law mandates that those in possession of a medical marijuana card have a “debilitating medical condition.” Arizona Revised Statutes 36-2801 define such a medical condition as being related to:

  • Cancer
  • Glaucoma
  • HIV Positive
  • Immune Deficiency Syndrome
  • Hepatitis C
  • Crohn’s Disease
  • Alzheimer’s Disease
  • Chronic or Debilitating Condition

In addition to this, the AMMA also sets forth several other requirements and limitations:

  • All patients and caregivers must be fingerprinted and may not be a registered felon. In the event that a cardholder is convicted of a felony, his or her eligibility will be revoked.
  • Cardholders are only able to legally possess up to 2.5 ounces of marijuana (including cannabis-infused edibles).
  • Medical marijuana may not legally be possessed or used near or on school grounds, correctional facilities, or public places.
  • Medical marijuana patients may legally cultivate up to 12 marijuana plants in a closed, locked facility IF the patient lives more than 25 miles from a certified marijuana dispensary.

Medical Marijuana Registration in Arizona

The state of Arizona still considers marijuana to be a controlled substance. As such, marijuana is strictly regulated. On top of qualifying for medical marijuana use through the presence of a debilitating medical condition, you are legally required to register for an identification card. You must submit written certification from your treating physician within 90 days of submitting your application for a medical marijuana ID card, and you will need to pay all applicable fees and sign an agreement not to divert marijuana to another party.

Legal Issues Surrounding Medical Marijuana in Arizona

Possessing a medical marijuana card in Arizona does not make you immune to the law. You can be arrested and penalized for possessing more than the legal limit, cultivating marijuana outside the scope of the law, attempting to sell medical marijuana to someone else, “holding” or using pot in prohibited areas, etc.

Of course, there are still some kinks and “gray areas” being worked out in the Arizona court system. Recently, an Arizona appellate court ruled that a 2012 state law which prohibited the use of medical marijuana on college campuses is, in fact, unconstitutional. The case arose as the result of a young man having been arrested and charged with a felony possession for having medical cannabis in his dorm room. Although the charges were eventually dropped to a misdemeanor, the defendant appealed the judgment. Ultimately, the appellate court determined that the 2012 law is contradictory to the AMMA, and the charges were thrown out, all as the result of strong legal representation.

If you have been charged with a crime related to the possession, cultivation, or use of medical marijuana, you need expert legal help. The professionals at Schill Law Group understand Arizona law as it pertains to medical marijuana and can build the best possible case for you. Contact us for a free consultation today.

Arizona Divorce FAQs: The Answers to Five Common Questions

by | Oct 23, 2017 | Divorce

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

Arizona Divorce FAQs: The Answers to Five Common Questions

Although dissolutions of marriage are relatively common in Arizona, no one ever expects to go through a divorce. Consequently, most people find themselves with a lot of questions about the divorce process. Finding the answers to these questions and having a better understanding of what happens during a divorce can help reduce stress levels significantly while reducing the likelihood of legal mistakes. For this reason, we’ve compiled a list of five common questions about Arizona divorces in 2017.

Question #1: Are Divorces, Annulments, and Legal Separations All Basically the Same Thing?

Simply put… no. Divorces, annulments, and legal separations are entirely different things. An annulment actually deems a marriage to be void. This is essentially the same thing as saying that the marriage never happened in the first place. Specific conditions must be met in order for an annulment to be granted in the state of Arizona. In a legal separation, a couple decides to remain legally married while physically separating from one another, usually living in separate residences. A divorce, or dissolution of marriage, is the legal termination of a couple’s marital responsibilities to one another. If you’re not sure which of these would best fit your situation, a Schill Law Group attorney can assist you with making that determination.

Question #2: What’s the Difference Between a Fault and No-Fault Divorce?

In some states, one spouse can be deemed “at fault” for the divorce due to adultery, abandonment, or cruelty. Because Arizona is a “no-fault” state, there is no need for either spouse to try to prove that the other was responsible for the ending of a marriage. Consequently, no reason needs to be given for why the petitioner is requesting a divorce.

Question #3: What Is Spousal Maintenance and How Does It Work?

Commonly referred to as “alimony,” spousal maintenance refers to payments that are made from one spouse to the other throughout the divorce proceedings, after the divorce has finalized, or both. Spousal maintenance is usually granted when one partner has been the primary source of income for the couple and the other needs financial assistance while getting his or her feet back on the ground. Spousal support is typically only granted as temporary relief so that the recipient learns to become self-supporting. Exceptions exist where the recipient is disabled or otherwise unable to obtain employment.

Question #4: How Does Child Support Work?

In some divorce cases, couples are able to come to an agreement about custody and child support arrangements. These agreements can be reached by the couples themselves, through the help of a mediator, or with the involvement of attorneys. In others, a judge must make determinations of who will have primary physical custody of the child or children and how much the other parent will need to pay each month to contribute to their needs and welfare. The amount of money to be paid is determined by examining factors, such as each spouse’s income, and the number of children involved.

Question #5: Can One Spouse Put a Stop to a Divorce?

In the case of no-fault divorces in Arizona, there is no way to stop a divorce from happening once the petitioner has filed for a dissolution of marriage. If both parties decide that they wish to reconcile and stop divorce proceedings, they are able to do so, but one spouse may not stop the other from ending the marriage.

Do you have other questions concerning the divorce process in Arizona? The legal experts at Schill Law Group are here to help. We have extensive experience in handling divorce cases and will work to protect your rights every step of the way. Give us a call for a free consultation or to learn more today.

How Much Jail Time For a 1st, 2nd, or 3rd Degree Money Laundering Charge in Arizona?

by | Oct 16, 2017 | Criminal Charges, Money Laundering

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

How Much Jail Time For a 1st, 2nd, or 3rd Degree Money Laundering Charge in Arizona?

In the most general terms, money laundering is a type of financial scheme in which a person takes steps to gain money via a criminal act. While this may seem pretty cut and dry, it’s actually a bit more complex than that.  The state of Arizona recognizes three different degrees of money laundering, and while all three are considered felonies, each have a different amount of potential jail time.

If you’re facing 1st, 2nd, or 3rd degree money laundering charges in Arizona, you should contact a criminal defense attorney at Schill Law Group immediately. Call now to schedule a free case evaluation with a Schill Law Group attorney.

A Closer Look at Money Laundering

Before we explore the three degrees of money laundering charges in Arizona, it’s important that you have a clear understanding of what the process of this crime actually looks like. In a typical money laundering case, a launderer will first acquire money via illegal activity. From here, he or she will put the money through some type of scheme in order to cover up the criminal activity, often through what is known as a “front” business. Finally, the money is returned to the launderer as “clean” (hence being “laundered”) so that he or she can spend the money. Money laundering is considered to be one of the most serious types of white collar crimes. If you have been accused of money laundering, don’t put off contacting a lawyer to begin building your defense in order to minimize or avoid jail time from money laundering charges.

Money Laundering in the Third Degree

Let’s begin with the degree of money laundering that carries the least severe punishments, including the least jail time. If you have been accused of third-degree money laundering, it means that prosecutors believe that you took part in the process of transmitting money within a laundering scheme. Although it is the lowest degree of money laundering, those convicted may face up to six years in prison for a first offense. Third-degree money laundering is a Class 6 felony in Arizona.

Money Laundering in the Second Degree

Moving one level up from third-degree money laundering is a second-degree launderer, who is accused of having an ongoing interest in, transacting, transferring, transporting, or receiving and concealing the existence of monies acquired through criminal activity or racketeering. This includes the process of providing false information to the government. Second-degree money laundering is a Class 3 felony and carries a penalty of 8.75 years of jail time for first-time offenders.

Money Laundering in the First Degree

Finally, there’s the most serious type of money laundering in Arizona. In first-degree laundering, an individual is accused of knowingly initiating, organizing, directing, or managing a scheme designed to launder money. This means that the individual has played the most active role in the money laundering scheme. As a Class 2 felony, first-time offenders will face 12.5 years in prison.

Building a Defense Against Money Laundering Charges

If you have been accused of money laundering, it is imperative that you seek legal counsel immediately. Regardless of the degree of money laundering that you are being investigated for, the charges are very serious and require serious legal defense. It’s in your best interest to avoid answering any questions or disclosing any information about your case to anyone but a reputable criminal defense attorney with the knowledge and experience required to understand the sensitive nature of these charges.

It’s important, too, to understand that the above-mentioned penalties for the three degrees of money laundering charges in Arizona pertain only to first-time offenses. Because those with prior charges may face even harsher consequences, it’s absolutely critical that you have a reliable lawyer on your team.

If you or a loved one has been accused of money laundering in the first, second, or third degree, it’s time to talk to the team at Schill Law Group. Give us a call to schedule a free case evaluation today.

Kids Born Out of Wedlock? Here’s What You Need to Know About Presumption of Paternity

by | Oct 9, 2017 | Child custody, Custody

Defending the People of Arizona

With more than 100 Years of combined experience

SCHILL LAW GROUP

8700 East Via de Ventura
Suite 210
Scottsdale, AZ 85258

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

(480) 680-7432
© 2021 Schill Law Group All Rights Reserved.

Kids Born Out of Wedlock? Here’s What You Need to Know About Presumption of Paternity

According to the Center for Disease Control (CDC), 40.3% of all children born in the United States are born out of wedlock. With so many children being born to unwed partners, it’s more important now than ever before to understand the laws surrounding presumption of paternity in Arizona.

The Importance of Paternal Relationships

It’s very important for Arizona fathers to have positive relationships with their children. Having both parents involved with raising a child is beneficial to the child and can also be advantageous for the mother and the father – regardless of whether they are living together or are separated. Presumption of paternity laws exist in order to protect the bond of father and child when a baby is born out of wedlock and to allow the father to seek custody of the child in the event of a separation or divorce. Schill Law Group understands the importance of presumption of paternity laws and fights to protect the rights of biological parents in Arizona.

Establishing Presumption of Paternity in AZ

There are instances when the biological father of a newborn child is not immediately clear. Although a paternity test may be required at some point, there are other ways in which a presumed father can be established before any testing. One way in which a man may be presumed to be the father of a child is when the man was either married to the child’s mother 10 months before the baby’s birth, or the marriage ended within 10 months of the child being born. Another way in which a father’s paternity is presumed is when the mother and father both sign the birth certificate or an acknowledgment of paternity in the presence of a notary or two witnesses. The final way in with paternity may be presumed is after a paternity test has been taken and comes back with a result that shows at least a 95 percent probability that the man in question is the father.

What Presumption of Paternity Allows in AZ

When a man is presumed to be the father of a child, that presumption is what establishes a father’s right to seek out child custody in cases where he isn’t married to the child’s mother. In the event that the presumed father is legally married to the mother, the presumption of paternity allows him to seek custody in the event that the marriage is dissolved in the future. These types of actions can only be taken when a man is a presumed father. If a man believes that he is the biological father of a child, but is not the presumed father, he will need to take steps to establish paternity.

Rebutting Presumption of Paternity in AZ

The state of Arizona demands “clear and convincing evidence” when rebutting a paternity presumption. In some cases, a mother may need to rebut a presumed father’s right to custody if she believes he is not, indeed, the biological father. In other cases, a man who believes he is the biological father of a child may need to rebut the presumed paternity of another man. Whatever the case may be, this process will demand serious legal representation in order to properly gather the evidence and make the best case for the well-being of the child.

Do you require legal assistance with your presumption of paternity case in Arizona? Our team is here to help in your hour of need.  Call the Schill Law Group to set up a free consultation today.

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