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Class 1 Misdemeanor Explained

by | Mar 29, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

Class 1 Misdemeanor Explained

The crimes people commit fall into different categories. Typically, the category covering the crime will determine what penalties the defendant will receive. For instance, committing a class 1 misdemeanor carries serious penalties.

It’s important to know what committing a class 1 misdemeanor entails. Having that knowledge drives home the severity of certain offenses.

Even for those who have committed a crime, knowing about class 1 misdemeanors can be helpful. They can formulate a better legal strategy after hearing about the possible penalties they could face.

Let’s talk more about class 1 misdemeanors in this article. Find out about the different kinds of class 1 misdemeanors along with the penalties that come with committing them. You can also learn more about other topics related to those misdemeanor violations by reading on.

What Are the Different Categories of Crimes?

We’ve already talked a bit about the categories of crimes, so let’s expand on that topic now. The number can vary from one state to the next. In Arizona, though, they are grouped into petty offenses, felonies, and of course, misdemeanors.

Petty Offenses

Depending on where you live, they may also call petty offenses infractions. Regardless of what they call them, petty offenses are minor crimes.

The penalties for petty offenses are typically on the lighter side. You do not always receive jail time. In some cases, the most significant penalty handed down by the court is a fine.

Petty offenses also usually don’t lead to any trials. Cases involving petty offenses may get sorted out during a single visit to the municipal court. There are also instances where they handle them without the defendant making a court appearance.

Felonies

On the opposite end of the spectrum from petty offenses are felonies. They are the most serious crimes that any person can commit. Examples of felonies include homicide, rape, and kidnapping.

The officials assign serious penalties to those who are guilty of committing a felony. People who commit a felony will spend time in prison, and often, their stay will span multiple years and possibly even decades.

Trials are also common in felony cases because of how serious the matter is. Also, they divide felonies into different sub-categories. The sub-categories hint at how severe a particular felony is.

Misdemeanors

Misdemeanors cover the ground between petty offenses and felonies. As you’ll see in a bit, there are all kinds of crimes that quality as misdemeanors. Similar to felonies, they use sub-categories to classify misdemeanors.

Given the variety of misdemeanors, the penalties for them can also be quite varied. Jail time and fines are common penalties, but some additions may be included in a person’s sentence depending on the type of their misdemeanor. In a DUI case, they may receive additional penalties to take away a person’s driving privileges.

Unlike with petty offenses and felonies, the need to head to trial is less certain when it comes to misdemeanors. Defendants will need to prepare for various possibilities if they are facing a misdemeanor charge.

What Is a Class 1 Misdemeanor?

As noted above, they divide misdemeanors into different sub-categories. Those include class 1, class 2, and class 3 misdemeanors.  Do note that they may refer to them as class A, class B, and class C misdemeanors, with A being equivalent to 1 and so on.

Let’s focus first on the class 1 misdemeanors.

The class 1 misdemeanors are the most serious misdemeanors. They include the longest jail sentences, the heaviest fines relative to other misdemeanor charges. They also come with additional penalties.

Examples of Class 1 Misdemeanors

Officials consider numerous crimes as class 1 misdemeanors. We’re not going to enumerate all of the misdemeanors in Arizona, but we will go over some of the most common examples. We’ll also be grouping them into different categories to make them easier to track.

Driving-Related Class 1 Misdemeanors:

  • Aggressive Driving
  • Driving under the Influence of Intoxicating Liquor or Drugs
  • Driving with a Suspended License
  • Falsifying a Driver’s License
  • Highway Racing

Fraud-Related Class 1 Misdemeanors:

  • Deceptive Business Practices
  • False Advertising
  • Fraud Related to Providing Goods or Services
  • Fraudulent Use of a Credit Card
  • Paying with a Bad Check
  • Impersonating a Public Servant

Class 1 Misdemeanors of a Sexual Nature:

  • Indecent Exposure
  • Public Sexual Indecency
  • Running a Sexually-Oriented Business in Violation of Determined Operation Locations and Hours

Class 1 Misdemeanors Involving Public Property:

  • Criminal Littering or Polluting
  • Reckless Burning
  • Disposing Garbage on Public Property Located in Unincorporated Areas of the State

Class 1 Misdemeanors Involving Public Officials:

  • Impersonating a Public Official
  • Interfering with Court Proceedings
  • Interfering with Government Operations
  • Refusing to Aid a Peace Officer

Class 1 Misdemeanors Involving False Reporting:

  • False Reporting of Child Abuse
  • False Reporting of Sexual Assault Involving a Spouse
  • False Reporting to Law Enforcement

Other Notable Class 1 Misdemeanors:

  • Burning Private Property That Costs under $100
  • Certain Kinds of Cruelty to Animals
  • Disorderly Conduct
  • Improper Conduct Involving Explosives and Other Weapons
  • Intentionally Causing Physical Injury to Another Person
  • Intimidating Another Person over the Phone
  • Loitering on School Grounds
  • Prostitution
  • Unlawful Assembly
  • Unlawful Imprisonment

What Are the Standard Penalties for Class 1 Misdemeanors?

Upon being found guilty of any class 1 misdemeanor, you can expect to face some stiff penalties.

The maximum amount of jail time due to a class 1 misdemeanor in Arizona is one hundred and eighty days.

Notably, there is a chance that a person who committed a class 1 misdemeanor can avoid jail time altogether. To do that, they will need the services of a skilled and reliable lawyer.

Next up, people who committed a class 1 felony will also pay a fine. The maximum amount an individual may pay is $2500.

It is worth pointing out that the person in question must also pay a surcharge. Practically speaking, that means the person convicted may need to pay a bit more than the maximum amount of $2500.

Individuals who are guilty of committing a class 1 misdemeanor are also on unsupervised probation. The probationary period for offenders can last for up to three years.

What Are the Additional Penalties for Certain Class 1 Misdemeanors?

Aside from the standard penalties detailed above, specific class 1 misdemeanors also come bundled together with additional penalties. Those additional penalties are related to the nature of the offense that the defendant committed.

For example, in an indecent exposure case, a defendant may be required to register as a sex offender. Businesses that benefit from false advertising may also need to pay back their customers on top of the fines they owe to the court. A business may even close down depending on the number of their violations.

Additional penalties are probably most common in DUI cases.

It’s common for a drunk driver to have their driver’s license suspended. Drunk drivers often undergo alcohol screening and treatment. They may also render community service.

In Arizona, they install a certified ignition interlock device on the vehicle of a driver guilty of driving under the influence. That device prevents a driver from using their vehicle unless their blood alcohol concentration is under a certain level. By the way, tampering with ignition interlock device is also regarded as a class 1 misdemeanor in Arizona.

Will Penalties for Class 1 Misdemeanors Be Impacted by Earlier Convictions?

The penalties for class 1 misdemeanors can be severe. It’s not an exaggeration to say that they can have a negative impact on your life that will take a long time to recover from.

Here’s the thing, though:  Defendants don’t always get sentenced to those harsh penalties even if they were found guilty of a class 1 misdemeanor. There are other factors that can play a role in that.

One of those factors is a person’s criminal history.

If you had no blemish on your criminal record before you were found guilty of a class 1 misdemeanor, there’s a greater chance that the judge will show you leniency. Instead of a jail sentence, the judge may opt for a combination of community service and probation.

Basically, you’re getting a second chance because you haven’t exhibited a pattern of criminal behavior previously. Now, receiving some leniency from the judge doesn’t mean you’re in the clear yet.

Failure to meet the terms of your probation and you could receive the punishment that you would have earlier. This on you to show that it was one mistake and that you’ve learned from it.

How Do Misdemeanor Charges Get Elevated?

To be charged with a class 1 misdemeanor, you usually have to commit a crime that qualifies as such. However, there’s also a possibility they elevate your current charges.

According to Arizona law, if you repeatedly commit the same misdemeanor offense within 24 months, your charge will go to the next highest classification. That means you can receive multiple convictions with a class 1 misdemeanor.

Your jail time could increase by sixty days because of your repeated violations.

Also, note that committing multiple class 1 misdemeanors can lead to a bad outcome. If your charge goes to a felony, you could receive a larger fine and a longer stay in prison.

Officials can also elevate petty offenses to misdemeanors. Repeated offenses can turn into class 3 misdemeanors, but they usually don’t go beyond that.

What Is the Statute of Limitations for Class 1 Misdemeanors?

Whether you’re the one charged with a class 1 misdemeanor or the party pursuing a class 1 misdemeanor charge against someone else, it’s important to know about the statute of limitations. The statute of limitations can be the factor that determines if a case can move forward or not. It’s important to know all about it.

Most of the time, the statute of limitations in class 1 misdemeanor cases is one year from the date when the offense in question occurred. That should provide you with more than enough time to gather what you need to file a case against another party.

In some cases, they extend the statute of limitations. That can happen if the violation in question led to someone being seriously injured or dying. DUI and assault cases are prime examples of this.

For those particular cases, they double the amount of time given to plaintiffs. You will be given up to two years to file your case.

You also have cases that are known as wobblers. Wobblers are cases that they can pursue as either class 1 misdemeanors or class 6 felonies.

What’s interesting about wobblers is that they have greatly extended statutes of limitations. The two-year limit no longer applies to them. A plaintiff will have up to seven years to file their case if they view it as a wobbler.

How Will Class 1 Misdemeanor Proceedings Progress?

Criminal proceedings related to class 1 misdemeanors can take a long time or be completed rather quickly. That will depend on how you want to proceed.

Defendants who decide to enter a plea agreement can get their legal issues sorted out faster. Of course, accepting that plea agreement does mean that you will receive some penalties. The prosecutor may also require you to acknowledge committing the crime.

If you decide against entering a plea agreement, then you will probably be scheduled for an arraignment, pre-trial conferences, hearings, and a trial. You may receive the maximum penalties by not accepting the plea deal, but you may also avoid them altogether by going this route.

Fighting a class 1 misdemeanor charge can be difficult, but you can make it more manageable by partnering with the right lawyer. Contact us at the Schill Law Group today and allow us to help in your defense.

The Difference Between Murder and Manslaughter

by | Jan 15, 2021 | Criminal Charges

CRIMINAL DEFENSE ATTORNEYS

OVER 100 YEARS COMBINED EXPERIENCE

The Difference Between Murder and Manslaughter

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

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

What Is Murder?

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

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

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

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

Defining First Degree Murder

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

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

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

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

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

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

Penalties for First Degree Murder

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

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

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

Defining Second Degree Murder

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

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

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

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

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

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

Penalties for Second Degree Murder

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

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

What Is Manslaughter?

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

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

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

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

Penalties for Manslaughter

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

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

What Is the Difference Between Murder and Manslaughter?

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

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

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

Defining Adequate Provocation

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

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

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

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

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

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

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

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

What Is the Difference between Manslaughter and Negligent Homicide?

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

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

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

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

Penalties for Negligent Homicide

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

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

How a Lawyer Can Help Your Defense

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

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

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

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

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

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

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

My Teen Was Arrested for a DUI – Now What?

by | Feb 27, 2018 | Criminal Charges, DUI, Felony, Underage DUI

Defending the People of Arizona

With more than 100 Years of combined experience

My Teen Was Arrested for a DUI – Now What?

The next few months will be a very busy period for Arizona teenagers. Spring break often means time out of school and partying with friends. April brings Prom dances and an increase in underage drinking. Graduation is also a time for parties and living it up. All of this leads to the increased risk of teenagers drinking or smoking marijuana and getting behind the wheel of a car. So what happens if your teen is arrested for a DUI? Read on to learn more.

Consequences of an Underage DUI in Arizona

We’ve said it before and we’ll say it again: Arizona has some of the toughest DUI laws in the nation. The Arizona police force and court system don’t take it any easier on teens who drink and drive than adults who are charged with the same crime. In fact, teen drivers are subject to even more scrutiny than those who drink and drive at the legal age of 21.

Arizona has what is known as a “zero tolerance” policy for underage drivers. While a driver aged 21 or older may be arrested for a DUI if he or she shows significant impairment or has a BAC (Blood Alcohol Content) of .08 or higher, a teenager may be arrested for a DUI if he or she has a BAC of any higher than 0.0. So, what happens if a teenager is arrested for a DUI? What consequences does he or she face? Here’s a look at six of the most common penalties for drinking and driving underage:

  • Juvenile Detention or Imprisonment – Underage drivers who are still under the age of 18 may be faced with as many as six months in a juvenile detention center. Those who are legally considered to be adults but still under the legal drinking age may also face imprisonment in a county jail. These individuals will also receive a misdemeanor charge on their adult records.
  • Fines – Even underage drivers can be charged with significant fines if convicted of driving under the influence of drugs or alcohol. Parents of minors charged with a DUI may be responsible for the $2500 in fines, as well as any court fees or attorney fees.
  • Driving Suspension or Restrictions – The driver’s licenses of underage drinkers will often be suspended or revoked for a specific length of time after being charged with a DUI. Judges are very strict with this policy because they want underage drinkers to learn about the severe penalties associated with drinking and driving. Even when driving privileges are reinstated, your teen may be required to install an ignition interlock device which will ensure that he or she is unable to operate the vehicle while under the influence of alcohol.
  • Treatment Programs – In some cases, an Arizona judge may see fit to assign the arrested and convicted teen to rehabilitation or treatment programs for drug and/or alcohol abuse. This may mean that a teen is required to attend a certain number of Alcoholics Anonymous or Narcotics Anonymous meetings, or it could mean that your teen will need to live in an in-patient treatment center for a specific number of days or months.
  • Community Service – Many Arizona judges will assign underage drinkers who have been convicted of a DUI to community service hours. These hours must be completed in a certain window of time in order to avoid further fines or repercussions.

What to Do If Your Teen is Arrested for a DUI

Because the penalties for an underage DUI are so hefty in Arizona, it’s important that you act quickly after your child is arrested.

Be sure to reach out to expert legal representation immediately. The Schill Law Group is here to help in your hour of need. Call us to schedule a free case evaluation today.

Can I Legally Grow Marijuana in Arizona?

by | Feb 12, 2018 | Criminal Charges, Drugs, Felony, Medical Marijuana, Possession of an Illegal Substance

AZ MARIJUANA ATTORNEYS

DEDICATED AND EXPERIENCED

Can I Legally Grow Marijuana in Arizona?

The New Arizona Laws Regarding Marijuana

Arizona laws pertaining to marijuana are changing. The results of the most recent election made big changes to the laws concerning growing medical marijuana and marijuana usage in general.

Keeping up with the new laws is essential if you’re planning to use marijuana more moving forward or perhaps considering growing your own plants at home. We’ll be discussing the most notable changes here.

Stay on top of the new marijuana laws to steer clear of trouble while simultaneously exploring the new opportunities available to you.

The Passage of Proposition 207 and Its Impact on Arizona’s Marijuana Laws

Residents of Arizona voted on changes to marijuana laws in the most recent general election. They were given the chance to do that by either voting “yes” or “no” to Proposition 207.

After tabulating the results, Arizona officially certified the passage of Proposition 207. The passage of Proposition 207 brings sweeping changes to the laws that were previously on the books.

Generally speaking, the laws regarding the usage and cultivation of marijuana have eased significantly. Let’s discuss those changes in greater detail below.

Who Can Use Marijuana in the State of Arizona?

The passage of Proposition 207 means that more Arizona residents are now eligible to use marijuana in the state. Previously, only individuals who had an Arizona medical cannabis card could use marijuana.

The new laws now expand that to include all adults over the age of twenty-one. Notably, those under the age of twenty-one still need to be medically qualified before they can purchase or use marijuana.

Adults over the age of twenty-one can purchase no more than one ounce of marijuana at a time. For medical marijuana users, the limit is no more than 2.5 ounces purchased throughout fourteen days.

Are There Restrictions on Adult Marijuana Usage?

While the state of Arizona is now more accommodating to marijuana users, there are still certain restrictions in place designed to protect public safety.

For example, residents are still not allowed to drive after using marijuana. That could be a DUI violation, and you could find yourself in serious trouble if you ignore that rule.

Users are also not allowed to smoke marijuana in public. Stay at home if you wish to partake in marijuana usage.

Marijuana Cultivation for Adults

The laws governing the growing of marijuana have changed quite a bit thanks to the passage of Proposition 207. Adults over the age of twenty-one now have more freedom in that regard.

Per the new laws, adults over the age of twenty-one can grow their own marijuana plants. An adult is limited to growing no more than six marijuana plants inside their home. If two or more eligible adults are living in your home, you can grow twelve marijuana plants but no more than that.

Another important thing to note here is that you must choose an appropriate place to grow the marijuana plants before proceeding with cultivation. You cannot grow the plants anywhere.

Cultivators must grow the marijuana plants inside an enclosed space such as a room or closet that is adequately secured. The growing space for marijuana plants must not be accessible to any minors.

Medical Marijuana Cultivation

Medical marijuana patients and caregivers can grow marijuana plants at home if they live a certain distance away from the dispensary. More specifically, medical marijuana patients and caregivers can grow their plants if they live 25 miles or more away from a dispensary.

Individuals cultivating marijuana for medical use can grow up to twelve plants.

Can You Sell the Marijuana Plants You’re Growing at Home?

The state of Arizona still does not allow individuals  to sell marijuana plants they grow at home. You cannot pick up a plant and sell it to a friend whenever you like. Doing so could lead to you being charged with a crime and receiving penalties.

If you are interested in selling marijuana, you need to register as a marijuana establishment first.

What Is a Marijuana Establishment?

A marijuana establishment is an entity recognized by the state of Arizona as a retail location that can legally sell and cultivate marijuana. To be more specific, the licensee present at that establishment is permitted to sell marijuana and other marijuana products to adults over the age of twenty-one.

Individuals who want to become licensees for marijuana establishments can get to work now on preparing their applications. Early applications for marijuana establishments will be accepted from Jan. 19, 2021, up to March 9 of the same year.

Interested licensees must meet certain criteria.

The prospective licensee must first be looking to get established in a county currently being served by fewer than two non-profit medical marijuana dispensaries.

Non-profit medical marijuana dispensaries can also apply to become a marijuana establishment. To get their application granted, the dispensary must be registered and have no outstanding issues with the Arizona Department of Health Services.

What Happens if a Non-Profit Medical Marijuana Dispensary Is Allowed to Operate as a Marijuana Establishment?

We noted above that non-profit medical marijuana dispensaries can also apply to operate as marijuana establishments. What exactly will applying for that additional designation mean?

Upon being granted a license to operate as a marijuana establishment, a medical marijuana dispensary will be allowed to cater to more people. The establishment can continue to provide marijuana to qualified patients. At the same time, the establishment will also be allowed to sell marijuana to adults over the legal age.

Can Marijuana Usage Affect an Individual’s Employment Status?

Whether or not you will be allowed to use marijuana at your workplace will depend on your employer. Employers are still allowed by law to keep marijuana out of their offices, and you will need to comply as an employee.

It is worth noting that qualified medical marijuana users can be an exception to that rule. Talk to a lawyer if you wish to learn more about potential medical marijuana usage in the workplace.

Proposition 207 is easing the restrictions the state of Arizona used to have on marijuana usage and cultivation. Hopefully, you are now more aware of what you can legally do with regards to marijuana.

If you believe that you are being wrongfully accused of committing a crime involving marijuana, contact us at the Schill Law Group right away. We’ll prove your innocence and get you fair compensation for being subjected to that ordeal needlessly.

If you or a loved one have been charged with illegally growing marijuana plants, The Schill Law Group is here to help you fight your case. Reach out to one of our legal professionals for a free case evaluation today.

Dangerous Drug Charges and What Can You Expect?

by | Dec 11, 2017 | Criminal Charges, Drugs, Felony, Possession of an Illegal Substance

Defending the People of Arizona

With more than 100 Years of combined experience

Dangerous Drug Charges and What Can You Expect?

Drug possession charges are always a big deal, but some drugs are considered to be more serious than others. “Dangerous Drug” possession is considered a Class 4 Felony in Arizona. Because this class of felony charge can result in lengthy jail sentences and hefty fines, it’s important to understand what constitutes a “dangerous drug.” After all, the term “dangerous drug” seems somewhat vague and subjective. Under Arizona law, however, there are no gray areas. Today’s post will outline what a dangerous drug really is and what you can expect if charged with possession.

What are “Dangerous Drugs” in Arizona?

Although it could be argued that all drugs (even legal ones) are dangerous in certain quantities, the state of Arizona has a much narrower definition of what constitutes a “dangerous drug.” Generally speaking, a drug is considered to be dangerous when it is an illegal narcotic other than marijuana. The list is extensive, but some of the most commonly abused drugs that are included on the list of drugs deemed “dangerous” under Arizona law include:

  • Methamphetamines
  • LSD
  • Ecstasy
  • Steroids
  • Mescaline
  • MMDA
  • GHM
  • Clonazepam
  • Psilocybin Mushrooms (“Magic” Mushrooms)

The attorneys at Schill Law Group can provide you with the full list of dangerous drugs for your review. We have worked numerous cases involving the possession of dangerous drugs and have skillfully helped countless defendants navigate their legal options when facing such a charge. Through aggressive courtroom tactics, we have achieved many positive case outcomes, including dismissed cases and reduced charges.

Possession of Dangerous Drugs in Arizona

The most common dangerous drug charge in Arizona is for possession. If you are arrested for a first or second offense of possessing a dangerous drug, you could face 1.1-3.7 years of jail time, fines, and a felony charge on your record. Third-time offenders and any subsequent offenses may receive jail sentences ranging from 1.5-3.7 years. In cases where the drug involved was not meth, first and second-time offenders may be given the opportunity to attend substance abuse treatment and to submit to random drug testing in lieu of jail time. Successful completion of the program could result in your criminal charges being dismissed; however, failure to complete the program will ultimately result in jail time and harsh penalties. Some first and second-time offenders can also have their charges reduced to a misdemeanor. Having the right lawyer on your team will ensure the best possibility for a favorable outcome.

Other Dangerous Drug Charges in Arizona

Beyond simple possession, there are other ways to get in trouble with Arizona law as it pertains to dangerous drugs. If for instance, you are arrested for possessing dangerous drugs with the intent to sell, you may be charged with a Class 2 Felony which carries a 3-15 year sentence, depending on prior convictions and quantities. The manufacture of dangerous drugs or administering a dangerous drug to another person is also a Class 2 Felony and carries serious penalties including prison time and fines.

Fighting a Dangerous Drug Case in Arizona

Because the state of Arizona takes dangerous drug crimes very seriously, it’s imperative that you have a qualified defense attorney working on your side. Penalties can vary based upon your criminal record, the drugs involved, and the quantities present, and an experienced lawyer will be able to assemble that data and determine the best course of action for fighting your case.

 

The team at Schill Law Group understands the complexities of Arizona dangerous drug laws and can help you build your very best defense. Have you or someone you love been accused of a crime involving a dangerous drug? Let us start fighting for your rights today. Call the attorneys at Schill Law Group for a free case evaluation immediately.

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

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

Defending the People of Arizona

With more than 100 Years of combined experience

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

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

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

A Closer Look at Money Laundering

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

Money Laundering in the Third Degree

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

Money Laundering in the Second Degree

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

Money Laundering in the First Degree

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

Building a Defense Against Money Laundering Charges

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

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

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

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