Unlawful Flight to Avoid Prosecution in Arizona

by John Schill | May 28, 2021 | Criminal Charges

CRIMINAL ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Unlawful Flight to Avoid Prosecution in Arizona

The sound of a siren blaring behind you and the sight of a police car coming are not exactly pleasant stimuli when you are driving. Usually, they are indicators that you have done something wrong, but whatever you do, avoid engaging in unlawful flight.

We understand that the knee-jerk response some people have for pursuing law enforcement is to drive away. You may not even be thinking clearly about what you are doing. Your fight or flight instincts kicked in, and the latter won out.

In this article, we will detail why fleeing any pursuing law enforcement vehicle is a bad idea. Stay tuned to learn about potential penalties you may face and defenses you can use against those charges.

Defining Unlawful Flight from Pursuing Law Enforcement

To get things started, let’s first define what unlawful flight from law enforcement is. Per Arizona law, any driver who willfully flees or attempts to elude a pursuing law enforcement official can be found guilty of this particular offense.

Driving away from the police is illegal. Learning that fleeing or at least attempting to flee from the police constitutes a criminal offense should come as no surprise.

However, there are some notable elements of this law that people may not know about.

Unlawful Flight from an Authorized Emergency Vehicle

There must be a clear reason why the police officer asked you to stop. Police officers typically ask drivers to stop for one of four reasons.

Due to a Suspected Violation

The first reason is related to a suspicion that they have. If the police had reason to believe that you committed a crime of some sort, then they may possess the authority to pull you over.

This is usually the case if a police officer thinks you were speeding, moving through a red light, or if they thought you were driving under the influence of alcohol. That suspicion is substantial enough for them.

Due to an Actual Violation

Another reason why the police officer may ask you to pull over is they saw you commit a violation. Drivers who text while operating their vehicle will be stopped by a police officer right away. The same goes for committing almost any other offense.

Fleeing from the police officer in that scenario could land you in more significant trouble.

Due to Being a Suspected Individual

It does not happen as often in real life as it does in the movies, but criminals will go on the run sometimes. When something like that happens, alerts will usually go out to police officers in the area, informing them of a criminal on the loose.

The police officers may sometimes receive precise information such as the vehicle’s license plate and a clear description of the suspect. It is also possible that the information given to the police officers is somewhat unclear. They may have a general description of the culprit’s appearance and the color of the vehicle, but nothing more.

If a police officer does not have precise information to work with, they may ask drivers who resemble the assailant to stop. They may do something similar for all drivers operating vehicles that look similar to what the suspect has.

In pursuit of a criminal, the police may deem it necessary to cast a wide net. You may be affected by that if you look somewhat like the criminal or have a vehicle similar to what they have.

Being annoyed that a police officer asked you to stop due to a case of mistaken identity is understandable. Still, things could turn out worse if you refuse to stop your vehicle.

Due to an Emergency Call

Lastly, a police officer may also ask you to pull over due to an emergency call. The police may have received a call specifically about you and your vehicle. You will need to comply with that order from the police or risk running afoul of the law.

What Police Officers Can Do to Chase You Down

The law grants police officers special exemptions if they are pursuing a suspected criminal. If the vehicle pursuing you has an operating siren that is visible 500 feet from the front of the vehicle, they can do certain things on the road.

Drive Past Red Lights and Stop Signs

You may have thought of potentially running a red light to avoid the pursuing police officers. Do note that such an action will not work in your favor.

Police officers pursuing a suspected criminal can drive through a red light or a stop sign. They can do that if they first slow down to ensure they can proceed past the red light or stop sign safely.

Ignore Laws about Turning or Moving in Specified Directions

The signs indicating that vehicles must turn a certain way or head to a particular road do not apply to police officers during the pursuit. They can drive down whichever road necessary to reach your vehicle.

Disregard Speed Limits

Police officers are also not obligated to heed speed limits if they have their sirens blaring while chasing down a potential offender. They can continue to operate their authorized emergency vehicles in that manner if they are not endangering anyone or any property.

Unlawful Flight from an Unmarked Vehicle

It is obvious that you need to stop if you see a police car tailing you and asking you to pull over. However, law enforcement officials do not always use police cars.

There are times when police officers will use an unmarked vehicle instead of an authorized emergency vehicle.

Police officers operate unmarked vehicles for different reasons. Most of the time, police officers use those unmarked vehicles to enforce traffic regulations.

A police officer driving a clearly marked authorized emergency vehicle is one thing. You know right away that you should probably stop in that situation.

Figuring out what to do when an unmarked vehicle is approaching you is tougher. Still, you can be charged with a crime if you decide to flee. The factors detailed below will determine whether your decision to drive away from the unmarked vehicle constitutes a violation of the law.

You Admitted to Knowing That the Unmarked Vehicle Was Being Used by Law Enforcement

After you decide to stop after a brief chase, the police officer may come up to your window and ask if you knew they were law enforcement. The answer you give there will go a long way towards the outcome of a potential case.

Confirming that you knew law enforcement was pursuing you could prove harmful to you in court. It is a big piece of evidence the police can use against you if they charge you with unlawful flight.

Evidence Indicates That You Knew the Unmarked Vehicle Was Being Used by Law Enforcement

You are not out of the woods, even if you claim you did not know the unmarked vehicle was law enforcement. If the police officers can come up with evidence indicating that you knew they were law enforcement, they can charge you with unlawful flight.

Why Do Drivers Flee from Law Enforcement?

Trying to run from the law is generally not advisable. So, why do people attempt it anyway? Listed below are some of the reasons why drivers try to speed away from law enforcement.

The Driver Was Unaware of the Presence of Law Enforcement

When police officers use unmarked vehicles, there is always a chance that drivers will not recognize them. Some drivers may attempt to flee because they are unsure if police officers are chasing them down. That would be an unfortunate situation for any driver, and it can happen from time to time.

The Driver Was Afraid of Being Caught in a Trap

Nefarious individuals will use whatever means necessary to trick unsuspecting victims. They may masquerade as police officers driving unmarked vehicles by using sirens.

If you have been victimized by those criminals before, you will naturally be wary of being targeted again. Even if you hear that familiar siren, you may not stop unless you see a real police car behind you.

The Driver Committed a Violation of Some Kind

The driver may also try to escape from the cops simply because they know they did something wrong. They may be driving under the influence, driving with a suspended license, or trying to escape some other charge.

Some individuals may be aware that law enforcement catching up to them will turn out badly no matter what, so they would rather try to escape instead of pulling over.

What Are the Penalties for Unlawful Flight from Pursuing Law Enforcement?

Anyone found guilty of unlawful flight from pursuing law enforcement can receive a class 5 felony. A class 5 felony is a serious charge in Arizona.

Guilty parties usually render community service as part of their punishment. They may also pay fines. In some cases, the offending party may also be put on probation.

The most significant penalty in an unlawful flight case is prison time.

The minimum prison sentence for a class 5 felony in Arizona is nine months in prison. The presumptive sentence is a year and a half of incarceration. Meanwhile, being hit with the maximum sentence could mean that you will spend the next two years in prison.

It is still possible for a guilty individual to avoid prison time in an unlawful flight case. If they have no other felonies on their record, the judge may show leniency and opt for probation instead. Working with an experienced lawyer can also help you avoid the harshest possible penalty.

There are some benefits people may receive from having no felonies on their record, but there are also penalties that stem from having a criminal history. If you are a repeat offender, you could find yourself saddled with a longer prison sentence.

What Are Potential Defenses That Can Be Used in an Unlawful Flight Case?

Do not lose hope even if they charge you with unlawful flight, and you genuinely were not trying to avoid the police. There are still defenses you can use to justify your actions.

You Did Not Know That the Police Officers Were Using an Unmarked Vehicle

This is among the more effective defenses in unlawful flight cases.

Did the cops use an unmarked vehicle to chase you? If so, you and your attorney can argue that you were unaware that police officers were in that vehicle.

It would be difficult to prove that you knew about their presence if they were using anything other than a police car. Avoid saying anything they can construe as an admission that you knew the police were pursuing you. The police officers should be the ones tasked with proving you committed a crime.

You Wanted to Find a Safe Spot before Pulling Over

The police officers may start telling you to pull over in the middle of a road with fast-moving vehicles. Being concerned for your safety, you decide not to stop right away. Instead, you drive a bit more until you can find a suitable spot to park your vehicle.

You did not do anything wrong from your perspective, and you certainly were not trying to avoid the police. However, the police officers may interpret your refusal to stop right away as an attempt at an unlawful flight.

Make your intentions clear in court and use that as your defense.

You Were Dealing with an Emergency

One more defense you can use is to say that you were rushing to an emergency when the police officers asked you to pull over. Stopping to tell the police officers about your emergency is the smart move in that situation. At that time, though, you may have been too preoccupied with the crisis to think that clearly.

Mention that in court and use it to explain your refusal to pull over immediately.

An unlawful flight charge is one you can successfully fight against. Reach out to us at the Schill Law Group and let us help you defend yourself against this serious accusation.

Violating Your Probation in Arizona – What to Expect

by John Schill | May 27, 2021 | Probation

CRIMINAL ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Violating Your Probation in Arizona – What to Expect

Probation is a form of punishment officials can levy upon those convicted of committing crimes. It is preferable to spending time in jail or prison, but you should know that committing a probation violation can land you in worse trouble.

A lot of people are probably aware that serious consequences await them after a proven probation violation. However, they may not know what penalties they may face.

In this article, we take a closer look at probation and examine the many aspects of it and everything it entails. After that, we will also look at what could happen if you violate the terms of your probation.

Please join us as we dive deeper into Arizona’s laws regarding probation and potential violations.

The Punishment of Probation

Before we get into what could happen after violating the terms of your probation, let’s take the time to learn about that form of punishment first.

Probation is a form of punishment handed down to those who have pled guilty or have been convicted of some offense. In some cases, individuals who plead guilty or have been convicted will need to spend time in either jail or prison, depending on their crimes.

The idea behind probation is to give some offenders a way to avoid incarceration. Defense attorneys may angle to secure probation for their clients during negotiations with the state. They may also request this form of punishment from the judge on behalf of their clients.

Although probation is preferable to incarceration in many ways, do note that it has downsides as well for the defendant.

For instance, probation can prove to be more expensive for the defendant. There are cases where a defendant may be required to pay restitution to the plaintiff. Depending on the probationer’s current employment status, they may find that requirement especially difficult to meet.

Another thing to note about probation is that it often lasts longer than the prison sentence someone may receive. You may deal with restrictions longer, even if you avoided incarceration.

How Long Will a Probationary Period Last?

The length of the probationary period can vary depending on several factors. Among those factors is the nature of the crime committed.

Probationary Periods for Misdemeanors

Misdemeanors often come with shorter probationary periods relative to felonies.

The shortest probationary periods are for those guilty of a class 3 misdemeanor. Examples of class 3 misdemeanors in Arizona include speeding and leaving the scene after hitting a parked car.

For class 3 misdemeanors, the guilty party’s probationary period may last for up to one year.

Next up, we have class 2 misdemeanors. Probationary periods for class 2 misdemeanors can last for up to two years. They may find you guilty of a class 2 misdemeanor in Arizona if you verbally assault someone or drive recklessly.

The maximum probationary period for a class 1 misdemeanor is three years. Offenses such as public urination, shoplifting, and driving under the influence all qualify as class 1 misdemeanors.

Probationary Periods for Felonies

Unsurprisingly, the probationary periods for more serious offenses that qualify as felonies last longer. Yet again, you see the length of the maximum probationary period increase in conjunction with the severity of the crime.

Class 5 and Class 6 felonies are included in one group for probationary periods. You may be charged with a class 5 or 6 felony if you engaged in animal cruelty, committed sexual abuse, or resisted arrest.

Committing a class 5 or 6 felony can land you a probationary period of up to three years.

The probationary period for class 4 felonies can last for four years. Crimes such as theft and possession of dangerous drugs qualify as class 4 felonies in Arizona.

Those who are guilty of committing a class 3 felony can find themselves on probation for five years. You can understand why the probationary period lasts that long, given the severity of class 3 felonies. Notable examples of class 3 felonies include stealing a car and assault with a deadly weapon.

Last up; we have the class 2 felonies. Class 2 felonies are serious offenses, and they include arson, manslaughter, and sexual assault.

Anyone convicted of a class 2 felony can expect to be on probation for a long time. The probationary period for those individuals may last for seven years, per Arizona law.

When Is a Probationary Period Terminated?

Probationary periods can last for the lengths of time mentioned above. However, the opposite may also take place. A probationary period may also be terminated before the maximum length is reached.

Certain conditions must be met before an offender’s probationary period is terminated.

For instance, an offender who must pay restitution will need to finish paying that amount first before the courts will terminate their probation.

Notably, they may extend a probationary period because of restitution payments. An offender who fails to complete the payments before their probation ends may have their probation extended.

They may extend a probationary period for up to two years for those guilty of a misdemeanor, and those who committed a felony could be up to five years.

Going back now to termination, the judge may deem it appropriate to end a person’s probationary period if they have exhibited exemplary conduct. A judge may also terminate probation if they believe that doing so will be more beneficial to society.

The judge could also take the offender’s current situation and the severity of the crime they committed when deciding whether to terminate probation. An offender who is struggling financially due to their probation may also get their sentence terminated.

Also, the offender could file a petition to have their probation terminated. Working closely with a lawyer will be necessary for those seeking that kind of relief.

What Happens if You Violate the Terms of Your Probation?

A probationary period can last for a long time. During that time, you will need to meet specific requirements, and officials will restrict some of your actions.

Some people have trouble meeting the terms of their probation. Because of that, they will now need to deal with the severe consequences stemming from a probation violation.

So, what are the penalties that they can impose on someone guilty of a probation violation? Let’s go over those penalties in the sections below.

Intensive Probation Supervision

Intensive probation supervision is one of the penalties you may face following your violation. As the term suggests, this is essentially a harsher form of probation.

Crucially, they do not remove the terms of your original probation. You will still need to follow them. The difference is that you must comply with additional rules now that you are under intensive probation supervision.

While you are under this program, they can order you to surrender all your paychecks. The government will then take money from your paychecks and use it to fulfill your financial obligations. That means they will use the money to pay the remaining restitution and any outstanding fees to the court.

Losing control over your finances is only one downside of intensive probation.

You may also be subjected to corrective and cognitive intervention carried out by the probation officers. The same officers also conduct direct field supervision. Probationers may also be in a close monitoring program that lasts for 24 hours.

Lastly, you must abide by the guidelines of intensive probation until you complete it. You get no days off from it. Fail to meet the conditions of your intensive probation, and you could face even stiffer penalties.

By the way, finishing the intensive probation program does not mean you are finished. After fulfilling the requirements of the program, you will be placed under regular probation again.

Considering how restrictive intensive probation can be, it is in your best interests to avoid it at all costs.

Additional Community Service

Many offenders are ordered to render community service as part of their sentence. If you violated the terms of your probation, they might order you to more hours of community service.

Given the other penalties you may be hit with after violating your probation, additional community service may seem like a lighter form of punishment.

Additional Fines

Individuals guilty of violating their probation may need to pay additional fines. Officials can use these additional fines to cover the costs associated with your new penalties.

Imprisonment

The judge may have taken mercy on you previously when they sentenced you to probation instead of prison. After violating the terms of your probation, the judge may no longer afford you any leniency.

Instead of sentencing you to harsher probation, additional community service, or more significant fees, the judge may decide to send you to prison.

It is important to note here that your prison sentence will correspond to your original offense. If the way you violated the terms of your probation does not constitute a crime itself, that will not affect the length of your prison sentence.

Other Penalties

There are other penalties you may face due to your inability to complete your probationary period without incident. For example, you may need to attend special classes or wear monitoring devices.

Those penalties will place additional restrictions on your everyday life. They will make dealing with the terms of your probation even more challenging.

The Different Ways to Commit a Probation Violation

What constitutes a probation violation? Basically, any action that goes against the terms of your probation is equivalent to a violation.

Probation violations can be quite varied, though. That is because the terms of probation imposed can differ from one person to the next.

Detailed below are some of the more common kinds of probation violations.

Drinking Alcohol

If you are an adult, drinking alcohol is not an issue. However, you may be guilty of a serious offense if you got behind the wheel of your car and drove while intoxicated.

DUI violations are always taken seriously in Arizona. Still, if you have no prior history of drunk drinking, the judge may take it easy on you by placing you on your probation. Still, the judge may order you to refrain from drinking alcohol for the duration of the probationary period. Get caught drinking, and you may face some severe consequences.

Missing a Drug Test

The terms of your current probation may require you to submit to drug testing. That could be because your original offense was related to selling or using dangerous drugs.

In any case, you should always make time for those drug tests. Missing even one test can be a big problem. Obviously, registering a positive result on a drug test also means that you violated your probation.

Tampering with a Monitoring Device

Individuals convicted of driving under the influence are often required to install an ignition interlock device on their vehicle. This device prevents the vehicle from starting if it detects a specific amount of alcohol in your breath.

Tampering with that device is not allowed. If you are on probation, tampering with that device may constitute a violation.

You should also avoid tampering with any other monitoring devices that you may have been ordered to use.

Failing to Pay Fees

Remember those fees that the court ordered you to pay? Failing to pay them is equivalent to a probation violation.

Right from the start, clear up the terms of the payment plan with the other side and make sure you can meet them. You can also renegotiate if your employment status changes.

By the way, falling behind on your court fees can be considered a probation violation.

Failing to Show Up in Court

When you have a specific date to show up in court, you must be there. Failing to appear in court at the designated time is another example of a probation violation.

As a defendant, you may also check in with the judge periodically as part of your probation. Make sure you fulfill that obligation as well.

Are you being accused of violating the terms of your probation? Fight against those allegations by partnering with an experienced attorney. Contact us at the Schill Law Group and allow us to help with your legal troubles.

How to Clear Your Criminal Record

by John Schill | May 26, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

How to Clear Your Criminal Record

Many of us made foolish mistakes when we were younger. Some of those mistakes turn into nothing more than amusing stories told occasionally, but others end up on a criminal record.

Even though you are a changed individual and have learned from those mistakes, they may still haunt you. That is an unfortunate reality many people deal with today.

But is there a way to change that? Can you clear your criminal record and get a fresh start?

In this article, we will come up with the answers to those questions. Stick around and see what options are available to Arizona residents looking to finally clear their record after years of living with their earlier mistakes.

Why Should You Look into Clearing Your Criminal Record?

Before we dive deep into the topic of clearing criminal records, let’s first answer a simple question. Why do you even need to clear your criminal record?

As it turns out, there are numerous reasons why such a move makes a lot of sense for previous offenders. Let’s go over those reasons below.

More Employment Opportunities

Although applicants with a blemish on their criminal record are not automatically disqualified from seeking job opportunities, employers can still factor that into their calculations. That can sometimes feel unfair given how much you have grown as a person since making that mistake.

It is ultimately the employer’s call, though. That mark on your record may stick in their mind and end up being a reason why they opted to pass on hiring you.

Easier Entry into Low-Income Public Housing

Like employment opportunities, a mark on your criminal record might not disqualify you from being approved for low-income public housing. However, the presence of that mark can still be a determining factor in your case.

Admission to Colleges and Universities

Every year, students from all over the country contend for the few slots available at the most prestigious colleges and universities. Many of those educational institutions have high standards for admission.

Once again, a criminal record might not disqualify you from entering your school of choice. Even so, you are facing an uphill climb because they would compare that blemish to other applicants.

Restoration of Civil Rights

Being convicted of certain crimes in Arizona means that they could suspend some of your civil rights. Among those privileges could include your right to vote, your right to hold public office, and your right to possess a firearm.

You cannot take advantage of those privileges until you clear your criminal record.

Can You Clear Your Criminal Record in the State of Arizona?

Now that we know all the potential benefits that come from clearing a criminal record, we can turn our attention to the process itself. First off, let’s find out if such an action is even legal in the state of Arizona.

Here is the thing: Expunging your criminal record is not allowed in Arizona. If you were hoping that you could wipe away your earlier crime from your record, that cannot happen.

However, Arizona does offer alternatives to expungement. To be more specific, you can file a petition to either ask the court to make an entry on all records or ask the court to set aside a judgment on a prior conviction.

Entry on All Records

Let’s focus first on the process of petitioning the court to make an entry on all records. You are specifically asking the court to clarify your criminal record that you have been cleared of your previous charges.

There is an important caveat when it comes to this method of clearing your criminal record, though.

According to Arizona law, you are only eligible for this type of action if you were wrongfully arrested, indicted, or charged with a crime. The point of going down this route is to have it indicated on all records that they have cleared you of charges previously imposed upon you.

It is not only your criminal record that will be cleared by this method. Any court records, police records, or other documents held by other government agencies that relate to your earlier charges will also be altered to reflect your innocence.

Another advantage of having your record clarified is that officials will place limitations on who can access those old arrest records of yours. Law enforcement agencies will not be allowed to provide those records to anyone even after a request is made. The judge must first authorize them to give out that record before a third party can see it.

It is still not expungement per se, but this method does manage to conceal the blemishes on your criminal record. That should prove helpful when you are sending out work or school applications.

Technically, those old arrests are still on your record, but they do not carry the same stigma anymore. Law enforcement officials must treat that earlier arrest as if it never happened.

When Is Entry on All Records Granted?

As noted above, the court will only make a change to your records if you were wrongfully arrested, charged, or indicted. That is one requirement you must meet if you wish to clear your criminal record via this method.

The other requirement is related to how the judge views the potential merits of your petition. If the judge believes they can better serve justice by granting your petition, it will likely be accepted. Fail to meet that standard, and they can deny your petition.

Set Aside Judgment

In contrast to the petition to make an entry on all records, a petition requesting to set aside judgment is intended for those who have been convicted of a criminal offense.

So, what does it mean to have a judgment set aside?

The point of this action is to reflect the fact that you have paid your debt to society.

Once they grant your petition to set aside judgment, the court will note that you have successfully completed all the requirements of your prior conviction. Your record will now show that you finished your sentence and even paid fines if they were among your penalties.

An important thing to note here is that your record will not be purged even after this action is completed. If someone looks up your criminal record online, they will still see that prior conviction. Of course, the difference now is that your record also shows that you have done everything asked of you.

There are no restrictions placed on who can access your record even after getting the conviction set aside. Any potential employer or school administrator can still look up your record online and find that conviction.

Getting a conviction set aside is still worth it, though.

Some employers and schools may develop a more favorable opinion of you after seeing that your conviction has been set aside. Furthermore, you can also get your suspended civil rights back.

When Is a Set Aside Granted?

Several factors are considered by the court when deciding whether to grant a petitioner’s request to have a conviction set aside.

The court will first consider the status of the petitioner. They will look at the age of the petitioner at the time they were initially convicted. The court will also consider how well the petitioner has complied with the terms of their punishment.

Any prior convictions will also factor into the court’s calculus. Factors such as the nature of the crime and how much time has passed since the petitioner finished their sentence will also matter.

The court may also reach out to the victim who was on the receiving end of the petitioner’s criminal acts. What the victim has to say about the whole matter is of great importance.

There are numerous other factors relevant to the case that the court may weigh before making a final decision.

Who Are Ineligible to Have Their Criminal Records Cleared?

Both misdemeanor and felony convictions can be set aside. That means people who currently have blemishes on their criminal records can eventually have those cleared.

Crucially, though, not everyone is eligible to have their convictions set aside. Let’s discuss which convictions cannot be set aside in the state of Arizona.

Crimes with a Sexual Motivation

The presence of sexual motivation in your crime can be reason enough for the court to dismiss your petition to get the conviction set aside. If the court says that there was sexual motivation behind your actions, that means your pursuit of sexual gratification factored into why you committed a criminal act.

If that sexual motivation points to your offense, the court will not set it aside.

Crimes That Required a Defendant to Register as a Sex Offender

The law cannot set aside any criminal offense that requires the defendant to register as a sex offender. Examples of crimes where guilty parties must register as sex offenders include child molestation, sexual abuse of a minor, sexual exploitation of a minor, etc.

Crimes That Led to Serious Physical Injury

Individuals guilty of inflicting serious physical injury upon another person are not eligible to have their conviction set aside. Those are regarded as dangerous offenses.

Crimes That Involved the Use or Exhibition of a Deadly Weapon

Speaking of dangerous offenses, individuals guilty of using or brandishing a deadly weapon of some kind cannot have their conviction set aside. The state of Arizona considers anything that is “designed for deadly use” a deadly weapon.

Crimes That Involved a Victim under the Age of Fifteen

Arizona law prioritizes the protection of minors. If your conviction is a crime involving someone under the age of fifteen, they cannot set it aside.

Certain Driving Offenses

Lastly, they will not set aside some driving-related offenses according to Arizona law. For instance, if they caught you driving with a suspended license, do not count on the court being able to set your conviction aside.

How Does the Process of Clearing Criminal Records Work?

To start getting your conviction set aside or having an entry made into your records, you will first need to fill out some forms.

The forms you must fill out will depend on whether you are getting a misdemeanor or a felony conviction set aside. Talk to your attorney about that and let them help you acquire the required forms.

Next, you will have to file the filled-out forms with the court. Head over to the Clerk’s Office in your county and get your documents stamped and dated. The clerk will return some of the copies, and you must hold on to them.

If you are aiming to get a felony conviction set aside, you are also required to send your forms to the prosecutor in your area.

From here, your petition may progress in a few ways.

First off, the court may grant your petition right away. You do not need to do anything else at that point. Simply wait for the news that your record has been cleared.

The judge may also ask you to perform other actions before progressing with the petition. That may happen if you failed to complete some steps.

It is also possible that the judge will schedule a hearing in your case. Make sure you attend that hearing and answer any questions that the judge has for you. Notably, the prosecutor may also be asked to participate in that hearing and provide input regarding your petition.

Lastly, there is also a chance that the court will deny your petition.

What Are the Available Options if a Petition Is Denied?

Do not lose heart if your petition has been denied. You can simply modify the forms and file them again.

Take a moment to evaluate your petition before you file that request, though. Figure out how you can make a better case for the judge. Consulting with an attorney before filing that request will be crucial.

Partner with us at the Schill Law Group if you intend to file a petition to get your record cleared or want to file a request for reconsideration. Contact us today and let us discuss your legal options.

Sex Crimes and Their Consequences

by John Schill | Apr 21, 2021 | Criminal Charges

SEXUAL OFFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Sex Crimes and Their Consequences

Any crime can hurt the individuals directly involved. Still, a sex crime tends to take on a different gravity given the terrible impact it can have on the victim.

The people who commit sex crimes can leave behind deeply traumatized victims in their wake. We need to recognize if we see a crime of that nature, we should act against it as soon as possible.

Throughout this article, we will discuss the different acts considered as sex crimes in the state of Arizona. We will also talk about the potential penalties those guilty of committing sex crimes may face.

Adultery

Infidelity is among the leading causes of divorce in the United States. Discovering evidence of infidelity can be a devastating revelation. It can erode the foundation of a family and cause the victim to lose trust in any potential partner moving forward.

Cheating on one’s spouse by having sexual relations with another person is considered a crime in Arizona.

According to state law, any married person who has sexual intercourse with anyone other than their spouse is guilty of adultery. Furthermore, an unmarried individual who has sexual intercourse with a married person can also be guilty of adultery.

An important thing to note about adultery is that the charges will not push forward until the spouse they cheated on files a complaint.

The act of adultery is a class 3 misdemeanor in Arizona. Class 3 misdemeanors come with a jail sentence that is no longer than thirty days and a fine no greater than $500.

Child Molestation

Molesting a child is one of the most heinous acts any person can commit. In Arizona law, they define child molestation as intentionally or knowingly engaging in sexual conduct with a child under fifteen years old.

If the sexual contact only involves the female breast, that is a different crime.

Child molestation is a class 2 felony in Arizona and has severe penalties. The minimum prison sentence is ten years, while the maximum sentence is twenty-four years. Guilty parties will also pay a fine no greater than $150,000.

Anyone guilty of child molestation must also register as a sex offender.

Indecent Exposure

Exposing certain parts of the body carelessly when another person is present can constitute an indecent exposure charge. To be more specific, those who expose their genitals and anus can be found guilty of the mentioned offense.

Officials can charge women who expose the areolas and/or nipples of their breasts with this sex crime. It is important to note that an exception is made to this when a mother is breastfeeding.

Urinating in public can potentially lead to an indecent exposure charge. It is possible that the person urinating unwittingly exposed their body to someone nearby. There is an argument to be made that such an action constitutes indecent exposure.

A factor that can determine the severity of the penalties in indecent exposure cases is the age of the individual exposed.

If the victim of the crime is over fifteen years of age, the defendant will receive a class 1 misdemeanor. Violators may spend up to six months in jail and pay a fine no greater than $2500.

If the victim is under fifteen years of age, the charge will be a class 6 felony. The prison sentence for a class 6 felony ranges from six months to eighteen months. Defendants will also pay a fine no greater than $150,000.

Note that repeated charges of indecent exposure can lead to significantly longer prison sentences. It is possible that an offender may spend up to twelve years in prison for indecent exposure.

Public Sexual Indecency

People sometimes confuse indecent exposure and public sexual indecency with one another. Indecent exposure stems from exposing certain parts of the body. Public sexual indecency focuses more on committing sexual acts in public while another person is present.

The sexual acts in question include sexual conduct, oral sexual conduct, sexual intercourse, and an act of bestiality.

Public sexual indecency is a class 1 misdemeanor if the person exposed to the sexual acts is over fifteen years old. If the victim is younger, the charge will be a class 5 felony. Class 5 felonies carry a potential prison sentence ranging from nine months to two years.

Being charged with public sexual indecency more than once will also lead to a longer prison sentence.

Sexual Abuse

Sexual abuse accounts for a wide variety of crimes. The definition of sexual abuse can also change depending on the age of the victim.

Let us focus first on the definition of sexual abuse that concerns two adults.

According to Arizona law, anyone who intentionally or knowingly engages in sexual contact with another adult without that person’s consent is guilty of sexual abuse. Committing sexual abuse against another adult is a class 5 felony.

Sexual Abuse Involving Minors

Sexual abuse varies quite a bit when a minor is involved.

Earlier, it was noted that engaging in sexual contact with a person under fifteen years of age constitutes child molestation, but not if the contact is limited to the female breast. Sexual abuse is the crime that accounts for sexual contact limited to the female breast of minors under fifteen years of age.

In cases where one party is an adult and the other is fifteen to eighteen years old, they can still receive a sexual abuse charge. That holds true, whether the victim consented to the act if the defendant is a person in a position of trust.

Arizona law defines people in a “position of trust” as the minor’s parents, adoptive parents, stepparents, foster parents, legal guardians, teachers, coaches, priests, or clergymen. An individual committed to a romantic/sexual relationship with the minor’s parent, adoptive parent, stepparent, foster parent, or legal guardian is a person in a “position of trust.”

Sexual abuses involving minors are class 3 felonies. The prison sentence for a class 3 felony ranges from two and a half years to seven years. Violators must also pay a fine and register as sex offenders.

Sexual Assault

The depraved act of sexual assault is a horrendous crime in Arizona. Sexual assault is when one person intentionally engages in sexual intercourse or oral contact with another person who has not consented to the act.

Sexual assault is a class 2 felony, but it carries different penalties compared to the other crimes classified as such.

The minimum penalty for sexual assault is five years and three months in prison. The maximum prison sentence goes up to fourteen years. Repeat offenders can also spend up to twenty-eight years in prison due to their crimes.

The penalties are even harsher for those found guilty of sexually assaulting a child under twelve years of age.

A person who sexually assaulted a minor can receive life in prison. They are also not eligible to be pardoned, released, or have their sentence suspended until they have served thirty-five years in confinement. The state also requires sex offenders to register.

Sexual Exploitation of a Minor

The exploitation of children is another form of abuse. The exploitation can become sexual depending on what actions the children perform.

Officials can charge any person who records or photographs a minor engaging in sexual conduct with sexual exploitation of a minor. Even those who develop or duplicate the exploitative content in question can receive the same charge.

Sexual exploitation of a minor is not limited merely to producing or duplicating the exploitative content. Officials can also charge individuals if they distribute, transport, sell, purchase, or merely possess the graphic images and/or videos.

The crime is a class 2 felony in Arizona but has different penalties compared to other crimes in that group.

Upon being charged with sexual exploitation of a minor, the guilty party could face ten to twenty-four years in prison. Any person who commits this crime must also register as a sex offender.

Sexual Extortion

Morally corrupt individuals will resort to underhanded means to get what they want. They are not above extorting others to satisfy their sexual desires. Anyone who resorts to that action is guilty of sexual extortion.

The first part of sexual extortion involves making a threat of some kind.

Typically, the threat comes in the form of the defendant saying they will tarnish their target’s reputation or damage their property. In some cases, the guilty party will attempt to extort the other party by threatening to release content depicting the other person performing acts of a sexual nature.

The other part is related to what the guilty party wishes to receive from their target. They may ask the party to engage in sexual acts together.

They may also ask for sexually explicit photos and/or videos from the other person.

Sexual extortion is a class 3 felony if the parties involved are adults. If the party is under fifteen years of age, the crime is a class 2 felony. An individual convicted of sexual extortion of a minor could spend five to 15 years in prison.

Unlawful Disclosure of Images Depicting States of Nudity or Specific Sexual Activities

Releasing images featuring a person who is naked and/or performing some kind of sexual act can be a crime in the state of Arizona. The act of releasing those images becomes a crime when they meet certain conditions.

First, the person in the image must be identifiable. They may be identifiable through their likeness or other identifying details present in the picture.

Next, the person in the images must also have a reasonable expectation of privacy. If the image went to another person with the clear intent to be seen privately, it should not be released. The image taken by an electronic device like a smartphone does not change that.

Lastly, releasing the image becomes a crime if the person who did it had the intention of harming, harassing, threatening, or coercing the person in the picture.

As soon as it meets those conditions, the authorities can charge the person accused of disclosing the image with a crime. Releasing the images is typically a class 5 felony, but it becomes a class 4 felony if they use an electronic for the images.

One more thing to note here is that authorities can still charge a person with a crime even if they did not release the images. The mere act of threatening to release those pictures is a class 1 misdemeanor.

Voyeurism

Last up is the sex crime known as voyeurism.

Voyeurism involves knowingly invading another person’s privacy without their knowledge to satisfy their sexual desires.

Invading their privacy in this context means photographing or recording them when they were not expecting to be photographed or recorded. The person being recorded or photographed must also be nude or partially nude, engaged in a sexual act, or urinating or defecating.

If the person in the picture or video also had their buttocks, genitalia, or their breasts exposed to the camera, that is also an act of voyeurism. Distributing the content produced from an act of voyeurism is a crime.

Voyeurism is a class 5 felony in Arizona. However, if the person in the photos and videos is recognizable, the crime elevates to a class 4 felony.

If you or someone you know has been the victim of a sex crime, you must seek justice right away. Reach out to us at the Schill Law Group and allow us to fight for justice in your case.

Fighting Assault with a Deadly Weapon Charges

by John Schill | Apr 19, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Fighting Assault with a Deadly Weapon Charges

All kinds of things can happen in the heat of the moment. When emotions run high, tempers are flaring, and someone may do something they regret and find themselves saddled with a serious charge such as assault with a deadly weapon in the aftermath of it all.

You could be the person who ends up charged with that serious offense. Do not lose heart because you get charged, though. There are ways to prove your innocence and fight those charges.

In this article, we will go deeper into the topic of assault as it is defined by Arizona law. We will also highlight the potential defenses you and your lawyer can use as the case heads to trial.

Stay tuned and see how you can effectively combat the charges against you.

What Is Assault in the State of Arizona?

You probably have a general understanding of what constitutes the crime of assault already. Even so, it is worth taking the time to define it clearly. Doing that could help when it comes time for you to put forth your defense.

According to the state of Arizona, a person commits assault when specific conditions are met.

Assault by Intentionally, Knowingly, and Recklessly Injuring Someone

First off, the accused’s mindset must be accounted for when determining their guilt or innocence. The prosecutor must show that the defendant in the case knowingly harmed another person. The presence of that knowledge is crucial and could be a potential swing factor in the case.

On top of the defendant knowingly harming another person, the prosecution must also prove that there was clear intent behind what happened. The lack of intent could weaken the prosecution’s case significantly.

If the incident in question is an accident, then suddenly, it becomes difficult to describe it as an intentional act committed by the defendant. However, if the defendant was acting recklessly when they injured the other party, they can be charged with assault.

Assault by Threatening Someone

A person can also be found guilty of committing assault if they put another person in a position where they will be physically injured. Basically, if you are threatening someone and they have fair reason to believe you will hurt them, they can charge you with assault.

Assault by Insulting or Provoking Someone

The crime of assault is not limited to only physically hurting or threatening someone. If you touched another person with the intent of either insulting or provoking them, that can be considered a form of assault.

The Penalties for Committing Assault in Arizona

The types of assault described above are considered misdemeanor offenses in Arizona. The nature of the assault committed will determine what penalties will be assessed to the defendant.

If you injured someone, authorities could charge you with a class 1 misdemeanor. That charge carries a maximum six-month jail sentence, probation, community service, and fines.

Threatening another person is considered a class 2 misdemeanor. The penalties for class 1 and class 2 misdemeanors remain mostly similar, with the jail sentence maxing out at four months and lower fines being the most notable differences.

Lastly, assault stemming from insulting or provoking someone is a class 3 misdemeanor. Class 3 misdemeanors have a maximum jail sentence of thirty days, lower fines, as well as probation, and community service.

Defining Assault with a Deadly Weapon in Arizona

There are many forms of aggravated assault in the state of Arizona.

Aggravated assault takes place whenever one person seriously injures another. Injuring someone after entering their home is another example of aggravated assault. Officials may also charge you with aggravated assault if you are over eighteen years of age and the person you harmed is under fifteen years of age.

You also have cases involving the usage of a deadly weapon. The definition is broader than that as actions committed with a “deadly weapon” or a “dangerous instrument” can be considered examples of aggravated assault.

Actions such as intentionally, knowingly, or recklessly injuring someone, threatening someone, or insulting or provoking someone, become aggravated forms of assault once those are involved.

The Penalties for Assault with a Deadly Weapon in Arizona

The penalties you could potentially face if you are guilty of committing assault with a deadly weapon in Arizona can change depending on who was the victim in your case.

In cases where both parties are over eighteen years of age, assault with a deadly weapon is considered a class 3 felony. Class 3 felonies carry substantial fines and prison time for guilty parties.

The minimum sentence for a class 3 felony is two and a half years in prison, while the presumptive sentence sits at three and a half years. If you are handed the maximum sentence, you could be looking at spending the next seven years in prison.

It is also worth noting that your prison sentence could end up even longer if they find aggravating factors in your case. Those aggravating factors can cause the maximum prison sentence to end up at eight years and nine months.

Assault with a deadly weapon can be upgraded to a class 2 felony if the victim in your case is a prosecutor, a peace officer, or someone under fifteen years of age. As you have probably guessed, the penalties are even harsher for class 2 felonies.

You are looking at a minimum of four years in prison if you are guilty of a class 2 felony. The presumptive prison sentence also jumps up to five years, while the maximum sentence is ten years.

Aggravating factors can again increase the maximum prison sentence for a class 2 felony. The maximum prison sentence for that becomes twelve and a half years.

Possible Defenses against Assault with a Deadly Weapon Charges

We now know that an aggravated assault conviction can land you in prison for a long time. Fighting against false or erroneous charges is always a must, but that becomes even more important when you can potentially lose more than a decade of your life.

You must work with only the best lawyers to put together a solid defense against those charges. Detailed below are some of the more common defenses used by those accused of committing assault with a deadly weapon.

You Were Acting under Duress

The concept of being under duress can work as an effective defense against assault charges. Arizona law describes the state of being under duress as one where another party has either threatened or already used physical force against you.

In that situation, you would be justified for thinking that you were in immediate danger. You can justify your instinct to respond with force in that situation can also.

You should also know that the under-duress defense works even if you were not necessarily protecting yourself. It can still be a defense if you were defending another person who was either being threatened or harmed.

Still, there are limits to the under-duress defense.

For instance, this defense will no longer apply if it is determined that you intentionally and knowingly put yourself in a position where you were likely to be put under duress. Your actions should also be proportionate to the type of threat you were facing. If you seriously injured or even killed the other party, this defense will no longer stand.

Your Use of Force Was Justified

There are situations where the use of physical force is no longer considered excessive. Instead, the law may regard your use of force to be justified.

A situation such as that may come up if you are working security at an event. The crowd may become unruly, and you may have reason to believe that things could get out of hand if you do not do something soon. In that situation, you could justify your use of physical force.

Arizona also gives citizens permission to use physical force if they believe that another party is about to commit suicide. You can use physical force to stop that individual in question from going through with their suicide attempt.

You Are a Victim of Domestic Violence

Domestic violence has long been a persistent plague upon society. It destroys relationships, families, and lives.

Anyone who has been the victim of domestic violence has likely experienced an unimaginable amount of trauma. Victims of domestic violence may eventually reach a breaking point. Upon reaching that point, they may use force against their abuser.

In cases where there is a history of domestic violence, the victim assaulting their abuser can be justified.

You Were Protecting Your Property

The use of physical force can also be justified if it is determined that you were acting to protect your property.

For instance, you may have spotted someone trying to break into your car. After seeing the assailant, you decide to act by physically restraining or perhaps hitting them. You can justify your actions in defense of your vehicle.

Store owners can also cite this defense if they spot burglars near their property. The use of the weapon can easily be justified, especially if you spotted multiple assailants.

Using a deadly weapon can also be justified if someone breaks into your home. Pointing a gun at the would-be burglar is not considered assault because they were unlawfully on your property with the intent of committing a crime.

You Were Stopping a Criminal

Police officers are the ones tasked with keeping communities safe. However, they cannot always be everywhere.

There could be a time when you witness a potential criminal act in progress. Do not let your fear of prosecution deter you from acting.

Private citizens can use physical force if necessary if they believe that someone is committing a crime. If you see someone trying to kidnap a child, sexually assault someone, or harm another person in any other way, you can use force to stop them.

You can also use physical force if you suspect that someone is about to set a home or building on fire.

You Were Not Using a Dangerous Instrument

Different items can be deadly weapons. Those items include firearms, bladed weapons, and blunt weapons. It is tough to make the case that you are not guilty of committing aggravated assault if it is proven that you used a weapon on another person.

Now, there is a grayer area if you are accused of wielding a dangerous instrument.

By definition, a dangerous instrument is any item that can cause serious physical injury or death under certain circumstances. That is vague, and it leaves a lot open to interpretation.

Many household items can pose serious injury to another person if used a certain way. It is possible that one of them can be a dangerous instrument.

You should argue then that the item in question was not a dangerous instrument while you were using it. Make the case that you were simply defending yourself and had no intention of inflicting any serious harm using the item.

Other Defenses That Can Be Used in Assault Cases

In addition to the potential defenses detailed above, you and your lawyer can also highlight other factors that could nullify the charges against you.

If you believe that your rights were violated during the investigation, you can point to that as a reason why the case should not proceed. You can also use a lack of solid evidence as a potential defense.

Negotiating with the Other Party

This is not necessarily a defense, but it is one way to avoid a possible aggravated assault charge. While negotiating with the other party, they may present you with a plea agreement.

In exchange for you admitting guilt in the case, they may agree to reduce the charge from a felony to a misdemeanor.

Consider your options carefully before deciding if accepting a plea agreement is the right move in your case. Consulting with an experienced lawyer is a must in that scenario.

Start working on your defense against an assault with a deadly weapon charge by partnering with us at the Schill Law Group. Contact us today, let us know about your case, and allow us to provide the legal assistance you need.

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