by John Schill | Dec 25, 2017 | Parenting, Visitation
Defending the People of Arizona
With more than 100 Years of combined experience
Child Visitation and the Holidays
Raising children is complicated and it gets even more challenging when a divorce or separation is involved. Throw the holiday season into the mix and you’ve got a recipe for disaster – that is, unless, you know how to successfully navigate the holiday season with your ex and your children. There’s a right way and a wrong way to go about dividing up your kids’ time during this festive time of year. Here’s a closer look at what Arizona law has to say about child visitation and custody during the holidays.
Custody vs. Parenting Time
Many parents become confused by the terms “custody,” “visitation,” and “parenting time.” The state of Arizona defines custody as the right of a parent to make decisions concerning the care and welfare of a child. In many instances, both parents are granted this right to “legal decision making” in the lives of their children. Having “custody” over a child does not necessarily mean that you are entitled to having your children for the holidays, however. In addition to custody, the state of Arizona also makes legal determinations about “parenting time” (or visitation). After a divorce or separation, parents are given the opportunity to create a parenting time schedule that makes sense for the family and is in the best interest of the children. This type of agreement should include arrangements regarding which parent gets to spend time with the children on important holidays. Because emotions often run so high when creating a parenting time agreement, however, most parents make the decision to work with an attorney. The Schill Law Group has years of experience in drafting favorable parenting time agreements and is ready to help you create and enforce yours.
Parenting Time and Holidays
Holidays tend to take priority over regularly scheduled parenting time. During the holiday season, parents want to be close to their kids and often want to travel to visit distant relatives and loved ones. This can create conflict in parenting schedules and cause emotional turmoil – both for the parents and for the children. Because of this, it’s very important to be willing to communicate and work with the child’s other parent in order to come up with a visitation schedule that works for everyone. As you, your ex, and your attorney work to create a holiday parenting time schedule, it’s important to keep your child’s interest at the forefront of all decisions. Children enjoy and desire having the chance to spend special time with each parent and set of extended family members. This may mean planning celebrations for different days and times or scheduling planned phone calls or video call sessions.
Parenting Time and School Breaks
The holiday season means prolonged periods of time off from school. As a parent, you want to be able to spend as much time with your children during their school vacation as possible. It’s important, once again, to remember that children want to have the opportunity to enjoy their break with both of their parents. When creating a parenting time schedule, make sure that your lawyer helps you and your child’s other parent to properly divide up school breaks. Some parents choose to make this division by having the child spend weekdays with one parent and weekends with the other. Or parents may prefer to trade off with one another after several days or every other week. Make sure that you are consistent with your schedule so that your children know what to expect.
The holidays are a season of joy. Don’t let a poorly planned parenting time schedule get in the way of your holiday spirit. Talk to the attorneys at Schill Law Group today about establishing a parenting time schedule that makes sense for you and your child.
by John Schill | Dec 11, 2017 | Criminal Charges, Drugs, Felony, Possession of an Illegal Substance
Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. “Dangerous Drug” possession is considered a Class 4 Felony in Arizona. Because this class of felony charge can result in lengthy jail sentences and hefty fines, it’s important to understand what constitutes a “dangerous drug.” After all, the term “dangerous drug” seems somewhat vague and subjective. Under Arizona law, however, there are no gray areas. Today’s post will outline what a dangerous drug really is and what you can expect if charged with possession.
What are “Dangerous Drugs” in Arizona?
Although it could be argued that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a “dangerous drug.” Generally speaking, a drug is considered to be dangerous when it is an illegal narcotic other than marijuana. The list is extensive, but some of the most commonly abused drugs that are included on the list of drugs deemed “dangerous” under Arizona law include:
- Methamphetamines
- LSD
- Ecstasy
- Steroids
- Mescaline
- MMDA
- GHM
- Clonazepam
- Psilocybin Mushrooms (“Magic” Mushrooms)
The attorneys at Schill Law Group can provide you with the full list of dangerous drugs for your review. We have worked numerous cases involving the possession of dangerous drugs and have skillfully helped countless defendants navigate their legal options when facing such a charge. Through aggressive courtroom tactics, we have achieved many positive case outcomes, including dismissed cases and reduced charges.
Possession of Dangerous Drugs in Arizona
The most common dangerous drug charge in Arizona is for possession. If you are arrested for a first or second offense of possessing a dangerous drug, you could face 1.1-3.7 years of jail time, fines, and a felony charge on your record. Third-time offenders and any subsequent offenses may receive jail sentences ranging from 1.5-3.7 years. In cases where the drug involved was not meth, first and second-time offenders may be given the opportunity to attend substance abuse treatment and to submit to random drug testing in lieu of jail time. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. Some first and second-time offenders can also have their charges reduced to a misdemeanor. Having the right lawyer on your team will ensure the best possibility for a favorable outcome.
Other Dangerous Drug Charges in Arizona
Beyond simple possession, there are other ways to get in trouble with Arizona law as it pertains to dangerous drugs. If for instance, you are arrested for possessing dangerous drugs with the intent to sell, you may be charged with a Class 2 Felony which carries a 3-15 year sentence, depending on prior convictions and quantities. The manufacture of dangerous drugs or administering a dangerous drug to another person is also a Class 2 Felony and carries serious penalties including prison time and fines.
Fighting a Dangerous Drug Case in Arizona
Because the state of Arizona takes dangerous drug crimes very seriously, it’s imperative that you have a qualified defense attorney working on your side. Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case.
The team at Schill Law Group understands the complexities of Arizona dangerous drug laws and can help you build your very best defense. Have you or someone you love been accused of a crime involving a dangerous drug? Let us start fighting for your rights today. Call the attorneys at Schill Law Group for a free case evaluation immediately.
by John Schill | Dec 11, 2017 | Annulment, Blog, Divorce
Marriage annulments are quite rare in Arizona, but that doesn’t mean that the procedure isn’t available to those for whom the required legal grounds exist. Although divorce is a much more common route for marriage dissolutions, annulment could be a viable option for you. Understanding exactly what an annulment of marriage is in the state of Arizona will help you determine your eligibility and how to proceed with the dissolution of your marriage.
Mariage Annulment Defined
The experts at Schill Law Group frequently receive questions about annulment vs. divorce in the state of Arizona. An annulment of marriage derives from the idea that the marriage was invalid from the start. In other words, it means that a legal marriage never actually existed. When an annulment occurs, both parties’ status is returned to single, and they are considered to have never been lawfully married at all. If a marital relationship is eligible for annulment proceedings, it will be classified as either “void” or “voidable.” You may sometimes refer to an annulled marriage as a “nullified” marriage.
Civil vs. Religious Annulment
One of the most confusing aspects of marriage annulment in Arizona has to do with a religious annulment. Many Arizonans confuse the concept of a civil annulment vs. a religious annulment. In a religious annulment, a church tribunal might declare that a marriage is annulled to allow one person to marry another in church. This type of annulment does NOT carry any legal weight. In a civil (or legal) annulment, a petition is filed with the court and a judge makes a determination and issues orders. This, of course, means that specific conditions must be met in order for the annulment to be issued.
Grounds for Annulment of Marriage in Arizona
There are multiple reasons why a marriage might be annulled in the state of Arizona, rather than dissolved through divorce proceedings. Grounds for an annulment include:
- Duress/Lack of Consent – Voluntary consent is required for legal marriage. If a person is forced or compelled to marry under the threat of violence, the marriage is voidable and, therefore, eligible to be annulled by a judge.
- Lack of Mental Capacity – If an individual marries while he or she is insane, mentally ill, or otherwise mentally incapacitated, this person cannot provide legal consent to take part in getting marrying. As such, there could be grounds for annulment.
- Fraud – If either party was intentionally dishonest or misrepresented facts about himself or herself for the intent of tricking the other person into marriage, the marriage may be annulled on the grounds of fraud.
- Intoxication – When one individual was intoxicated, drugged, or otherwise under the influence at the time of the marriage proceedings, the marriage could be annulled due to the inability to legally consent to the marriage contract.
- Impotency – When arguing for an annulment due to impotence, the complaining individual must offer proof that the other party was both permanently and incurably impotent at the time of the marriage, AND that the condition was not known until after the marriage took place.
- Underage Marriage – In the state of Arizona, any child under 18 years of age must have the consent of a parent or guardian in order to legally marry. If the child is under the age of 16, he or she will also need to obtain the approval of a Superior Court judge. If these conditions are not met prior to marriage, the marriage is voidable and may be annulled.
- Incestuous Marriage – Incest is automatic grounds for annulment, as Arizona state law prohibits this type of arrangement. It is thereby void from the start.
- Bigamy – In the event that one party enters into marriage with a new partner before legally dissolving a previous marriage, he or she has committed an act of bigamy and the marriage is void.
Do you believe that your marriage may be eligible for annulment proceedings in the state of Arizona? Schill Law Group can help. Give us a call to determine the best way to dissolve your marriage today.
by John Schill | Dec 4, 2017 | Blog, Felony, Theft
Being accused of theft should never be taken lightly. In the state of Arizona, there are varying degrees of classifications of theft. While the accusation of theft is always a serious charge, each classification comes with its own unique set of penalties. Understanding the differences between a misdemeanor theft and the various classes of felony theft is important to building the best case for your defense and protecting your future.
What is Theft?
Under Arizona State law, a person can be convicted of the crime of theft in situations where they knowingly (and without having the lawful authority to do so), take any of the following actions:
- Using someone else’s property or services for any unauthorized period of time.
- Committing fraud as a means of obtaining another person’s property or services.
- Controlling lost property without making a reasonable attempt to locate its owner.
- Controlling someone else’s property with the intent of depriving the said person of the property.
- Controlling stolen property.
- Obtaining compensable goods or services without paying for the goods or services.
Schill Law Group understands the law as it pertains to all types of theft and can help fight on your behalf.
Misdemeanor vs Felony Theft in Arizona
The primary difference between a misdemeanor and felony theft charge in the state of Arizona concerns the dollar value of what was stolen. Generally speaking, the higher the dollar value of the property or service that was stolen, the harsher the penalties will be if convicted. ARS § 13 – 1802 mandates that a theft shall be classified as a misdemeanor unless the dollar value of what was stolen exceeds $1000. Theft crimes exceeding this amount will be brought forth as a felony charge. There are, of course, exceptions to this rule. In the event that a firearm or an animal is stolen, the charges will be brought as a felony. Other extenuating circumstances, such as an assault during the theft, could also impact the severity of the charges.
Classification and Penalties for Theft in Arizona
The following is an outline of the different classifications of theft in Arizona and their corresponding penalties:
- Class 1 Misdemeanor Theft – Theft of property or services with a dollar value of less than $1000 is designated as a Class 1 misdemeanor, and is the lowest-level theft offense. Sometimes, this level of theft is described as “petty theft.” A Class 1 misdemeanor theft is punishable by as many as six months of jail time, fines up to $2500, and restitution to the victim.
- Class 6 Felony Theft – The lowest level felony theft charge is designated as a class 6 and involves cases, where the property or services involved, were valued between $1000 to $2000. If convicted, punishment involves a minimum of four months to a maximum of two years of incarceration and fines up to $150,000.
- Class 5 Felony Theft – This class of theft involves property or services valued between $2000 to $3000 and carries a sentence of six months to 2.5 years in prison and a fine not to exceed $150,000.
- Class 4 Felony Theft – Here, property or services involved in the theft are valued between $3000 and $4000. In addition to this, the theft of any vehicle engine or transmission (regardless of the actual dollar value) is designated as a Class 4 Felony theft. Punishment includes one to 3.75 years of incarceration and fines of no more than $150,000.
- Class 3 Felony Theft – A theft is designated as a Class 3 felony when a property is valued at at least $4000 but not greater than $25,000. If convicted, punishment includes two to 8.5 years in prison and a fine of up to $150,000.
- Class 2 Felony Theft – The most serious class of felony theft in Arizona, this type of charge involves property or services with a value of $25,000 or greater. Those convicted may receive three to 12.5 years of incarceration and fines not to exceed $150,000.
If you or someone you love has been charged with theft, NOW is the time to reach out to Schill Law Group for legal help. Reach out to us for a free consultation and we’ll start building your case today.
Frequently Asked Questions
1. What Is Felony Theft in Arizona?
Felony theft in Arizona refers to stealing property or money valued above a certain amount as defined under ARS 13-1802, the state’s theft statute. Generally, theft becomes a felony when the value exceeds $1,000, but penalties increase with higher amounts — for example, theft over $25,000 is a Class 2 felony, one of the most serious charges. Felony theft convictions can result in prison time, fines, and a permanent criminal record.
2. What Is the Felony Theft Amount in Arizona?
The felony theft amount in Arizona starts at $1,000.
Here’s a breakdown under ARS 13-1802:
Under $1,000: Usually a misdemeanor theft.
- $1,000–$2,000: Class 6 felony.
- $2,000–$3,000: Class 5 felony.
- $3,000–$4,000: Class 4 felony.
- $4,000–$25,000: Class 3 felony.
- Over $25,000: Class 2 felony.
The higher the amount, the harsher the sentencing. A criminal defense lawyer can help reduce or challenge the felony classification.
3. What Counts as Misdemeanor Theft in Arizona?
Misdemeanor theft applies when the property’s value is under $1,000 and no aggravating factors (like weapons or fraud) are involved. Penalties may include jail time up to six months, probation, restitution, and fines. Even though misdemeanor theft is less severe, it can still affect employment and background checks, so it’s important to seek legal representation.
4. What Are the Typical Theft Charges in Arizona?
Arizona recognizes several theft charges, including:
- Petty theft (shoplifting or small-value items)
- Felony theft (high-value property)
- Theft of means of transportation
- Credit card theft
- Embezzlement or fraud-based theft
Each charge carries different penalties under ARS 13-1802, depending on value and intent. A skilled theft defense attorney can help you understand what you’re facing and fight for reduced or dismissed charges.
5. What Does ARS 13-1802 Mean?
ARS 13-1802 is Arizona’s main theft statute. It defines theft as knowingly controlling another person’s property with the intent to deprive them of it — whether through deception, unauthorized control, or failure to return borrowed items. This law also outlines how the value of stolen property determines whether the charge is a misdemeanor or felony.
6. Is It Grand Larceny If I Don’t Return Extra Money from a Payday Loan in Phoenix, Arizona?
If a Phoenix payday loan company accidentally gives you extra money and you knowingly keep it, it can be considered theft under ARS 13-1802, not necessarily grand larceny (Arizona doesn’t use that term legally). The key factor is intent — if you realized the mistake and didn’t attempt to return the funds, prosecutors could file theft charges. Consulting a Phoenix theft lawyer immediately is the best step to avoid criminal consequences.
7. What Is Considered Petty Theft in Phoenix?
Petty theft in Phoenix (or petty theft Arizona) generally involves stealing property valued under $1,000. It’s a misdemeanor but still serious — it can lead to fines, jail time, and a criminal record. A Phoenix petty theft lawyer can help negotiate reduced penalties, alternative sentencing, or even case dismissal depending on circumstances.
8. What Are the Penalties for Theft Charges in Arizona?
Penalties for theft charges in Arizona depend on the property’s value, prior convictions, and whether violence or fraud was involved.
- Misdemeanor theft: Up to 6 months in jail and $2,500 in fines.
- Felony theft: From 4 months to 12.5 years in prison depending on the felony class.
Judges also order restitution to the victim. Having a knowledgeable defense attorney can greatly influence sentencing outcomes.
9. How Can a Theft Defense Lawyer Help Me?
A theft defense lawyer in Phoenix or Arizona can analyze your case, challenge evidence, and negotiate with prosecutors. Whether you’re accused of felony theft, misdemeanor theft, or a violation under ARS 13-1802, an attorney can often reduce the charge or seek alternative sentencing options.
10. Can I Clear a Theft Charge from My Record in Arizona?
Yes. After completing your sentence, you may be eligible to set aside a conviction in Arizona. Although it doesn’t erase the record, it shows the charge was resolved, which can help with jobs and housing. Your Arizona theft attorney can guide you through the expungement or set-aside process.
