by John Schill | Dec 3, 2024 | Divorce
Going through a divorce is usually stressful for most people. While you still need to deal with the emotions that come with marital breakups, you also need to think about how the legal process will be finalized. During this process, one of the most commonly asked questions is who pays attorney fees in divorce?
What Comprises Attorney Fees in a Divorce?
A divorce case is usually resolved through litigation whether it has been contested or uncontested. Since a marital breakup is complicated and navigating the confusing legal system can be confusing, working with an experience family lawyer helps in making informed decisions. The fees of the attorney comprise all the services rendered during the divorce proceedings:
- Research on applicable statutes and laws
- Gathering evidence for your case
- Analyzing options for division of marital property
- Creating and filing legal documents with the court
- Establishing child support or custody
- Representing you in court hearings
- Preparing and negotiation a settlement agreement
- Following up with meetings and appeals
Deciding Who Pays Attorney Fees in Divorce
Knowing that your legal fees have been covered during a divorce can be a huge relief. However, not everyone can be assured that their spouse will pay the attorney fees of both parties as this varies from one case to another.
Normally, each party in a divorce case is responsible for paying his or her attorney’s fees. However, one spouse may be ordered to pay the other spouse’s legal fees under certain circumstances.
The Divorce law in Arizona gives the family judge the discretion to decide and order any of the spouses to pay all or some of the legal fees and costs of the other spouse.
The judge will consider several factors in making the decision such as the circumstances of the case in making their decision. Other considerations include the financial resources of each party and the reasonableness of the position that each takes during the case.
In some cases, the judge may rule out that both parties pay their own attorneys while in others one of the spouses may be ordered to pay part or all of their spouse’s divorce attorney fees. The judge may also award legal fees if specific misconduct has been established during the divorce proceedings such as fraudulent conveyance or concealing assets.
Based on this determination, the judge will order a party to pay reasonable legal fees and costs of defending or maintaining divorce proceedings.
Also known as a discretionary award, the judge may award these fees and costs if they find a petition was:
- Not filled in good fail
- Not based in law or grounded in fact
- Filed for an improper purpose such as unnecessary delays, harassment, or to increase the cost of litigation to the other party
How an Attorney Can Help in Deciding Who Pays the Fees
A divorce lawyer can make a request for your spouse to pay for your attorney’s fees. The lawyer will also help you sort out several other issues in the divorce case, including child custody, child support, the use of the home, and more.
Requesting that your spouse pay for your divorce attorney’s fees requires that you plead with the court. Usually, you will not be granted this relief until you plead with the court for the petition. The lawyer will guide you in specifying that you are requesting interim attorney fees. These are the fees paid to the attorney by your spouse during the divorce case.
If the court accepts your plead, you will be awarded the fees at the end of the divorce case. This will be a reimbursement of the fees that you will have paid yourself to the divorce attorney during the proceeding.
Is it Common for a Spouse to be Ordered to Pay the Other’s Attorney Fees?
In most divorce proceedings, each party is responsible for paying their own attorney fees and legal expenses. However, it is common for a party to seek an attorney fee award, especially when the other party is deemed to have a greater earning power. You may also see an attorney fee award if the other party owns more assets than you or has shown some form of misconduct during the divorce proceedings.
Get Proper Legal Support in Your Divorce Case
Our divorce lawyers at Schill Law Group will fight on your behalf to ensure your interests and needs are protected in the divorce case. With extensive experience in helping clients from different backgrounds, our team has the skill and knowledge needed to get the best resolution for your divorcee case. If you are wondering who pays attorney fees in divorce or what you need to do to prepare for the case, get in touch with us for guided support.
by John Schill | Jul 27, 2021 | Blog, DUI
The driving under the influence conviction on your record can stick with you for a long time. You may be wondering if obtaining a CDL with a DUI on your record is even possible. It is a fair question to ask as well.
Getting a CDL or commercial driver’s license in Arizona is not that easy, to begin with. You must submit specific documents and meet strict requirements. Make a mistake while going through the process, and it may cancel your application as well.
Some drivers might assume that the presence of a DUI conviction on their record will make obtaining that commercial driver’s license next to impossible. But is that the case?
In this article, we will find out how big of an impact that DUI charge can have on your chances of securing a commercial driver’s license. We will also discuss what it means to have a commercial driver’s license and why you need to be careful with it.
Stay tuned if you want to learn more about this important topic.
Applying for a Commercial Driver’s Permit in Arizona
Before you can get your commercial driver’s license in Arizona, you must first obtain a commercial learner’s permit. Applicants will need to pay a set fee depending on what type of permit they want.
Arizona residents hoping to secure a commercial driver’s permit also need to submit several requirements.
First, you must get the appropriate application form. Fill that out and get it ready.
You must then provide some personal documents. Those documents include your Social Security card and something that can serve as proof of your driving experience.
An Arizona resident can use their driver’s license as proof of their experience if they have had it for at least one year. Also note that your one year of driving experience cannot be limited to a motorcycle, according to DMV.org.
You will also need to show documents that confirm your identity, your U.S. citizenship, and the fact that you are a resident of Arizona. There are different documents that you can submit, so let’s break them down further.
Documents to Prove Your Citizenship
Applicants must provide at least two documents that prove that they are a citizen of the United States. One of those two documents should also include a picture of you.
You will need to provide at least one primary document proving that you are a U.S. citizen. Examples of primary documents you can submit include your birth certificate, a certificate of naturalization, a certificate of citizenship, your passport, or your driver’s license.
If you cannot submit at least one document proving your U.S. citizenship that includes your picture, you may need to provide three identifying documents instead.
Any applicant who has changed their name will need to supply additional documentation as proof of that. You can use documents such as your marriage license or a divorce decree for that purpose.
Documents to Prove Your Identity
The same documents that you brought to prove your citizenship can also prove your identity. You do not need to look for other documents.
Documents to Prove That You are an Arizona Resident
You will need different documents to prove that you are an Arizona resident. To fulfill this requirement, you must submit two documents that contain your name as well as your physical residential address in the state of Arizona.
Both of those documents must also come from a business, an organization, or a government agency.
Medical Requirements
Arizona residents who want a commercial driver’s license will need to be medically cleared. To receive that clearance, you will need a Medical Examiner’s Certificate and a Medical Examination Report Form.
You can get your hands on those requirements after paying a visit to a medical examiner. Note that the medical examiner you go to should be a professional listed on the National Registry of Certified Medical Examiners.
Upon receiving your Medical Examiner’s Certificate, you need to submit a copy of that to the Arizona Motor Vehicle Department. That certificate must remain on file with the MVD as long as you’re working as a commercial driver. You will also need to renew the certificate you have on file every two years or even earlier than that in some cases.
After filing your medical documents, you may receive a notice from the MVD indicating that you need to provide additional information. Respond to that notice as soon as possible because your application may get canceled otherwise.
Applying for a Commercial Driver’s License in Arizona
With all the documents submitted and the requirements fulfilled, you can now move to the next step of the application process. You can now go for the commercial driver’s license.
You must pass a skills test before you receive a commercial driver’s license. Take either the test provided by the MVD or go to a third-party company for it. The only important part is to pass the actual test.
Do not only take the skills test right away, though.
You should prepare for it adequately since you are not getting your money back if you fail. Furthermore, you cannot retake the test immediately if you fail. Applicants will have to wait at least two business days before they can repeat the skills test.
Why Was My Application for a Commercial Driver’s License in Arizona Denied?
Hopefully, the process went as expected, and you now have your commercial driver’s license. However, that may not be the case. While evaluating your application, Arizona’s Motor Vehicle Department may have spotted something wrong with it.
For example, they will not give you a license if you lied about your age or included inaccurate information in your application. They will also cancel it if you failed to pay any of the required fees.
Issues related to your driver’s license may also lead to your application being denied. To be more specific, you will not receive a commercial driver’s license if they currently suspended your driving privileges or revoked them.
Will a Previous DUI Charge Complicate Your Application for a Commercial Driver’s License?
Now is the time for us to answer the question posed at the start of this article. Can you get a CDL with a DUI on your record?
The answer to that depends on your status.
A driving under the influence charge carries some significant penalties. If you are found guilty, you could find yourself in jail, hit with a substantial fine, and you may also need to render community work.
On top of all those penalties, the state of Arizona may also suspend your driving privileges. The suspension period for a first-time DUI offense is usually 90 days. If you commit that same violation a second time within seven years, your driver’s license will be suspended for a year.
So, why are we discussing suspension periods for DUI violations? That is because the suspension period could be the biggest hurdle to you obtaining your commercial driver’s license.
Remember that Arizona’s Motor Vehicle Department will deny your application if your driver’s license is currently suspended or revoked. That means applying using your current driver’s license while you are still suspended is an absolute no-no.
Wait until the suspension period has elapsed before you send in your application. The MVD will no longer cite it as a reason to deny your application if you have completed the suspension period.
Should You Mention Your Previous DUI Offense in Your Application?
Let’s assume that you’ve already finished the suspension period for your first DUI offense. With it behind you, there should be no issue when it comes to acquiring your commercial driver’s license, right?
That depends on how honest you are while filling out your application. Make it a point to note in your application that they convicted you of driving under the influence previously.
Provide as much information as you can about that prior violation. You will need to anyway during the application process.
Once again, that old violation should not come back to haunt you as long as you’ve fulfilled the terms of your punishment. The only way that earlier violation can get in your way is if you neglect disclosing it to the MVD.
DUI Violations for Commercial Drivers in Arizona
If you have been driving in Arizona for a while, then you probably know all about their DUI laws.
Drivers found behind the wheel of their car with a blood alcohol level at or above 0.08 percent will be charged with DUI. Register a blood alcohol level at or above 0.15 percent, and you are looking at an extreme DUI charge.
Because of where they set the thresholds, some drivers may still try to get on the road after having a drink or two. They assume that drinking that amount will not be enough for a violation.
Driving after you have had any alcohol is not a good idea. You can never predict what impact alcohol will have on your body. Even if you can avoid getting arrested because your blood alcohol level is not high enough, driving after one drink is still risky.
Motorists with a commercial driver’s license cannot risk getting on the road even after one drink of alcohol. The threshold for a DUI conviction when it comes to commercial drivers is lower.
Registering a blood alcohol level of 0.04 is enough to get you a DUI conviction if you have a commercial driver’s license.
To give you an idea of how low that threshold is, a person who weighs 100 pounds can register a blood alcohol level of 0.04 after a single standard drink, according to VeryWell Mind. Down two standard drinks and you could exceed the threshold for commercial drivers even if you weigh 200 pounds.
The point is you do not need to down a lot of alcohol to pass the legal limit for commercial driving. It is best to steer clear of alcohol if your livelihood is reliant on your driving.
Notification Requirements for Commercial Drivers Convicted of DUI
We have already touched on the penalties that an individual may face after being caught driving under the influence in the state of Arizona. Commercial drivers should know that they have other things to worry about beyond those penalties.
Arizona law requires all commercial drivers to send out notifications to specific parties if they are convicted of a traffic violation.
You must inform your employer within ten days of being convicted. Drivers also must notify the MVD within thirty days of the conviction.
Commercial drivers who neglect that responsibility will be penalized. They will charge them with a class 3 misdemeanor. You could spend thirty days in jail due to your negligence.
Suspension Periods for Commercial Drivers in Arizona
Commercial drivers can get their license suspended if they commit certain traffic violations. DUI violations can be costly.
The first time you drive under the influence as a commercial driver, the state of Arizona will disqualify you from owning a commercial license for at least one year. Get caught drunk driving with a commercial driver’s license a second time, they will disqualify you for life.
Drunk driving is discouraged because it puts you and the people around you in grave danger. Even if you somehow emerge from the drunk driving incident unscathed, you could still lose your livelihood permanently.
Defenses for DUI Violations
A DUI violation will not stop you from getting a commercial driver’s license as long as you abide by the rules. When you become a commercial driver, though, a single DUI offense could upend your entire career.
You need to defend yourself if you are facing an erroneous DUI charge. Partner with a skilled lawyer and question the evidence against you. Highlight any instances where they used a suspect piece of equipment to administer tests or question the testing method itself.
A good lawyer will also highlight any missteps on the part of law enforcement. If they violated your rights, your lawyer would hammer that point consistently.
Contact us at the Schill Law Group if you need a skilled and experienced lawyer to work on your defense. We will fight continuously to ensure that justice prevails in your case.
by John Schill | Jul 20, 2021 | Blog, Criminal Charges
Figuring out when a specific action constitutes criminal trespassing can sometimes be tricky. It is a bit more nuanced than what it may seem at first. Knowing which lines, you cannot cross regarding trespassing is crucial if you want to stay out of trouble. Understanding the act of trespassing better also allows you to fight against false charges. You do not need to tremble at the mere accusation of trespassing if you know your rights. Throughout this article, we will talk more about criminal trespassing in the state of Arizona. We will define what the offense is and its varying degrees. We will also discuss the potential penalties that may stem from a criminal trespassing charge. Read on to learn more about this important aspect of Arizona law.
What Is Criminal Trespassing?
Most of us have a general idea of what trespassing is all about. When you are on someone else’s property without their permission, that is typically considered trespassing. That is a good place to start when learning more about trespassing, but there is more nuance to the matter. For instance, there are different degrees of trespassing violations that people may be guilty of. Let’s get into those different degrees of criminal trespassing in Arizona in the sections below.
Criminal Trespassing in the Third-Degree
To get started, let’s first take a closer look at criminal trespassing in the third-degree. This is the least severe of the trespassing offenses in the state of Arizona. You must meet one of two conditions to be guilty of the offense. First, trespassing in the third-degree may occur if you knowingly enter or stay on property after you were already told to leave. The request to leave may come from different sources. The owner of the property or someone in charge of it can tell you to leave. You will also need to leave if a law enforcement officer acting on behalf of the property owner tells you to. If there is a sign indicating you should not be on the property, you should leave as soon as you see it. Third-degree trespassing may also occur if you are on the right-of-way for railroad tracks, switching yards, or a railroad company’s rolling stock. Leave immediately if you are in that area. All instances of trespassing in the third degree are considered class 3 misdemeanors.
Penalties for Criminal Trespassing in the Third-Degree
Penalties for a class 3 misdemeanor include jail time. You are looking at a maximum jail sentence of thirty days if you are found guilty of third-degree trespassing. Jail time is not the only thing you need to worry about. Guilty parties may also pay a fine. The maximum fine for committing third-degree trespassing in Arizona is $500. The fine is not the only monetary penalty you may receive. The owner of the property may also sue you if they believe that you damaged their property. As you can see, the penalties that stem from trespassing in the third-degree can be serious. Now, keep in mind that this is still the least severe of the trespassing-related offenses.
Criminal Trespassing in the Second-Degree
Second-degree trespassing narrows its focus further. It hones-in on the matter of trespassing on non-residential properties. Per Arizona law, knowingly entering or staying unlawfully inside any non-residential structure constitutes second-degree trespassing. You may also be deemed guilty of committing this offense if you enter or stay too long inside any fenced commercial yard. To clarify, a fenced commercial yard refers to properties such as farms or the spaces outside warehouses where they keep items. This space may be surrounded by walls, barriers, or other structures. You can be charged with a class 2 misdemeanor if you commit second-degree trespassing.
Penalties for Criminal Trespassing in the Second-Degree
The penalties for class 2 misdemeanors ramp up significantly from their previous levels. Jail time increases significantly for the guilty parties. Instead of spending a maximum of one month in prison, the defendant may spend the next four months locked up. That is a big change in penalties that can set an individual back significantly for the foreseeable future. Fines are baked into the penalties once again. This time around, the maximum fine can be $750. Like before, anyone guilty of second-degree trespassing can also be sued by the owner of the property. If you damaged anything on that non-residential property, you could find yourself on the hook for numerous hefty payments.
Criminal Trespassing in the First-Degree – The Misdemeanors
Finally, we have first-degree trespassing violations. First-degree trespassing violations account for more potential crimes. Notably, some first-degree trespassing violations are considered misdemeanors while others are not. Let’s talk about the misdemeanors first. You can be guilty of first-degree trespassing in Arizona if you knowingly enter and/or refuse to leave a fenced residential yard. This refers to the back and front yards of residential homes. Individuals can also be charged with criminal trespassing in the first-degree while they are in a residential yard that is not fenced. That happens if the individual in question looks into the residential structure. Peeping like that is considered as infringing on the property owner’s right to privacy. This form of trespassing is not always considered a sex crime, but it could become that depending on certain circumstances. Unlawfully entering a property “subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease” is similarly regarded as a first-degree trespassing violation.
Penalties for Criminal Trespassing in the First-Degree for the Misdemeanor Offenses
All the first-degree trespassing violations that we mentioned in the section above are considered class 1 misdemeanors. Class 1 misdemeanors carry the heaviest penalties among all the misdemeanor violations. You can tell that right away by the amount of jail time a guilty party could potentially serve. The maximum jail sentence goes from four months to six. The increase in the maximum potential fine is also significant. The court may order you to pay as much as $2,500 for the crime you committed. Once again, we cannot forget about the possibility that you may be sued by the property owner if you are convicted of criminal trespassing in the first degree. Class 1 misdemeanors carry some substantial penalties. Steer clear of them by heeding Arizona’s trespassing laws.
Criminal Trespassing in the First-Degree – The Felonies
Let’s continue talking about criminal trespassing in the first-degree by focusing on the violations that qualify as felonies. If you enter someone’s home and/or refuse to leave someone’s home, they can charge you with trespassing. Simply put, you should not be in another person’s home unless you have permission to be there. Individuals who enter another person’s property and then proceed to vandalize a religious symbol or another form of religious property without permission can also receive a trespassing charge. Both of those violations are regarded as class 6 felonies. The law can charge anyone who unlawfully enters or stays inside a critical public service facility with criminal trespassing. The term “critical public service facility” accounts for a wide variety of structures. Structures used for public transportation and distributing and storing various public utilities are considered critical public service facilities. Buildings used by law enforcement, fire departments, and emergency service providers also qualify. Unlawfully entering or staying inside a critical public service facility and you could find yourself receiving a class 5 felony.
Penalties for Criminal Trespassing in the First-Degree for the Felony Offenses
Being guilty of committing a class 6 felony means that you could go to prison for a long time. The maximum prison sentence for a person who commits a class 6 felony is eighteen months. The minimum prison sentence is still quite lengthy at six months. Criminals charged with a class 5 felony are looking at even more prison time. The minimum prison sentence for those individuals goes up to nine months. Meanwhile, the maximum sentence for offenders is two years in prison. Fines remain among the penalties that offenders may face. For a felony offense, the upper limit for the fine assessed is up to $150,000. Paying a potential fine of $150,000 is tough enough. Consider how difficult paying off that fine will be if the property owner also sues you.
What Are Potential Defenses against Criminal Trespassing Charges?
You can see how devastating the penalties associated with criminal trespassing are. If you ever find yourself in the unfortunate position of being falsely charged with criminal trespassing, fighting hard against those accusations is a must. Partnering with an experienced lawyer is necessary for that scenario. Your lawyer may also look to use the defenses detailed below as they fight back against the false trespassing charges that have been put forth.
There Was No Intent to Trespass
One of the most common defenses used in trespassing cases is to say that the defendant had no intent to trespass upon another person’s property. The defense attorney may argue that their client had no idea that they were even intruding upon a privately owned property or piece of land. That kind of incident can happen if the property in question is often unsupervised. The property owner may only be relying on a “no trespassing” sign to keep unwelcome visitors away. The problem with only using a “no trespassing” sign is that it may be positioned in the wrong spot. They must place them by the entrances to the property itself. If they are not located there, someone entering the property can easily miss them. A person may be trespassing on private property without even being aware that they are doing so. It sounds like an excuse, but it is something that can happen. Use it as your defense if it applies in your case.
You Received Permission to Be on the Property
Misunderstandings can get out of hand in a hurry. A simple lack of communication can lead to tempers flaring and calling the police. For example, a friend may have invited you to hang out at their house, but they said they would be late, so you should let yourself in. Following their instructions, you decide to enter the home only to meet with the startled expression of one of its residents. In all that confusion, the resident of the home may have called the police to report you as a trespasser or perhaps even an intruder. Of course, that is not the case. You had permission to enter the property, and you even have evidence of it. Disproving the trespassing charges put forth against you is easy when you have that evidence. There may not even be a need to take things to court as long as you can prove that the owner of the property invited you over.
The Person Who Asked You to Leave Is Not the Owner of the Property
To avoid a trespassing charge, you should leave if the owner of the property tells you to. There is no need to overstay your welcome unless you want to get in trouble. But what should you do if someone other than the owner of the property is asking you to leave? That can be a bit tricky. If you do have permission to be on the property from the owner, you have no reason to leave. The person asking you to leave may have no authority to order you to do anything like that. To be safe, double-check with the owner of the property so you can rest assured that you are not trespassing.
Errors Made by Law Enforcement
Another common defense used in many cases is to point out that law enforcement committed errors that led to violating your constitutional rights. Police officers can make mistakes while in the middle of collecting evidence or arresting you. If they committed violations themselves, the charges against you may not stick. Criminal trespassing charges carry serious penalties. Avoid those penalties by fighting back against the false accusations being lobbed at you. Contact us at the Schill Law Group and we will guide you through that legal ordeal.
by John Schill | Jul 15, 2021 | Blog, Criminal Charges
Misdemeanor assault charges are serious accusations. If you are on the receiving end of false assault charges, you need to do everything in your power to fight them. The effects of those charges can be devastating. They can lead to severe penalties that impact your immediate and long-term future. On top of that, those charges can stick with you even after the law duly punishes you. In this article, we will further detail what misdemeanor assault charges are all about. We will discuss how you might end up charged with misdemeanor assault and the different variations of that offense. We will also talk about the penalties that stem from those charges if you are an Arizona resident. Find out more about misdemeanor assault charges in Arizona by continuing with the rest of this article.
What Is Misdemeanor Assault in the State of Arizona?
When you think of an offense such as assault, it is easy to think that it only involves hurting someone. Maybe you punched someone in the face after arguing with them. That does indeed constitute assault, but crucially, that type of offense can occur even without someone getting injured. In the state of Arizona, they classify misdemeanor assault into three categories. We have detailed what those categories are below.
Class 3 Misdemeanor Assault
Class 3 misdemeanor assault is the lightest of all the potential assault charges in Arizona. For a class 3 misdemeanor assault charge to stick, the prosecutor must prove that the defendant knowingly touched another person to injure them. These charges also account for instances where a person touches another to insult or provoke them. An example of class 3 misdemeanor assault would be pushing someone while the two of you were in the middle of an argument. The prosecutor could argue that you pushed the other person to force them to the ground. They could also argue that your push provoked the other party to hit you.
Penalties for Class 3 Misdemeanor Assault
The penalties for class 1 misdemeanor assault can be quite impactful. It starts with a jail sentence. You are looking at potentially spending 30 days in jail if those charges stick in court. Being put on probation is also a possibility for those found guilty of class 1 misdemeanor assault. The probation period may last up to one year. Guilty parties will also need to pay fines and render community service. The judge may also order them to attend anger management classes.
Class 2 Misdemeanor Assault
Different violations may qualify as a form of class 2 misdemeanor assault. You may be guilty whether you injure someone or not. First, you can be guilty of a class 2 misdemeanor assault if you intentionally put the other party in “reasonable apprehension of imminent physical injury”. An example of this would be threatening to punch someone while approaching them. The defendant may be yelling across the room, and as the enraged assailant closes in, the other party assumes they will get hit. Note that the defendant does not need to go through with hitting the plaintiff. Authorities could interpret the threat of it alone as a misdemeanor assault. You can also be deemed guilty of class 2 misdemeanor assault if you recklessly injured someone. Even though the intent was lacking, assault can still occur if you injure someone. While under the influence of alcohol, you may have gotten too rowdy inside the bar. If you accidentally hit and injure someone, authorities can charge you with class 2 misdemeanor assault.
Penalties for Class 2 Misdemeanor Assault
Unsurprisingly, penalties for class 2 assault are more severe than what you would get for a class 3 charge. We can start again with jail time. This time around, your jail sentence quadruples to 120 days. It is not that difficult to imagine how being in jail for that long could damage your life. The maximum probationary period for an individual charged with class 2 assault also increases. It goes all the way up to two years. The penalties from before such as fines, community service, and attending anger management classes also return for class 2 misdemeanor assault charges.
Class 1 Misdemeanor Assault
Finally, we have the assault charges that are classified as class 1 misdemeanors. They are the most serious of all the misdemeanor charges in Arizona. To be found guilty of class 1 misdemeanor assault, the prosecutor must prove that you either knowingly or intentionally injured someone. Punching someone during an argument can be classified as a class 1 misdemeanor offense. You knew what you were doing, and you also knew how it could impact the other party, and you went through with it anyway. The prosecution can establish your intent in that scenario. Knowingly injuring someone is a bit different than intentionally doing so. If you knowingly injure someone, it is possible that there was no intent on your part to cause harm. Even so, you should have known that your actions could have injured someone around you. Throwing bottles or chairs around inside a bar is dangerous, and any reasonable adult would know that. If you were not drunk and yet engaged in those dangerous activities, you could receive a class 1 assault if you hit someone with one of the objects you threw.
Penalties for Class 1 Misdemeanor Assault
The penalties for a class 1 misdemeanor assault charge are harsh. Jail time for this type of offense can last up to six months. Your probationary period can also extend to three years. Yet again, they could impose other penalties like fines, community service, and attending anger management classes on those who commit a class 1 misdemeanor assault.
What Are Common Defenses against Misdemeanor Assault Charges in Arizona?
The penalties for misdemeanor assault charges in Arizona can change your life. You may not think that spending one month in jail is a big deal, but so much can happen during that time. The fines can be onerous as well. Guilty parties also need to deal with all the fallout from their conviction. False assault charges can be ruinous. You need to fight against them properly. Partnering with a skilled and experienced lawyer will help you mount the defense you need in these cases. Listed below are some commonly used defenses against misdemeanor assault charges.
Lack of Intent or Awareness
Class 1 misdemeanor assault charges are the toughest to prove in court because there is a high bar to clear. Proving that someone either intentionally or knowingly injured someone is not easy because we cannot get into each other’s heads. If the state charges you with this kind of crime, expect your lawyer to focus on the intent or awareness aspect of what happened. They can argue that you did not intentionally injure the other person. They may claim that an accident is what caused the injury. Proving that you were not aware that you could injure someone when you did is trickier. Your lawyer could argue that you were not in the right state of mind when you committed that violent act.
Acting in Defense
Attacking someone is regarded as a violent and unnecessary act. However, there are instances where you can justify your decision. Your lawyer could argue that you were acting in self-defense when you technically assaulted someone. They could point out the fact that the other party provoked you. It is also possible that the other party committed a class 2 misdemeanor when they threatened you with a raised fist and their other hand on your shirt collar. At that point, you could have reasonably assumed that you were about to be attacked so you fought back. Self-defense is a valid defense not only if you are the one being harmed or threatened. You can also justify your actions by saying that you were defending another person. If you can prove that you hit someone because you came to another person’s defense, you are more likely to receive a favorable outcome in court.
A Necessary Action
There are rare instances where a form of assault may have been necessary because of an emergency. For example, the building you are in may be on fire. You are looking for the exit, but someone is blocking it for whatever reason. At that point, you can push them out of the way and justify your decision. The court may decide that your actions were necessary because the other party was unreasonable during that situation.
Your Constitutional Rights Were Violated
Lawyers can also examine the events involving law enforcement that transpired in your case in search of potential violations. To be more specific, they may be looking for instances where law enforcement officials violated your constitutional rights. Police officers who arrest you without a warrant and/or fail to read you your Miranda rights may be guilty of committing those violations. They may have also failed to allow you to talk with your lawyer within a reasonable amount of time after arresting you. The law does not look fondly upon those constitutional violations. You may be cleared of your charges simply because the police officers did not play by the rules.
What Is Aggravated Assault?
We now know all about misdemeanor assault offenses in Arizona. Do note, however, that misdemeanor assault is not the only criminal offense of that nature that is detailed in Arizona law. You also have crimes that are classified as forms of aggravated assault. Aggravated assault cases are like the offenses we mentioned earlier in that they both may involve people getting injured. You should also know that aggravated assault is a felony, meaning it carries some substantial penalties. Additional circumstances can turn ordinary assault cases into aggravated assault cases, though. Let’s examine what those circumstances are below.
The Severity of the Injury Caused
How severe the injury turns out to be can affect whether they charge you with assault or aggravated assault. If you disfigure the affected party, fracture a bone, or lose organ function due to their injury, the law can charge the assailant with aggravated assault. That may be the case even if those lingering effects prove to be temporary. You can also be charged with aggravated assault if you caused a “serious physical injury”.
The Status of the Victim
The status of the victim involved in the case can also impact what kind of charge they ultimately hand down. Crimes against minors are always taken seriously by the law. They can charge an assailant assaulting someone under the age of fifteen with aggravated assault. Aggravated assault also accounts for those cases where the assailant harmed someone who already had an order of protection out against them. Assaulting someone who is restrained or otherwise unable to offer any resistance is also considered aggravated assault. A person can also be charged with aggravated assault if they injured a law enforcement official, a healthcare worker, or a teacher who was on school grounds.
Other Circumstances That Can Lead to Aggravated Assault Charges
Aggravated assault occurs if someone uses a deadly weapon, a simulated deadly weapon, or some other dangerous instrument. Going into someone else’s home with the intent of harming them is aggravated assault. Lastly, committing assault when you are already in custody will lead to greater penalties. You could wind up ruining your life if you fail to behave while you are already incarcerated. Assault charges carry some significant penalties in Arizona, and rightfully so. Those harsh penalties are not limited to aggravated assault charges because even misdemeanor offenses must be duly punished. Fight back against any false assault charges put forth against you. Reach out to us at the Schill Law Group and we will ensure that the truth comes out in your case.
Frequently Asked Questions
1. What Is Misdemeanor Assault in Arizona?
In Arizona, misdemeanor assault is charged under ARS §13-1203 and typically involves causing physical injury, threatening harm, or making offensive physical contact without severe injury. It’s usually classified as a Class 1, 2, or 3 misdemeanor, depending on how serious the offense is. Even though it’s not a felony, misdemeanor assault can still lead to jail time, fines, and a criminal record.
2. What Are the Different Assault Charges in Arizona?
There are two main types of assault charges in Arizona:
- Misdemeanor Assault – Involves minor or no injuries; often Class 1–3 misdemeanors.
- Aggravated Assault – Involves serious injury, use of a weapon, or assault on a protected person (like a police officer). This is a felony offense.
Understanding which type you’re facing is crucial — felony aggravated assault can mean years in prison, while misdemeanor assault may involve shorter jail sentences or probation.
3. What Are the Penalties for Misdemeanor Assault in Arizona?
The penalties depend on the class of misdemeanor:
- Class 3 Misdemeanor: Up to 30 days in jail and $500 in fines.
- Class 2 Misdemeanor: Up to 4 months in jail and $750 in fines.
- Class 1 Misdemeanor: Up to 6 months in jail, $2,500 fine, and probation.
Even though misdemeanor assault charges may seem minor, they can still affect your record, employment, and firearm rights — making legal representation important.
4. What Is Aggravated Assault in Arizona?
Aggravated assault in Arizona is a felony offense defined under ARS §13-1204. It involves:
- Causing serious physical injury,
- Using a deadly weapon,
- Assaulting a police officer, teacher, or healthcare worker,
- Committing assault while the victim is restrained or unable to resist.
Aggravated assault charges are taken very seriously and can result in prison time rather than jail.
5. How Much Jail Time for Aggravated Assault in Arizona?
The jail or prison time for aggravated assault in Arizona depends on the class of felony and the circumstances. Typically:
- Class 6 Felony: Up to 2 years in prison.
- Class 5 Felony: Up to 2.5 years.
- Class 4 Felony: Up to 3.75 years.
- Class 3 Felony: Up to 8.75 years.
- Class 2 Felony: Up to 12.5 years or more, depending on prior convictions.
Because aggravated assault Arizona jail time is severe, having a strong criminal defense attorney is crucial to reduce or fight the charges.
6. What’s the Difference Between Misdemeanor Assault and Aggravated Assault in Arizona?
The difference lies mainly in injury severity and intent.
- Misdemeanor assault involves minor injuries or threats.
- Aggravated assault involves serious harm, use of a weapon, or specific victims (like police).
While a misdemeanor assault might result in probation, aggravated assault can lead to years in state prison.
7. Can Misdemeanor Assault Be Dismissed or Reduced in Arizona?
Yes. Depending on the facts, a misdemeanor assault charge can be reduced or dismissed. Common defenses include:
- Acting in self-defense,
- False accusations,
- Lack of intent, or
- Insufficient evidence.
A skilled defense lawyer can negotiate for diversion programs, deferred prosecution, or even full dismissal.
8. Is a Misdemeanor Assault Charge Serious?
Yes — even though it’s not a felony, a misdemeanor assault charge can have serious consequences. It can appear on background checks, affect gun rights, and lead to jail time. Employers and licensing boards often take these convictions seriously, so it’s best to address them with a qualified Arizona criminal defense attorney.
9. What Should I Do If I’m Charged with Assault in Arizona?
If you’re facing assault charges in Arizona, don’t face them alone. Avoid speaking to police without legal counsel, and contact a criminal defense attorney immediately. A lawyer can review your case, explain your rights, and help protect your freedom and record.
by John Schill | Jun 24, 2021 | DUI
DUI ATTORNEYS
OVER 100 YEARS COMBINED EXPERIENCE
How Long Does a DUI Stay on Your Record in Arizona?
Getting into the driver’s seat of your vehicle after drinking is one of the biggest mistakes you could ever make, and it is one that can stay with you for a long time. So, how long does a DUI stay on your record? That is one of the questions we will be answering in this article.
Not all mistakes that people make are equal. Some can have consequences that are significantly more harmful than others. Driving under the influence is one of those costly mistakes.
Find out how long that will stick with you as an Arizona resident by continuing with this article. You can also pick up tips on how to handle the DUI conviction on your record by reading on.
How Long Will a DUI Conviction Stay on Your Record in Arizona?
Your criminal record can have a huge impact on your quality of life. Individuals with blemishes on their criminal record may find it difficult to land a job, gain admission to a school, or receive approval for low-income housing.
It is also important to point out here that prior convictions can come back to haunt you. The presence of an earlier DUI charge can lead to you receiving harsher punishment.
How long the DUI conviction will affect you is one of the things you must find out. There are two ways to answer that question.
You can approach it by finding out how long an earlier conviction can affect any additional charges put forth against you. The other way involves figuring out how to clear any prior convictions.
Let’s talk about those matters in greater detail below.
How Long Can a Prior DUI Conviction Affect New Charges Made Against You?
First, let’s discuss how long a previous DUI charge can affect your current legal predicament as an Arizona resident.
Arizona law imposes harsher penalties if an individual is guilty of driving under the influence multiple times within a certain period. To be more specific, you can wind up facing stiffer penalties if you commit multiple DUI violations within 84 months.
The escalation of penalties will also depend specifically on what violation you committed.
Penalties for a Second DUI Violation within 84 Months
Let’s first look at what penalties you may face if you drive under the influence two times within 84 months.
You are staring at a potentially long jail sentence if you have two multiple DUI violations within 7 years. The minimum jail sentence for repeat offenders is 90 days. Guilty parties must also serve at least 30 days of that sentence consecutively.
Offenders will also receive a larger fine if they commit two DUI violations in a span of 7 years. The minimum fine for your first offense is $1,250. Upon being charged a second time, that fine will more than double to $3,000.
An individual guilty of driving under the influence will also have their license suspended for a certain period. If it was your first offense, they will suspend your license for 90 days. For the second offense, the suspension period will last for 12 months.
Community service is another component of the punishment that DUI offenders must face. There is no minimum amount of community service you must render if you are a first-time offender. However, repeat offenders will have to clock at least 30 hours of community service.
Penalties for a Second Extreme DUI Violation within 84 Months
A second extreme DUI violation within 84 months also nets you larger penalties. For those who may be unaware, an extreme DUI violation occurs when an individual is driving a vehicle with a blood-alcohol level of at least 0.15 percent.
Starting with jail time again, offenders will spend a long time behind bars. Jail time goes up 120 days from the previous minimum of 30 days.
Offenders will also pay a more expensive fine. After getting fined $2,500 for their first extreme DUI conviction, that mandatory payment will go up to $3,250 for a second violation within 7 years.
They will also suspend your driving privileges for 12 months after a second extreme DUI violation. Violators are also required to render 30 hours of community if their second extreme DUI charge sticks.
Penalties for an Aggravated DUI Violation
What happens if you commit three or more DUI violations within 84 months? If that happens, you will face an aggravated DUI charge.
You will be sentenced to a stint in prison instead of jail if you are guilty of aggravated DUI. The prison sentence will last at least 4 months.
It is also worth noting that an aggravated DUI charge is considered a felony in Arizona. Having a felony conviction on your record can be difficult. Avoid ever putting yourself in a situation where you could potentially commit this kind of crime.
How Do You Clear a Previous DUI Conviction?
We now know more about how prior DUI convictions can affect new penalties you may potentially face. As it turns out, those earlier convictions can put you in a tough spot.
With that in mind, you may be wondering if there is something you can do about those prior convictions. Would it be possible to get those DUI convictions removed from your record?
In some states, expunging your criminal record is possible. You are essentially given an opportunity to start over without your earlier transgressions weighing you down. Or at least, people who are not privy to those earlier convictions will not find anything about them.
Notably, Arizona does not provide that legal tool. Instead, what the state offers is something known as “setting aside a conviction.”
What Does “Setting Aside a Conviction” Mean?
Setting aside a conviction is what Arizona has as a functional equivalent to expungement. The two legal mechanisms are not completely the same, though.
Expungement means that they will remove any prior arrests or convictions from your record.
Other states offer something like expungement, and it comes in the form of sealing records. Basically, they will seal your criminal record, and individuals will not view it whenever they want to. Sealed criminal records can usually only be opened after a court order is issued.
Setting aside a conviction works differently from those two.
First, they do not clear your record if they set a conviction aside. If someone looks at your criminal record, they will still see that you drove under the influence in the past.
Furthermore, setting aside a conviction will also do nothing to limit who can see your criminal record. An employer can look up that record and see your earlier conviction.
At this point, you may be asking what the point of setting aside a conviction even is. If everyone can still see your convictions, is it worth pursuing?
Setting aside the conviction can still benefit you because it is an order indicating that “the person be released from all penalties and disabilities resulting from the conviction.” It will let anyone viewing your record know that you have been held responsible for that conviction already and that you finished what the state required of you.
Is Getting a Conviction Set Aside Worth It?
Whether or not getting a conviction set aside will be worth the effort is up to you to decide.
Still, it may be easier to talk about a prior conviction with a potential employer if they set the conviction on your record aside. You can talk about what happened if you like and explain that you have done everything by the law to earn back your freedom.
Getting a conviction set aside can make it easier for you to show an employer that you have grown as a person. It shows that you have moved past that point in your life when you were irresponsible and reckless.
Can All Convictions Be Set Aside?
Not all convictions can be set aside in Arizona. The following convictions cannot be set aside:
- Crimes with a Sexual Motivation
- Crimes That Required a Defendant to Register as a Sex Offender
- Crimes That Led to Serious Physical Injury
- Crimes That Involved the Use or Exhibition of a Deadly Weapon
- Crimes That Involved a Victim under fifteen
Those are the main categories of convictions that cannot be set aside. Any conviction that falls under one of those categories will remain untouched on your record permanently.
There are some driving-related offenses as well that cannot be set aside. Crucially, though, a DUI conviction is not one of them. You can get your prior DUI conviction set aside after following the appropriate procedure.
What Is the Process of Setting Aside a Conviction in Arizona?
The process of getting a conviction set aside in Arizona is straightforward. Follow the steps below if you want to go through the process as well.
Step 1: Acquire and Fill Out the Appropriate Forms
To get the process started, you must first obtain some forms.
You will need an application to Set Aside Conviction. Apart from that, you may also need a Certificate of Absolute Discharge from Imprisonment and/or a document detailing your Discharge from Probation. Secure whichever documents apply in your case.
Other documents may also be required depending on the circumstances of your case.
Also note here that the required documents will change depending on what conviction you want to have set aside. You will need different documents to set aside a misdemeanor and different documents to set aside a felony.
Step 2: File the Forms
The next step is to file the filled-out forms. Visit the Clerk’s Office in your county and have the Clerk process your documents. The Clerk will stamp and date the documents you submitted.
They will return some copies of documents after they process them.
Petitioners also have the option of sending the forms via mail, depositing them in a depository box, or filing them online. Talk to a lawyer about how the process of filing will go depending on your chosen method.
For those hoping to get a felony conviction set aside, they must also send the forms to the prosecutor covering their area.
Step 3.1: Receive Notice That the Conviction Has Been Set Aside
The process can now take on one of four branching paths after you filed the appropriate forms. The first is the simplest.
Upon receiving your request to get a conviction set aside, the court may decide to approve it right away. In that case, they will send a copy of the order to you.
Step 3.2: Attend a Hearing
The court may also decide to set a hearing regarding your petition. Attend the hearing together with your lawyer and prepare to answer some questions.
During that hearing, the court may seek arguments from both your side and the prosecutor regarding the matter of setting aside the conviction. If the prosecutor does not agree with your petition, they will argue against you. You and your lawyer must also form an argument indicating why your conviction must be set aside.
The court will make a final decision regarding your petition after the hearing.
Step 3.3: Follow the Court’s Supplemental Orders
Instead of deciding on your petition, the court may instruct you to complete certain actions first. That means you probably failed to complete certain steps that are necessary to get a conviction set aside. Finish those tasks first if you want to find out the court’s ruling.
Step 3.4: Receive Notice That the Conviction Has Not Been Set Aside
The court may also deny your petition to get a conviction set aside. They may decide to do so depending on different factors.
Tough as it is to find out that they denied your petition, all is not lost. You can still file another petition in the future and perhaps make a different argument then.
It is also possible that the court denied your petition because not enough time has passed since you completed your sentence. The court may approve your petition after more time has elapsed.
Figure out how to properly deal with the aftermath of a DUI charge by working with us at the Schill Law Firm. Contact us today to learn how we can help with your case.
