Aggravated Assault Charges Defense in Arizona

Arizona prosecutors file thousands of criminal cases every year. A lot of these cases involve assault allegations. An assault charge in Arizona may either be a felony or a misdemeanor, depending on the particular circumstances of the charge.

assault

Elements of Assault and Aggravated Assault

The state recognizes 2 kinds of assault that don’t involve sexual elements. These are assault and aggravated assault. There are two things the prosecutor must establish to prove a crime of assault or aggravated assault: that the defendant committed the act (actus reus in Latin), and that he performed it with the necessary mind-set (mens rea).

Actus reus refers to the physical action constituting a crime element. In an assault case, for instance, it may be a blow with a fist, pulling the trigger of a gun, or a stabbing motion. But, for the defendant to be guilty of the crime, the prosecution must first show that the defendant committed the crime with a guilty mind.

Assault

Except for very few situations, Arizona crimes mandate that the prosecution establish that the defendant committed the act with a certain degree of intent, knowledge, or recklessness. For instance, Arizona assault laws say that a person can be guilty of assault if he knowingly, intentionally, or recklessly caused another person to suffer a form of physical injury.

A defendant who bumps into another person by accident will therefore not be guilty of assault. This is because while the other person may have sustained an injury because of the actions of the defendant, the latter did not act knowingly, intentionally, or recklessly.

The criminal laws of Arizona don’t punish negligent behavior in general. Thus, even if the defendant proclaims his negligence in bumping into the victim, he would still not be found guilty of the charge.

Aggravated Assault

An aggravated assault in Arizona is similar to an assault charge, but with an additional proof supporting one or more specific facts. The following can elevate a criminal charge from assault to aggravated assault:

  • The complainant sustained serious physical injury.
  • There was use of a deadly weapon, which can be a felony.
  • The defendant performed the alleged assault after gaining entry into the victim’s home with the intention to assault them.
  • The defendant is at least 18 years old, and the alleged crime was performed against a person who is under 15 years old.
  • The alleged crime was performed against a protected member of a class such as a prosecutor, police officer, teacher, or firefighter.

Are You or Any of Your Loved Ones Facing an Assault Charge in Arizona?

If you or a loved one has been arrested for the crime of assault in Arizona, it is best to get in touch with a reputable attorney right away. This way, your rights as a defendant will be safeguarded. Your lawyer can also help you strategize your defense and get the best possible result for your case.

Contact the Law Offices of Gary L Rohlwing for help. Atty. Rohlwing has successfully defended hundreds of assault cases in the state of Arizona. He is also well-versed in the Arizona justice system.

 

The post Aggravated Assault Charges Defense in Arizona is republished from Blog



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/criminal/aggravated-assault-charges-defense-in-arizona/

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Can You Avoid the Ignition Interlock Device after an Arizona DUI?

Individuals who are arrested for a DUI in the state of Arizona are required to install an ignition interlock device in their vehicle. This device requires regular maintenance and it can be quite costly. Hence, a lot of drivers want to know if they can avoid its installation after they are convicted for a DUI.

Are Ignition Interlock Devices Really Required?

Yes, they are really required.

At present, drivers who are found guilty of a DUI are required to install the device in their vehicle. There are no exceptions for this. Anyone who is arrested and convicted of a DUI needs to do this, including those who were arrested because of taking medications or drugs. A lot of people think that such provision is not necessary. Nevertheless, it must be adhered to, even if you were only arrested because you had to take prescription medications. A DUI is considered a very big deal in Arizona.

If you ever get arrested, you would be required to have the device installed in your vehicle for a year. Depending on your situation, you may request for a revision and/or removal of the device after six months.

So, if you are hoping that you can avoid installing the device after a court has ordered you to do it, you’ll be disappointed. Arizona is strict when it comes to performing regular compliance checks. The authorities may carry out inspections without warning to find out if the drivers are indeed following the rules. If you are caught disobeying a court order to have the device installed, or even tampering with it, you could face serious consequences.

Is It Ever Possible to Avoid Getting an Ignition Interlock Device?

Not following court orders is never an option. However, is it ever legally possible to avoid installing the device? What if you promise the judge that you won’t drive your car for a year? According to the law, you need to have the device installed in your vehicle even if you promise not to use it for that year. In fact, you need to have the device installed in any vehicle that you drive, including rent-a-car-services.

Simply making this kind of promise is not enough for you to avoid installing the device. After all, nobody can really guarantee the future. So, there is no way for you to tell that you will be able to refrain from driving for a year.

Nevertheless, there is a single exception. You can drive a vehicle that does not have an ignition interlock device during an emergency situation, such as needing to go to the hospital. So, the answer to this question is also ‘yes’. It is possible to use a vehicle without an ignition interlock device if there is an emergency. Otherwise, you would get arrested if you operate any vehicle that does not have the device. You could even be banned from driving.

Also, you may avoid installing the device if you are charged with a DUI after using drugs. According to the law, an individual can avoid installing the device if they are charged with a DUI after using metabolites or any drug defined in ARS 13-3401. Moreover, they would only be exempted if they have no prior conviction. That means, they cannot have been arrested for DUI in the past eighty-four months. They should also not have been arrested for any drug-related offense in the past.

First-time offenders are the only ones who may take advantage of this exception. Also, this only applies if they are committing a misdemeanor, rather than a felony DUI. Judges are in control of mandating ignition interlock device installation. So, if you get on their good side, they may be lenient on you. Just don’t be complacent, especially if your charges have aggravating factors. It can be very difficult to get out of a DUI procedure if you insist on not getting the device, especially when you are in Arizona. Then again, you may get a good deal if you have a competent attorney who is skilled at negotiations.

If you need representation, you can contact the Law Offices of Gary. L. Rohlwing. They specialize in DUI, criminal defense, and domestic violence cases. They have clients in Phoenix, Glendale, Goodyear, and all around Arizona.

The blog post Can You Avoid the Ignition Interlock Device after an Arizona DUI? is courtesy of Blog of Gary L Rohlwing



Law Offices of Gary L Rohlwing

7112 N 55th Ave

Glendale, AZ 85301

(623) 937-1692

https://goo.gl/maps/vntMC15aMUG2

from http://www.criminal-duiattorney.com/blog/dui/can-you-avoid-the-ignition-interlock-device-after-an-arizona-dui/

Arizona Supreme Court Changes Duress Defense

The Arizona Supreme Court recently changed the defense of duress in criminal cases.  The following is from “AZ Supreme Court Changes Criminal Defense of Duress” by Howard Fischer, Capitol Media Services, August 24, 2018: https://azcapitoltimes.com/news/2018/08/24/az-supreme-court-changes-criminal-defense-of-duress/

A woman sentenced to 20 years in prison because of her role in keeping her three daughters locked up for three months in squalid conditions has had her case sent back to Pima County Superior Court Judge Paul Tang for a new trial.

Sophie Richter wanted to present evidence that she acted under duress because she was too scared of her husband, the girls’ stepfather, to help them.  Her evidence would have included a doctor’s testimony that she suffered from post-traumatic stress disorder due to her husband’s abuse and photographs of “numerous scars” she said were inflicted by him.

Judge Tang refused to allow her to use duress as a defense because she was essentially claiming “battered woman syndrome,” where she would escape punishment by claiming she was so abused that she lacked the mental capacity to know she was committing a crime.  That defense is not allowed in Arizona.

Chief Justice Scott Bales noted that her claims were more specific than that:

“For example, he said she believed that if she resisted she would either be seriously harmed or killed, or that her children would as well. And she submitted evidence of wounds and blood on her body that police documented on the day of her arrest.

Bales said that evidence, if accepted by a jury, could show she was constantly in fear, providing a basis for her to argue she had no choice but to go along with what her husband demanded.”

Bales said she had a story to tell that could convince a jury she acted under duress:

“She sought to argue that her intentional illegal conduct was justified because she was compelled to abuse her children by the threat or use of immediate physical force against her or her children,” he wrote. More to the point, he said that threat need not be something that occurred at precisely the same time Sophia was committing the crime.

“An ongoing threat of harm can be sufficiently immediate and present for purposes of a duress defense even when the threat precedes the illegal conduct by several days,” he said.

Bales acknowledged that the threat needs to be more than “vague or undetailed.” But the justice said there was enough evidence to suggest she was under constant fear.

“She stated that even when she went grocery shopping, she was accompanied by Fernando’s mother,” he noted, and Sophia was required to keep her cell phone on at all times “in order that he could tell her what was going on.”

Then there were the wounds and blood police found. And Bales said Sophia would have presented evidence that when she stood up to Fernando on a family trip he threw her out of the hotel room by her hair.

Bales said, though, that for Sophia to succeed in her defense at a new trial she has to convince a jury that a reasonable person, subjected to the same threats and patterns of abuse, would have believed he or she was compelled to engage in the same illegal conduct.

If you have been charged with a crime where duress might be a defense, you need an experienced defense attorney.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

 

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Arizona Supreme Court Changes Duress Defense is republished from Gary Rohlwing

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from http://www.criminal-duiattorney.com/blog/criminal/arizona-supreme-court-changes-duress-defense/

Beyond GoFundMe: Using Crowdfunding to Raise Money for Legal Defense

GoFundMe is a popular website to raise money for a legal defense.  Unfortunately, problems can arise using GoFundMe. GoFundMe may not allow you to use them if you or your case are controversial.  They reserve the right to cancel your campaign and withhold funds at any time for any reason. It may be very difficult to talk to a person if any problems come up.

Two crowdfunding websites you may not have heard of are fundedjustice.com and fundrazr.com.

Fundedjustice.com is for anyone with a legal issue that needs money to hire an attorney. In their own words:

“We are truly agnostic when it comes to campaign selections. If your campaign touches a legal or Social Justice issue we are the right partner for you.

We started our service in 2014 with the goal of helping people gain access to the legal system or fight to correct a social wrong. For too long, the rich and powerful have had the best legal representation that money can buy, and poor people could go to legal aid clinics. But what about the vast majority of middle-class America? What about the average citizen who sees that something is wrong and knows that things could be better.

We provide a straightforward, easy way to raise money quickly. Harnessing the power of social media and the Internet, you can find hundreds and potentially thousands of people who are willing to help.”

Fundedjustice.com does not charge you to build a campaign page or run a fundraising campaign on Funded Justice.  Instead, they charge a flat 7% plus any credit card processing charges. Funds are transferred as soon as possible; you don’t have to wait for the campaign to end.

Fundrazr.com started in January 2009.  As of January 2017, they had raised more than $100 million in total funds.  Fundrazr.com has a 0% platform fee where they just ask supporters for a small optional tip and take standard credit card and PayPal processing fees.  Funds are transferred once they have cleared any security checks and according to the daily, weekly or monthly schedule you have set for withdrawals.

Both fundedjustice.com and fundrazr.com provide help in creating your crowdfunding campaign.  However, you still need to put in some work if you want your crowdfunding campaign to succeed according to fundedjustice.com:

“The ideal Funded Justice crowdfunder is someone who is outgoing, has a large network of contacts, and is willing to work hard. If you have a Facebook account, use Twitter or simply email, you can have a successful campaign. It depends on you, and how much time and effort you are willing to put into your campaign.”

If you have been charged with a serious or complicated crime where crowdfunding might make sense, you need an experienced defense attorney to defend you.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

The post Beyond GoFundMe: Using Crowdfunding to Raise Money for Legal Defense was first published to Glendale Arizona 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 http://www.criminal-duiattorney.com/blog/law-offices-gary-rohlwing/beyond-gofundme-using-crowdfunding-to-raise-money-for-legal-defense/

How a Criminal Attorney Can Help You

Being a convicted criminal can turn your life and future upside down. Sure, you’ll need to get through prison life, but your future is also an important consideration. Having a criminal record, even if you have already served your sentence, can bar you from voting, employment, housing, social benefits, traveling, and even the right to bear arms.

To prevent conviction, you need a criminal lawyer. But how exactly can they help you?

Building Your Defense

A criminal attorney can help you find out multiple ways you can defend yourself. You can be the smartest person in the world, but once you’re suspected of a crime, your movement and access to information may be limited.

A criminal attorney can be there to investigate for you. He can look for crucial witnesses that will speak up in your defense or get the sentence that the prosecuting party is handing to you reduced. He can also find documents and even cobble together video evidence to get you acquitted.

He will gather facts and stitch them together to improve your defense.

Providing Information About Laws

Ignorance of the law is not an acceptable defense — especially when you are being apprehended and tried. Is that fair? In a sense, it is. Because if you can plead not guilty whenever you disobeyed a law due to ignorance, and get away with it, then many criminals would be acquitted. After all, there is no reliable method for detecting lies and scanning minds to know if ignorance of the law is truly at fault.

So, if ignorance of the law won’t help your defense, you need someone who has comprehensive knowledge of the law to aid you. That is what a lawyer is for. That’s their job after all.

Knowledge of the laws related to your case is important if you want to get acquitted or push for better bargain pleas. Your lawyer can inform you of all the laws you need to know and use his extensive knowledge on your behalf.

Knowing Your Rights

Aside from the related laws you need to know, you also need to know about your rights as a defendant. The laws, and the due processes that come with them, can be intricate, nuanced, and tricky. One small misstep can cost you your freedom and getting a lawyer can protect you from many prosecutorial misconducts.

Remember that prosecutors can use all the tricks they know to take advantage of your ignorance in order to win a case. For example, they can coerce you to agree to an unfair bargain, even if you are innocent and your case is easily winnable.

Trial Support

Being tried is a stressful event in one’s life. Even if your case is just a small misdemeanor, it could trigger anxiety or panic attacks. A lawyer can be there to provide you with professional and emotional support while you are in a courtroom.

Lighter Sentences and Better Plea Bargains

A lawyer can help you receive a lighter sentence or get better plea bargains. He can also help you expunge your records to make sure that the charges against you will not ruin your future and will not take away your rights as a citizen.

The blog post How a Criminal Attorney Can Help You was first published on 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 http://www.criminal-duiattorney.com/blog/criminal/how-a-criminal-attorney-can-help-you/

Why You Need to Hire a DUI Attorney

Dealing with a Driving Under the Influence (DUI) case should be simple. You get caught, deal with the paperwork, plead not guilty, and get off from the case scot-free. Or you can plead guilty if you were really smashed that day or night, plea for a lighter sentence, and do some community service.

In reality, however, DUI cases are not that simple. And the repercussions of not dealing with your DUI case seriously can instantly ruin your future. Remember that DUI is a criminal offense. The resulting punishment after a guilty verdict on your case will result in long-term problems.

First, your license can be revoked. When you are convicted, it will take you at least one to two years for you to reclaim it.

Reclaiming your license is also a lot of work. Most states do not give you the option of earning a shorter time frame for your revocation. You will not have the option to have your license reinstated until the full period of revocation has passed. Then, you will need to request a driver’s license restoration hearing. The next step is to collect all the necessary documents such as substance abuse evaluations and panel drug screenings results.

The processes may differ from state to state, but the bottom line is that you will need to go through this process and collect, learn about, and fill out all the necessary paperwork and requests yourself, because you tried to scrimp on getting a DUI lawyer and got convicted.

Aside from license revocation, your employment and promotion success rates will significantly decrease. Employers often perform background checks on applicants and employees that are up for promotion. Having a DUI on record often discourages employers from hiring or promoting people.

And it’s not just employers who perform background checks. Credit and banking institutions also do. A DUI conviction in your history can prevent you from receiving financial aid and certain bank transactions. If you are a student, you can expect that your chances of getting or maintaining a scholarship will go down the drain.

In addition to the difficulty of dealing with financial institutions and scholarship committees, you will also have a problem with your auto insurer. A DUI case significantly raises your automobile insurance rate. A car owner who drinks while driving is instantly considered a high-risk client by insurers. So, you can expect your premiums to go up when you have a DUI on your record.

The Importance of a DUI Attorney

The risk of ruining your future because of that one incident when a cop pulled you over and your breath smelled of alcohol will be reduced (or even made completely nonexistent in some cases) if you get an attorney who specializes in DUI cases.

A DUI attorney can:

  • Understand the intricacies of DUI laws in your state
  • Manage all the legal procedures involved in the case
  • Create the best defense for your case
  • Talk to connections that can help you with your trial
  • Work on a better resolution for you, such as a case dismissal or lighter sentence
  • Argue for a fair bail for you
  • Get you the best plea deal from the prosecutor
  • Guide you in the things you need to do before, during, and after the hearing

Most DUI lawyers offer free consultation, so there’s nothing to lose by meeting with them and checking them out. The right DUI attorney will help you understand your rights, defend your case, and ultimately improve your chances of a successful outcome.

The article Why You Need to Hire a DUI Attorney was first seen on 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 http://www.criminal-duiattorney.com/blog/uncategorized/why-you-need-to-hire-a-dui-attorney/

Brnovich Launches Investigation into Cell Phone Tracking

The tech giant Google is known to track cell phone users’ locations even when they think that they have disabled that feature.  Arizona Attorney General Mark Brnovich is doing something about it according to “Brnovich to Investigate Cell Phone Tracking” by Howard Fischer, Capitol Media Services, September 17, 2018:  https://azcapitoltimes.com/news/2018/09/17/arizona-mark-brnovich-to-investigate-cell-phone-tracking/

One week after the Associated Press reported that Google was tracking users’ locations even after people turned off the “location history” option on their cell phones and tablets, Arizona Attorney General Mark Brnovich launched an inquiry into whether a major tech firm is violating the rights of Arizona residents by tracking their movements and activities through their cell phones—even after the users think they’ve told the company to stop.

Brnovich’s office awarded a contract to a Washington, D.C. law firm to investigate how this company stores consumer location data through smartphone operating systems “even when consumers turn off location services” and take other steps to stop such tracking” according to the contract.  The part of the contract listing the firm to be investigated was redacted.

Brnovich declined to confirm that the target was Google.  He said that the process to turn off location services was opaque to users who think that turning off their location history—an option on a top-level Google menu—will work:

“I should not be a tech expert in order to figure out how not to have a third party know everything about my private life, including my emails, my conversations with my wife, my kids, what they’re up to, how many hours I spend watching sports or checking scores on my phone, how long I spend at the mall on Sundays,” he told Capitol Media Services. “It really is Big Brother-esque.”

Aide Ryan Anderson noted that users who think they’re opting out of having their information shared by clicking off “location sharing” are being lied to.  “It’s a fake button.” He said. “It doesn’t actually do anything.”

Brnovich can go after an international company like Google because of the Arizona Consumer Fraud Act.  He has previously used it to get refunds for Arizonans who thought that they purchased clean-burning diesel-powered vehicles from Volkswagen.

Brnovich commented:

“If they’re accessing the contacts of your phone without your permission, that means they are doing things that you either ultimately didn’t want done but they did anyway, or alternatively, they’re collecting information on you without telling you that they’re doing it,” Brnovich said.

“They’re essentially creating a profile on you,” he said. “They literally can know what you want to buy before you even know.”

What it ultimately comes down to, Brnovich said, is who has the right to anyone’s personal data.

“Quite frankly, I do think as a human being I have a property right in my information, my data, things about me, who I deal with, where I go,” he said. But he said it goes beyond that.

“The dignity of being a human being is not having everyone know, through some third party, every single thing about what we do,” Brnovich said.

“I’ve heard a lot of people say, ‘Who cares?’ ” he continued. “But if you don’t care, then why do people have passwords?”

If you have been charged with a crime based on cell phone tracking data, you need an experienced defense attorney.  Attorney Gary Rohlwing has over thirty years experience. Please call him today for a free consultation.

The following blog post Brnovich Launches Investigation into Cell Phone Tracking was originally seen on http://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 http://www.criminal-duiattorney.com/blog/law-offices-gary-rohlwing/brnovich-launches-investigation-into-cell-phone-tracking/