Is Littering a Criminal Offense in Arizona?

Littering is causing a lot of environmental pollution. It’s almost impossible to find someone who has never littered at some point in their life and, although it doesn’t seem like a significant crime, littering is a serious offense. Whether deliberately or accidentally, you may have committed the crime of littering.

In most states, littering is a criminal offense punishable by law and Arizona is no exception. The consequences of this offense largely depend on the circumstances of the crime. Most people are still unaware of the severity of the outcomes, while others don’t even know it’s a crime.

Littering Charges

Littering Charges in Arizona

Charges for littering are mainly dependent on the circumstances. Littering is widely classified, and that means there are numerous instances where you may receive criminal littering charges. The criminal statute of Arizona covering polluting or criminal littering is under the code A.R.S. 13-1603. Here are some cases when littering can land you in a criminal court under the law of Arizona:

1. When a person throws, drops, places, or allows dropping on public or private property any waste, injurious and destructive litter, which a person does not remove instantly.

2. When a person releases or allows to be released any oil products, sewage, and harmful substances in water bodies or on beaches inside the state.

3. When a person throws any earth, stones, ores, or minerals on any land.

All these instances are where a person commits criminal littering or polluting without any lawful authority. The consequences of criminal littering consider the weight, the item, and the place on which it happened in Arizona. Criminal littering is punishable as:

1. A Class 1 misdemeanor if the person places injurious or destructive material on or at least 50 feet from a highway, shore, or coastline of any waters that the public uses. It is punishable by six months in jail, a fine of $2500, and extra charges.

2. A Class 1 misdemeanor if a person is knowingly in violation and the amount of litter or substances is less than 300 pounds but more than 100 pounds or fewer than 100 cubic feet but more than 35 cubic feet noncommercial purposes.

3. A Class 2 misdemeanor if the act of littering does not apply to any of the other instances. It is punishable by up to 4 months in jail, a $750 fine, and extra charges.

4. A Class 6 felony if a person knowingly violates the law and litter an amount exceeding 300 pounds or 100 cubic feet in volume or it is done for a commercial purpose.

The most frequent form of littering is throwing food products or cigarette butts on the ground. If you throw one from your vehicle on a highway or maybe a beach, it’s a Class 1 misdemeanor. Most of the time, you can be pulled over and handed a ticket if you are caught doing so.

But, many other situations call for felony classifications. The most severe case of littering is a class 1 felony. It applies mostly to companies and not the public.

If you’re a first-time offender, you’ll probably receive a fine and possible other minor punishments. A second-time offender or more repeat charges will face more severe consequences. These include higher fines, stiffer penalties, and having more criminal charges on your record.

It’s advisable to contact a lawyer and discuss your case. They can help you reach an ideal outcome and even help with limiting your charges.

Do you need help from a criminal attorney?

You should take charges of criminal littering seriously. The consequences of this crime are severe in order to curb the act of pollution and illegal dumping. You should, therefore, seek legal services as soon as possible. You may need a criminal lawyer to handle your case.

Gary L. Rohlwing Law Offices has more than 30 years of experience in criminal defense. The firm offers legal services that can help minimize the impact of your littering charges. You will get a chance to have the best representation at competitive prices. Furthermore, you will need an aggressive criminal attorney like Gary L. Rohlwing, who will help provide a clear understanding of your charges.

The following article Is Littering a Criminal Offense in Arizona? Read more on: https://criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/is-littering-a-criminal-offense-in-arizona/

Understanding the Types of Criminal Damage Offenses

There are various criminal charges one can face in the state of Arizona. The penalties for the charges often vary depending on the criminal offence. For instance, if a person is charged with criminal damage, this can mean that they are charged with damaging or defacing property that is not theirs, or it can mean that they “tampered” with a property that belongs to another person. It’s a broad charge.

criminal in court
It’s always important to understand what you are being charged with. Sometimes people are arrested and they don’t understand the charges they are facing. Understanding the various criminal charges that exist not only helps you avoid committing them but makes you more aware of your rights and what you are dealing with in case you are charged with the crime.

For instance, you might be surprised to know that you can be accused of criminal damage to property co-owned with your spouse.

But, with proper knowledge and an experienced criminal defense lawyer, it will be easier to fight against the allegations levelled against you.

Below are the 6 types of criminal damage:

1. Reckless damage to another person’s property

– This is a situation where a person intentionally or unintentionally damages the property of another person. If the person whose property has been damaged files a lawsuit, then the defendant is likely to be ordered by the court to pay for the damages caused.

2. Damaging property owned by a utility

– Although it doesn’t happen commonly, anyone found guilty of damaging property belonging to a utility can face criminal charges.

3. Tampering with property with the intention of impairing its value

– Tampering with property here doesn’t necessarily refer to physical or permanent damaging of property. It may also involve tampering of property in a manner that they can still be fixed or reversed – provided the value of the property has been affected in some way.

4. Reckless drawing or writing graffiti on another person’s building without their express permission.

– The owner of the building can hire a criminal attorney and launch a lawsuit to charge the person who commits such an offence. The judge will review the case based on facts presented and decide the amount of monetary compensation to award the plaintiff if they win.

5. Parking a vehicle or vehicles in a manner that deprives water to livestock

– This charge rarely occurs but can attract serious criminal charges to anyone found culpable.

6. Intentional tampering of property belonging to a utility

– This is another type of criminal damage that can attract serious penalties. As long as the criminal damage charge is proved, the person found guilty may be ordered by the court to either restore the damaged property or pay a certain amount of money.

These are the types of criminal damage which you can be charged within Arizona. Most people aren’t aware that these charges even exist when they are arrested. Though most people are vaguely aware that you shouldn’t mess with a property that isn’t theirs, they have no idea the potential backlash they might face if they do so.

If you are arrested, the best thing to do is to contact an Arizona lawyer from the Law Offices of Gary L Rohlwing who can help you fight the charges.

The post Understanding the Types of Criminal Damage Offenses is courtesy of http://www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/damage/understanding-the-types-of-offenses/

How Much Can an Arizona DUI Raise Your Insurance Rates?

Driving while under the influence of alcohol is a serious offence in Arizona.

You can definitely expect your car insurance rates to increase but the amount of the rate increase will depend on a few different factors. The average Arizona driver can expect a 131% increase in overall insurance costs.

This is far higher than the national average increase of 72% after a DUI. A DUI can actually raise car insurance rates more than any other driving violation.

You may need to shop around to find the best possible rate because your current insurer may impose a stricter penalty than some other companies.

Arizona has some of the strictest penalties for DUI offenders. The offense may stay on your record for up to five years after you are charged.

Most insurers won’t negotiate their policies because their actuaries help them define the specific rates.

If you’ve been convicted of a DUI, then the company assumes insuring you is riskier than insuring other drivers.

Arizona had 4,854 alcohol-related car accidents in 2017.

That number amounts to approximately one alcohol-related car crash for every 1,500 residents. Arizona residents are required by law to carry a minimum of liability insurance. These costs will drastically increase if you are found guilty of driving under the influence, and you may face additional civil lawsuits if you injure a person or damage property.

The average car insurance cost for an Arizona resident is around $1,300.

A DUI conviction could raise these costs to $3,000 or more per year. The premium is typically the amount that increases, so the amount you’re paying the insurance company each month will be significantly higher.

However, you may be able to do some things to reduce the increased rate a bit. If you previously had full coverage, then you may want to switch to minimum coverage for a while.

The impact of the DUI on your insurance rate will lessen over time and after five years it should no longer affect your rate at all.

If you are found guilty of driving while under the influence, then the state may require your insurer to fill out an SR-22 document. This document proves to the state of Arizona that your insurance meets the law’s minimum requirements. This will inevitably result in your insurer finding out about your DUI conviction.

If you’re being charged with a DUI, then you should definitely consult with a reputable DUI attorney.

Sometimes attorneys can find a procedural error that nullifies the arrest. This could ultimately get the charges dropped. If your current insurer finds out about the DUI, then your existing policy will be rewritten to include it in the premium cost.

A DUI may be charged as a misdemeanor or a felony in Arizona. The specific charge depends on the severity of the circumstances. If the plea deal you are offered isn’t acceptable, then you or your attorney may decide to go to trial.

A plea bargain will usually require an admission of guilt. This means that your insurance rates will definitely increase. This may still be preferable because you’ll able to avoid heftier fines, jail time, and/or a suspended license.

If a DUI lawyer wins your case, then you won’t have to worry about your insurance rates increasing. Winning a DUI case can be very difficult, and the penalties may be harsher if you end up going to court and losing.

The Law Offices of Gary L. Rohlwing has handled many DUI cases. Gary has personally handled over 3,500 cases. An attorney may potentially be able to prevent the state of Arizona from convicting you and increasing your insurance premiums.

How Much Can an Arizona DUI Raise Your Insurance Rates? Read more on: Law Offices of Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/how-much-can-an-arizona-dui-raise-your-insurance-rates/

Cities in Arizona Ranked by Violent Crime Rate

Violent crimes happen everywhere in the world. However, as with everything else, there are some places where they happen more often than usual. There are some cities in Arizona that, based on the numbers, are more prone to violent crimes.

criminal in court

Here are some cities in Arizona ranked by their violent crime rate

Kingman

While the crime rate in this small city has actually gone down from previous years, it’s still high in terms of percentage. In fact, according to statistics, a Kingman resident has a 23.5% chance of being a victim of violent crime.

Glendale

One of the biggest cities in the state, Glendale has more than its fair share of crimes. It is approximated that 1 out of every 200 citizens from Glendale may experience a form of violent crime. While this rate is lower than in previous years, it’s still a significant statistic.

Phoenix

The state capital comes in next in this list, which is quite an achievement, given that it has a population of around 2 million. It is estimated that 1 out of every 136 people can fall prey to a violent crime while in this city.

Show Low

One in every 85 persons in this city may become a victim of violent crime. An additional worry here is the fact that, compared to the previous year, the crime rate in Show Low has actually increased by about 35%.

Tempe

The violent crime rate in Tempe has increased, which more than justifies its climb up in most rankings of this kind. It is estimated that about one in every 206 residents becomes a victim of a violent crime.

Tucson

As the second-largest city in Arizona, it is actually a surprise that Tucson isn’t closer to the top of this list. Only 736 people out of every 100,000 have become a victim of violent crime, which is a decent number for this large of a city.

Winslow

While better known as an old-school town along route 66, it has a not-so-satisfactory reputation as being among the most dangerous cities in Arizona. There is a 1 out of 96 chance that you may be a victim of a violent crime here.

Page

One of the most scenic cities in the state, it has the unsavory reputation of being the state’s 3rd most dangerous city. There is 1 in 95 chance of being a victim of violent crime, although this rate has decreased over the years.

Tolleson

There used to be a time when this was the most dangerous city in terms of violent crime. Tolleson’s violent crime rate has lowered, but it still remains high at 835 violent crimes per 100,000 people.

Globe

This has become the worst city in Arizona in terms of the frequency of violent crime. There is a 1 in 50 chance that you may become a victim of violent crime if you live in Globe.

If you, for some reason, have become a victim of violent crime in Arizona, it may be helpful to know that someone is there to help you. Call us here at the Law Offices of Gary L. Rohlwing to learn more about how our legal services can help you out.

Cities in Arizona Ranked by Violent Crime Rate See more on: Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/misdemeanors/cities-in-arizona-ranked-by-violent-crime-rate/

Typical DUI Questions in Arizona

If you are facing a DUI charge in Arizona, a lot of legal questions may be running through your mind. These include whether or not you should hire a DUI lawyer. The answer to this is a resounding YES. You need the services of experienced and reputable lawyers like the Law Office of Gary L Rohlwing, given the complexities of the Arizona DUI laws.

Here are some of the common DUI case questions

Is a DUI a criminal crime in the State of Arizona?

Most DUIs in Arizona are considered misdemeanors. But, there are instances when a DUI is considered a felony such as Extreme DUI and Aggravated DUI.

In Extreme DUI, a person in physical control or driving a vehicle with at least 0.15 BAC (Blood Alcohol Concentration) may be charged. An Extreme DUI conviction carries much heavier penalties compared to a typical misdemeanor.

If convicted of a DUI charge, what other penalties can I face?

Once arrested for DUI, you could face a myriad of penalties. These may include suspension or revocation of your license, probation, steep fines, mandatory alcohol treatment programs, community service, prison time, restitution, and a lasting mark on your record. Your vehicle may also be impounded, and you may have to have an ignition interlock device installed in your vehicle.

Worse, a lot of people with DUI convictions experience social ostracism, damaged reputation, limited opportunities, loss of community, and strained relationships.

What’s an ignition interlock device?

The device serves a similar purpose to a breathalyzer. The difference is that the former is installed in your dashboard, and no officer administers the test. Before you can start your car, you need to breathe into the ignition interlock device.

If your BAC is over the legal limit, your car’s engine won’t start. While driving, the device will also require you to breathe into it occasionally. This is to make sure you haven’t been drinking as you drive. An alarm will go off if the device detects a high BAC. It won’t stop until the ignition is off.

When charged with an Arizona DUI, why do I need to hire a local lawyer?

There are many possible penalties that a DUI conviction in Arizona carries. Thus, handling your case may be tricky for a lawyer who is not well-versed in the Arizona DUI laws. If you are convicted of a DUI, you will have a permanent criminal record.

It’s therefore important that you do everything possible to get the best possible result for your case. This will only be possible if you get effective and reliable legal representation from a reputable lawyer with lots of experience defending Arizona DUI cases.

Gary L Rohlwing knows all the intricacies of the DUI laws in Arizona, and he will find ways to improve your chances for a favorable result. He will find flaws in the prosecution’s case, challenge evidence, assist you in challenging a license revocation or suspension, invite expert witnesses, and negotiate with the judge and prosecutors on your behalf for reduced penalties or charges. Everything the lawyer does can have a significant impact on your case.

Typical DUI Questions in Arizona is republished from https://criminal-duiattorney.com/blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/misdemeanor/typical-dui-questions-in-arizona/

What You Need to Know About Arizona’s Zero Tolerance DUI Laws

Arizona is a state that has some of the strictest laws in the country surrounding driving under the influence. Generally, it has what is known as zero tolerance laws pertaining to DUI offences. These can result in severe penalties and other serious consequences, even if it’s your first offence. It’s important to understand Arizona’s DUI laws.

The number of drinks that it takes to reach the legal intoxication limit can vary. However, a 160-pound woman can probably reach the legal intoxication limit after having only two drinks. A 220-pound man will probably reach the intoxication limit after three drinks. Because Arizona has a zero-tolerance policy, it’s a good idea for you to avoid driving if you have had any alcohol.

alcohol with Car Key

What is Meant by Zero-Tolerance?

In most of the United States, the legal limit for blood alcohol concentration is 0.08%. However, in Arizona, the zero-tolerance DUI laws mean that even if you are found to have a blood alcohol content (BAC) under that amount, you can still be arrested and charged with a DUI. In general, if a police officer pulls you over and requests that you take a breathalyzer test that reveals a reading of 0.08 or lower, you could still be arrested depending on the officer’s belief of whether or not you’re intoxicated.

How is Impairment Determined?

The term “impairment” is flexible as it can vary depending on each individual DUI case. Due to the zero-tolerance laws, Arizona is very strict regarding an offender’s level of impairment. A police officer can determine that a driver is impaired based on certain criteria. Usually, the main factor is their BAC, but there are other factors they consider like slurred speech, glassy eyes, erratic driving, and failing field sobriety tests. An officer may also make the determination that someone is impaired based on detecting the odor of alcohol on their breath. In any case, this DUI law certainly warrants getting a DUI lawyer on your side to defend you in court.

What are the Different Types of DUIs?

There are different types of DUI charges in Arizona. These are known as tiers and are determined based on the factors of your case. They include the following:

  • Standard DUI: A standard first-time offense carries a penalty of 10 days in jail and a maximum fine of $1,500. If convicted, you are required to pay jail and monitoring fees and undergo counseling. A conviction also results in a 90-day license suspension and the installation of an ignition interlock device on your vehicle for one year. For a second offense, you can see a 90-day jail sentence but receive at-home detention after six days. A fine of $3,500 is instituted and you are responsible for paying monitoring fees. The same requirements for a first offense apply regarding the driver’s license and IID.
  • Extreme DUI: An extreme DUI conviction is applied if the individual’s BAC is 0.15% or higher. Penalties include 30 days in jail with home detention after two days, a fine of $2,780, and monitoring fees as well as counseling and screening. Driver’s license suspension is 90 days and an IID is required on the vehicle. With a second offense, jail is elevated to 120 days and a fine of $3,740, in addition to monitoring fees. The individual’s license is suspended and they must have an IIG on their vehicle.
  • Super extreme DUI: If a person’s BAC is 0.20% or greater, it counts as a super extreme DUI and carries 45 days in jail, a $3,240 fine, and monitoring fees. Driver’s license suspension is 90 days and an IIG is installed on the vehicle for 18 months.
  • Aggravated DUI: The punishment for aggravated DUI can vary. You will typically have to spend more time in jail, pay higher fines and get your license revoked. Screening and counseling are also required.

If you have been arrested for a DUI offense in Arizona, you need immediate assistance from a skilled DUI lawyer. Contact the Law Offices of Gary L. Rohlwing to discuss your case with an attorney.

The blog post What You Need to Know About Arizona’s Zero Tolerance DUI Laws is courtesy of Gary L Rohlwing Lawyer



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/extreme/what-you-need-to-know-about-arizonas-zero-tolerance-laws/

Criminal Charges for Not Wearing COVID Face Masks

The current emergency status in the United States regarding the COVID-19 pandemic is assuredly putting a strain on U.S. constitutional protections. Some see it as though the entire work has been suppressed since the governors in certain states have begun using their new-found emergency declaration powers, essentially doing as they please under the potentially false concept that governments can protect the people from themselves.

The Constitution has effectively been reduced to a mere piece of paper, but it is still the supreme law of the land and a document that lawyers can use when defending their clients against minimal governmental demands such as not wearing a face mask by mandate of a state governor.

can you get fined for not wearing a face mask

Disorderly Conduct

The technical term for not following the current commands of government officials is disorderly conduct. And, just as with other charges leveled by government legal systems, it is still incumbent on the prosecutor to prove beyond a reasonable doubt that the claims of the officer or an accusatory witness are valid.

Even testimony may not provide that level of proof. An experienced and aggressive criminal lawyer can evaluate all evidence in the case and cross-exam any witness in an open hearing, including government agents such as health department officials who write citations.

Even though the charge is minimal, it still can generate an incident record. Disorderly conduct is a serious legal matter that can present future problems regardless of the seemingly low level of crime because it generates a criminal record.

Potential Remedies

The claims by government officials surrounding COVID and charges levelled against people based on subjective opinion are considered frivolous by many Americans, and especially regarding the forced wearing of face masks.

Ultimately, freedom should begin with the right to say ‘No’ to an onerous government. Judges and prosecutors understand this issue, but they are also in the fine collection business. When a case dismissal cannot be achieved, a criminal attorney can take the case to a full trial, pinpointing reasonable doubt and questioning the validity of the information being supplied by any witness or the court.

Summary dismissal or deferred judgments for later dismissal could also be a satisfactory case remedy when an agreement can be negotiated with the prosecutor.

Extenuating Circumstances

Another potential defense in citation cases for not wearing a mask in Arizona is the underlying medical condition of the defendant. While many people who are susceptible to catching the COVID virus may benefit from face mask compliance, it is a known fact that the mask can reduce oxygen levels for some people, which can be detrimental to their personal health.

Documented evidence of any applicable health condition can be used when building a defense that results in a medical exemption from the mask requirement that is being set in certain communities as opposed to requiring public mask wearing for all Arizona residents.

Never accept the notion that a disorderly conduct charge for not wearing a face mask cannot be defended in court. A dismissal can assuredly be the final outcome when an experienced and aggressive Arizona criminal attorney presents your case to the court. Always call the Law Offices of Gary L. Rohlwing for comprehensive representation.

The following post Criminal Charges for Not Wearing COVID Face Masks was originally seen on LawOfficesGaryRohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/criminal-defense/disorderly-conduct/charges-for-not-wearing-covid-face-masks/

Can You Legally Avoid an Arizona DUI Checkpoint?

It may not be typical to see police officers on the road, flashing lights, and wearing reflective vests to do random DUI checks, but it does happen. In Arizona, a lot of people feel that DUI checkpoints are intimidating. They often feel that they have to prove their innocence when they go through a checkpoint, whether they’ve been drinking or not.

DUI Checkpoints

First of all, you have to keep in mind that DUI checkpoints are upheld under the federal constitution. Nevertheless, some drivers choose to avoid the lines, questions, and lights of these operations.

If you do not want to go through a checkpoint, see to it that you do not give the police officers any reason to pull you over. Refrain from making any erratic or illegal driving maneuvers to avoid the checkpoint. Otherwise, you will only draw attention to yourself.

Refrain from making any U-turn if you are not sure that it is safe and legal to do so. As much as possible, you should look for a side street that you can enter before you arrive at the checkpoint.

Once you arrive at the checkpoint, keep yourself cool and composed. Arizona’s DUI laws are tough, so you should keep calm to stay focused on the process.

To avoid panicking, you can research about the DUI checkpoint before you drive to your destination. Check out social media posts and read the news on checkpoints. Usually, there are more checkpoints during the weekends, holidays, and special events.

Don’t forget to prepare any documents you may need such as your auto insurance, registration, and driver’s license. Keep your documents inside your car at all times to avoid any hassle. Store them in a secure location that you can easily access, like the glove compartment.

Of course, you should also keep your vehicle clean and free from suspicious items such as alcoholic beverages, illegal drugs, and paraphernalia. If you need to use certain medications, see to it that you also have your prescriptions.

If you ever get stopped at a checkpoint, you can avoid incriminating yourself by not volunteering any information. Only answer questions that you are asked. You can also invoke your right to remain silent if you think that answering such questions could put you at risk.

In addition, take note that you have the right to refuse any field sobriety tests if the police officer does not have a probable cause or warrant. Nevertheless, you should always be respectful and polite, even if you decline to take a test.

Remember that no matter how annoying a DUI checkpoint is, it’s still necessary. It’s not there to inconvenience people but to help maintain safety and security in the area. Know your civil rights, but do not be argumentative and hostile.

If ever the worst happens and you are arrested for DUI, remember to find yourself legal assistance. You can contact the law offices of Gary L. Rohlwing since they offer DUI, criminal defense, and domestic violence representation in Arizona. You can refuse to answer any more questions until after you meet with an attorney.

Can You Legally Avoid an Arizona DUI Checkpoint? is courtesy of www.criminal-duiattorney.com/blog/



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from https://www.criminal-duiattorney.com/dui-defense/aggravated/can-you-legally-avoid-an-arizona-dui-checkpoint/

I Was Too Drunk. How Can I Be Charged with Sexual Assault?

For a sexual assault allegation to stick, it is not always necessary to establish intent – even if the alleged attacker was intoxicated at the time the supposed assault happened. Such crimes call for evidence, and the assault victim must come forward to make sure that the case moves forward.

Domestic Violence

State of The Accused and The Victim

The existence of evidence is important to convict an attacker in a criminal case. A case may have not much to support any side, depending on both the victim’s and the attacker’s state. If the person facing an assault charge couldn’t remember what happened because he was too drunk, he may not have much to defend any actions he took.

However, if it was the victim who was drunk or both parties were intoxicated enough that any action from either side is unsure or blurry, the case may have nothing to stand on.

The Victim’s Recollections

The alleged victim’s memory of the sexual assault may not be very clear. But, whatever the person recalls may be used to support the charges. Communication or discussion with the other person involved may help clarify what really happened.

This often leads to an investigation where both parties are made to reveal as much information about the incident as possible. If a drunk person committed sexual assault, then he may face charges for causing trauma and inflicting harm. At this point, the accused would need an attorney.

Evidence against the Attacker

Evidence in cases of sexual assault may involve actual events, as well as what average persons expect to happen in such situations. If the parties were in a romantic situation such as a date, sexual relations may be reasonably expected. But, if one party was unconscious and the other took advantage, it would constitute sexual assault – even if it can be reasonably assumed that the parties have done it before. Unfortunately, arguments containing only the side of the victim may be insufficient to convict the defendant.

Initial Sexual Assault Charges

Initially, police officers may not issue charges based on the victim’s first interview. The case may not progress into a hearing if the police think that there may have been consent before the victim fell unconscious. The victim may also have been too intoxicated to recall what happened. In many cases, the police officers may never bring the case forward or issue any charges. Without visible evidence or injury to support the charge, the victim may not have any recourse but to talk to a lawyer.

What Constitutes Consent

According to studies, a lot of people are not aware of what full consent involves. In the case of male defendants, they may be unable to read the actions of the female. If the defendant is a woman, she may have neglected the other party’s mood. The common reason for a charge of sexual assault is a lack of consent. But, the motive may not be present if the attacker was drunk.

Reasonable Situations

The prosecuting lawyer, jury, and judge may consider the situation presented as a reasonable place to expect the occurrence of sexual activities. However, there may be a clear case if there are injuries or additional evidence to support the sexual assault charge.

The Drunk Defendant’s Legal Defense

When facing a charge for sexual assault at a time when you were drunk, you will need an experienced lawyer to defend you. The Law Offices of Gary L. Rohlwing can help you when it comes to crafting an appropriate defense for your particular situation.

The following post I Was Too Drunk. How Can I Be Charged with Sexual Assault? was first published to Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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from https://www.criminal-duiattorney.com/criminal-defense/sex-crimes/i-was-too-drunk-how-can-i-be-charged-with-sexual-assault/

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties

In Arizona, domestic abuse charges are taken very seriously and thus the penalties are very severe. Domestic violence is defined as nearly any criminal act of abuse committed by a household or family member against another.

Domestic abuse is not only physical but may be sexual or emotional in nature. Neglect and economic control are also considered abuse. Crimes associated with abuse include assault and battery (with or without a deadly weapon), kidnapping, disorderly conduct, and criminal trespass.

domestic violence legal help

Domestic violence is considered a misdemeanor. However, if the suspect is convicted of three offences over a seven-year period, the charge can be upgraded to aggravated domestic violence, which is a felony, even if the earlier offences were charged as misdemeanors. This carries with it more severe penalties.

Penalties for Domestic Violence

In Arizona, misdemeanors are classified as Class 1, 2, or 3 depending on the severity of the charges, with Class 1 being the most serious. Penalties range from a maximum of 30 days or up to six months in jail, as well as fines ranging from as much as $500 up to $2500.

If the charges are upgraded to a felony, the corresponding penalties are based on the underlying offence. However, certain circumstances may increase the penalties.

For instance, if the suspect commits an act of domestic violence against a pregnant victim that he knew was pregnant, two years is automatically added to any mandated jail time for the offence.

To illustrate, if a suspect is convicted of unlawful imprisonment against a stranger, he faces a maximum penalty of three years. However, if the offence is against his wife, whom he knew was pregnant at the time, the maximum penalty is increased to five years.

In addition to jail time or probation and fines, any person convicted of a domestic violence offence is required to complete a treatment program for domestic abuse offenders. This can consist of as much as 52 classes, which can take anywhere from six months to a year to complete.

Once charges are filed, the victim cannot decide to drop the charges. The State will prosecute them even if the victim refuses to testify. Only the district attorney has the authority to request a dismissal, and this still has to be approved by the judge.

Defending a Domestic Violence Case

If you have been charged with an offence involving domestic violence, it is very important that you engage the services of an attorney experienced in handling these cases. An experienced attorney will evaluate your case and explore possible defenses, as well as other options open to you. He will also ensure that your rights are protected.

Attorney Gary L. Rohlwing is an experienced attorney specializing in domestic violence representation and criminal defense. He has been the attorney of record in more than 3500 cases and has been a former prosecutor for Phoenix and Peoria.

If you have been charged with a domestic violence offence, he will evaluate your case and help you get the best outcome. You can get in touch with him at (632) 937-1692 to avail of a free initial consultation.

Everything You Need to Know About Domestic Abuse Offenses and Their Penalties is available on Glendale Arizona Law Offices of Gary Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

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