Your professional license is your career and livelihood. When it is threatened, you need a strong defense. Our skilled criminal defense attorney at Genesis DUI & Criminal Defense Lawyers can provide the robust defense you need. Our criminal defense law firm also specializes in license defense. We can negotiate with the professional licensing board, ensure your story is heard, and defend your career.

Professional licensing boards are not like other legal systems. It would help if you had someone who specializes in this area of criminal law. Learn more about professional license defense below. Then, contact us for a free consultation.

Professional License Defense Attorney in Gilbert, AZ

Your license is crucial to your career and livelihood as a licensed professional, such as a doctor, nurse, or dentist. Losing your license due to criminal charges can severely affect your life and future prospects.

If you are charged with a crime and subsequently lose your license, it can be difficult, if not impossible, to continue practicing in your field. This can result in a significant loss of income and financial stability. Finding employment in a different field with a criminal record and a revoked license can also be difficult.

In addition to the financial consequences, losing your license can significantly impact your personal life and reputation. It can be embarrassing and damaging to your reputation to lose your license due to criminal charges. It can also be emotionally difficult to cope with losing your career and the prospect of starting over in a new field.

It is essential to retain a skilled and experienced professional license defense lawyer in Gilbert, AZ, if you are facing criminal charges that could result in losing your license. At Genesis DUI & Criminal Defense Lawyers, we are experienced Gilbert Criminal Defense Lawyers. We understand the gravity of these situations and are dedicated to providing top-notch legal representation to defend your professional license. Our team of attorneys has a wealth of experience in professional license defense and will work tirelessly to protect your rights and your livelihood.

Defense Attorney for Doctors in Gilbert, AZ

Suppose you are a doctor, nurse, dentist, or other professional license holder facing criminal charges. In that case, retaining a skilled and experienced professional license defense lawyer in Gilbert, AZ, is important. These charges can compromise your license and jeopardize your career.

At Genesis DUI & Criminal Defense Lawyers, we understand the gravity of these situations and are dedicated to providing top-notch legal representation to defend your professional license. Our team of attorneys has a wealth of experience in professional license defense and will work tirelessly to protect your rights and your livelihood.

As a professional license holder, you have likely worked hard to earn your degree and pass the necessary exams to obtain your license. The thought of losing it due to criminal charges can be devastating. That is why it is crucial to have a strong legal defense to fight these charges and keep your license intact.

Defense Lawyer for Professionals in Gilbert, AZ

Our attorneys will thoroughly review the details of your case and develop a customized legal strategy to defend you. We will work to negotiate with prosecutors and seek a favorable resolution that keeps your license safe. If a trial is necessary, we will vigorously defend you in court and do everything possible to achieve a positive outcome.

In addition to defending you against criminal charges, we also offer representation for professional license disciplinary hearings. These hearings, held by the appropriate licensing board, can result in the suspension or revocation of your license. Our attorneys have extensive experience in these proceedings and will provide strong representation to protect your license.

Professional License Defense Lawyer in Gilbert, AZ

There are many ways in which a professional license defense lawyer in Gilbert, AZ, can help you if you have been charged with a criminal offense. Here are just a few examples:

1. Conduct a thorough investigation. One of the key aspects of my role as a professional license defense lawyer is thoroughly investigating the circumstances of your case. This may involve reviewing police reports, interviewing witnesses, and working with experts to build a strong defense on your behalf. By conducting a thorough investigation, we can help you understand the charges you are facing and identify any potential defenses or legal strategies that may be available.
2. Negotiate with prosecutors. If you are facing criminal charges, we can work with prosecutors to negotiate a plea deal or other resolution in your best interests. This may involve negotiating for reduced charges, a favorable plea agreement, or alternative sentencing options.
3. Represent you in court. If your case goes to trial, we will represent you in court and work to defend your rights and interests. This may involve cross-examining witnesses, presenting evidence, and making legal arguments on your behalf.
4. Assist with licensing board proceedings. In addition to representing you in criminal court, we can assist you with any licensing board proceedings that may arise due to your criminal charges. This may involve representing you at a hearing, negotiating with the board, or helping you to prepare a defense.

Defense Attorney for Dentists in Gilbert, AZ

At Genesis DUI & Criminal Defense Lawyers, we understand the importance of your professional license and the impact it has on your career and livelihood. We are dedicated to providing top-notch legal representation to defend it. If you are a doctor, nurse, dentist, or any other professional license holder facing criminal charges or a disciplinary hearing in Gilbert, AZ, do not hesitate to contact us for assistance. Our team is here to help you through this challenging time and fight for the best possible outcome for your case.

The Challenges of Professional License Defense

• Navigating complex regulations. Professional licenses are governed by specific regulations that can be complex and difficult to understand. These regulations vary significantly between professions and states, adding another layer of complexity. Successfully defending a professional license often requires a deep understanding of both state laws and the detailed standards set by professional licensing boards.
• High stakes for professionals. The stakes are incredibly high in professional license defense cases because your career is on the line. Losing your license can mean losing your current job and the inability to work in your trained profession. This can have devastating financial and personal consequences, making a strong defense crucial.
• Gathering sufficient evidence. Defending a professional license requires gathering substantial evidence to counter the allegations. This often includes detailed records, witness testimonies, and expert opinions. Collecting and presenting this evidence effectively can be challenging but is essential to protect your license.
• Dealing with public perception. Professionals facing license issues often contend with negative public perception. This can affect the proceedings, especially in cases that involve public safety or trust, such as those concerning medical or legal professionals. Managing public relations while navigating the legal defense adds more complexity.
• Time-consuming process. The process of defending a professional license can be long and drawn out. It involves multiple stages, including investigations, hearings, and possible appeals. The lengthy process can be stressful and may interfere with your ability to work and carry on with your professional responsibilities.

Defenses We Can Use

• Lack of evidence. One common defense is arguing that there is insufficient evidence to support the claims against your professional conduct. We can challenge the credibility and relevance of the evidence provided by the licensing board. If the evidence doesn't meet the required standard of proof, the case against you might be weakened or dismissed.
• Procedural errors. We could use this to your advantage if there were errors in how the licensing board handled your case. This could include failure to follow their rules or violations of your legal rights during the investigation or hearing process. Highlighting these errors can sometimes lead to a dismissal of the charges.
• Mitigating circumstances. We can present mitigating circumstances that explain or justify your actions to some extent. These might include unusual stress, a misunderstanding of the rules, or reliance on incorrect advice from legal or professional advisors. Such circumstances can lead to reduced penalties or even a full defense.
• Rehabilitation and remediation efforts. Demonstrating that you have taken steps to address the issues raised, such as undergoing additional training or treatment, can be an effective defense. These efforts show the licensing board your commitment to professional standards and career, and can significantly influence the outcome in your favor.
• Good professional record. Highlighting your professional conduct history and previous contributions to your field can also serve as a strong defense. We can compile evidence of your professional achievements and testimonials from colleagues and clients. A solid professional background often sways opinions, resulting in a more favorable outcome.

Why You Need a Lawyer To Defend Your License

• Expert knowledge. Professional license defense lawyers have specialized knowledge of the laws and regulations affecting your profession. They understand the complexities of administrative law and how licensing boards operate. This expertise is crucial for navigating the legal system effectively and protecting your rights.
• Strategic defense. An experienced lawyer can develop a strategic defense based on your case's specifics and your profession's unique aspects. They know what defenses have the best chance of success and how to implement them effectively. This strategic approach can make a significant difference in the outcome of your case.
• Negotiation skills. Lawyers are skilled negotiators who communicate effectively with licensing boards and other authorities. They can negotiate on your behalf to reduce sanctions or even get charges dismissed. Their negotiation skills can be particularly valuable if there's room to settle the matter without a formal hearing.
• Stress reduction. Facing a threat to your professional license is incredibly stressful. Having a lawyer handle your case reduces stress and burden, allowing you to focus on your job and personal life. They take care of all the legal details, from paperwork to complex legal arguments.
• Preventing career damage. Ultimately, hiring a lawyer is mainly to protect your career. A successful defense can mean the difference between continuing in your profession and having to find a new path. A lawyer ensures you have the best possible defense, aiming to prevent irreparable damage to your professional life.

Contact Our Gilbert Professional License Defense Lawyer for a Free Case Consultation

When your license is on the line, you need professional legal guidance. A license suspension or revocation can change your life. At Genesis DUI & Criminal Defense Lawyers, we fight for licensed professionals. We are familiar with this legal process and can defend your professional reputation.

Contact us today for a free initial consultation.

Genesis DUI & Criminal Defense Lawyers - Gilbert, AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295 (480) 757-8900

If you're on probation, you must adhere closely to the conditions of your probation. Otherwise, you could end up facing a much stiffer punishment. At Genesis DUI & Criminal Defense Lawyers, we understand the severe nature of violating probation. Probation officers can revoke probation if you break the rules. If you want to protect your freedom, we can help you.

Probation and parole violations must be taken seriously. Our Phoenix probation violation attorney specializes in these types of probation violation cases. Learn more about what a probation violation charge entails. Then, contact our criminal defense attorney to schedule a free consultation.

Probation Violation Attorney in Gilbert, AZ

It is important for anyone serving probation because of a past criminal offense in Gilbert to understand the most common types of probation violations. Since probation is undoubtedly a much better alternative than serving time in jail, you need to do anything it takes to avoid violating it.

Many of the most common Gilbert probation violations are easy to commit. It is important when you are under probation to understand what you are required to do. As Arizona criminal justice attorneys, we at Genesis DUI & Criminal Defense Lawyers can help answer your question.

Common Types of Probation Violations in Gilbert

Anytime you leave the jurisdiction, you must clear it with your Gilbert probation officer and get the appropriate approval. It's important to keep this in mind and make sure that you know where the jurisdiction you're in ends. Ensuring you return to the jurisdiction on time is equally important when you get approval to leave the jurisdiction

Committing a crime on probation is also a probation violation, as is contacting someone who's issued an order of protection against you. Ensure you do your due diligence by reporting to your probation officer and attending court-ordered programs such as NA or anger management. Failing to pass a drug test or pay any restitution ordered by the court will also count as a violation of your probation.

You must be careful to stay on top of everything you need to do while on probation. Courts will look for any reason to determine that you have violated your probation.

What Happens When You Violate Your Probation

When you violate your probation, you risk having your probation revoked or having your original sentence invoked. You may face immediate jail time. Having an experienced criminal lawyer in Arizona when you've violated your probation can make a huge difference. An experienced Gilbert Criminal Defense Lawyer at Genesis DUI & Criminal Defense Lawyers can frame your case in a more favorable light and work to minimize the damage from a probation violation.

What You Should Do If You Have Been Accused of Violating Probation

If you've been accused of violating probation, here are some of the steps you should take:

• Contact Your Probation Officer Immediately. Inform your probation officer as soon as possible. Clear and timely communication may help mitigate the situation.
• Consult a Lawyer. Seek legal advice from an attorney who specializes in probation violations. They can guide you on the best actions to take and represent you in court if necessary.
• Gather Documentation. Collect any documents or evidence that support your case or explain your situation. This might include work records, medical reports, or correspondence.
• Avoid Further Violations. Make sure not to commit any more violations. Staying compliant with all probation terms is crucial while your case is being resolved.
• Prepare for a Hearing. Work with your lawyer to prepare for the probation hearing. Understanding the process and what to expect can help reduce anxiety and improve your readiness.
• Follow Legal Advice. Adhere strictly to the guidance provided by your attorney. Their expertise is your best resource for navigating the probation system.
• Stay Positive and Cooperative. Maintain a positive attitude and cooperate fully with all legal and probation requirements. Showing that you are proactive and responsible can influence the outcome positively.

How We Can Protect Your Probation

Here are some of the steps you can take to protect your probation:

• Legal Representation at Hearings. We provide experienced legal representation at any hearings related to your probation violation. Our attorneys can argue on your behalf, presenting evidence and testimonies that support your case. We aim to minimize the consequences of the alleged violation.
• Negotiating with Probation Officers. Our team can negotiate directly with probation officers to explain your circumstances or negotiate alternative penalties. Effective negotiation can often result in a resolution that avoids harsher legal consequences. This approach can sometimes lead to probation being reinstated under the original terms or modified conditions.
• Strategic Legal Advice. We offer strategic advice tailored to your specific situation. We'll assess the details of your alleged violation and advise you on the best course of action, including compliance strategies or corrective actions. Our goal is to help you maintain your probation status and avoid incarceration.
• Monitoring Compliance. We can help monitor your compliance with probation terms to prevent future violations. This includes setting up systems or reminders for court dates, mandatory meetings, or payment of fines. Keeping track of these obligations can be crucial for avoiding further issues.
• Appeals and Modifications. We can file appeals or seek modifications to your probation terms if necessary. This could involve requesting adjustments due to changes in your life circumstances, such as employment needs or health issues. We understand the legal grounds for such changes and can make a compelling case on your behalf.

Tips for Preventing a Probation Violation

Below are some of our tips on how you can prevent a probation violation:

• Know Your Probation Terms. Make sure you fully understand all the terms and conditions of your probation. Being unaware of certain conditions can lead to accidental violations.
• Communicate Regularly with Your Probation Officer. Keep in regular contact with your probation officer and notify them immediately of any changes in your address, employment, or status. Good communication is key to maintaining a positive relationship.
• Attend All Scheduled Meetings. Never miss a meeting with your probation officer or a court appearance. These are mandatory, and missing them can be considered a probation violation.
• Avoid Bad Influences. Stay away from people or places that could lead you to engage in illegal activities. Surround yourself with a supportive network that encourages positive behavior.
• Follow All Court Orders. Comply with any court orders, including community service, therapy sessions, or education programs. Completing these successfully shows your commitment to rehabilitation.
• Document Everything. Keep records of your compliance, such as receipts for fines paid or logs of community service hours. These documents can be crucial if you have questions about your adherence to probation terms.
• Seek Help if Needed. If you're struggling with aspects of your probation, such as substance abuse, seek help immediately. Utilizing resources like counseling or support groups can prevent violations.

The Advantages of Having a Lawyer Handle Your Probation Violation Case

Below are some of the advantages of hiring a lawyer to handle your case:

• Expert Knowledge of the Law. A lawyer specializing in probation violations has expert knowledge of the relevant laws and procedures. They can use this knowledge to protect your rights and argue effectively.
• Ability to Challenge Allegations. An experienced lawyer can challenge the allegations against you. They can question the evidence presented and argue for the unreliability or inaccuracy of accusations.
• Negotiation Skills. Lawyers have negotiation skills that can be vital in discussions with probation officers and judges. They can negotiate for reduced penalties or alternative solutions that may not be as readily available without legal representation.
• Prevent Severe Consequences. Having a lawyer increases the likelihood of favorable outcomes, such as reinstating probation or avoiding jail time. They work to minimize the impact of the violation on your life.
• Peace of Mind. Having a lawyer handle your case provides peace of mind. Knowing that an experienced professional is managing your defense allows you to focus on other aspects of your life without the added stress of legal complexities.

Contact Our Gilbert Probation Violation Lawyer for a Free Consultation

The Arizona probation violation process can be confusing. At Genesis DUI & Criminal Defense Lawyers, we can handle every aspect of your defense. We can negotiate with the prosecutor and even defend you at your probation violation hearing. Our law office can defend your rights and fight against a probation revocation. Contact us today to schedule a free consultation with our criminal defense attorneys.

Genesis DUI & Criminal Defense Lawyers - Gilbert, AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295 (480) 757-8900

Drug Crimes Attorney in Gilbert AZ

Drug Offenses are among the most frequent types of cases we see as top Gilbert Criminal Defense Lawyers at Genesis DUI & Criminal Defense Lawyers. Many factors go into obtaining a successful outcome for your case; the type of drugs, the number of drugs, where and how the drugs were found, whether the drugs were for personal use or for sale, and even whether or not the State of Arizona can actually prove there are drugs at all.

 Some of the most common crimes we see involving narcotics and other drugs are:

1. Medical Marijuana
2. Drug possession
3. Drug possession for sale
4. Drug trafficking
5. Drug transportation
6. Attempted solicitation to possess drugs
7. Attempted solicitation to sell drugs
8. Drug paraphernalia
9. Drug smuggling

Drug charges in Gilbert require many different approaches and are broad in outcomes. If you have no criminal history and are found with drug paraphernalia and/or a small amount of drugs, you may be able to receive probation or even diversion, which results in no criminal conviction on your record. Your case may even be dismissed. That is not always the case, as every matter is unique.  Together we will develop a "client goal" based on your particular situation and work diligently to achieve that goal. We will work hard to make sure your rights are protected. Contact Us today so we can review your case and get to work on creating your client goal.

Whatever your particular situation involves, and no matter how big or how small your case may seem, we know the importance of your matter and will strive to achieve the best possible outcome.

Schedule a legal consultation with our Gilbert lawyers today!

Genesis DUI & Criminal Defense Lawyers - Gilbert AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295
(480) 757-8900

Have you been involved in a car accident? We can provide the defense you need at Genesis DUI & Criminal Defense Lawyers. Drivers must remain at the accident scene until dismissed by the authorities. When they do not, they can be charged with a hit-and-run.

Hit-and-run car accidents are confusing, and these charges are always serious. That is why you need a Gilbert car accident attorney in your corner. Our Gilbert car accident attorneys can defend you in criminal court as well as civil court. You could also face a personal injury claim if someone has suffered serious injuries. Learn more about hit and runs below. Then, contact us for a case consultation.

Hit and Run Attorney in Gilbert, AZ

You must fulfill a few obligations when you are involved in an automobile accident in Gilbert. You must give your name, address, and registration to the other party involved in the accident. You must also show them your driver's license, provide first aid, and get help when necessary. Failure to do so before you leave the accident scene is considered a hit-and-run.

If you leave the scene of an accident, you can be charged with a class 3 misdemeanor, resulting in $500 in fines and up to 30 days in jail. For more serious accidents that involve serious injury and death, you can be charged with a felony for leaving the scene. Leaving the scene can also result in license suspension. If the accident occurred while you were under the influence of drugs or alcohol, you may have to complete court-ordered drug and alcohol counseling to get your license reinstated.

Any type of hit and run is taken seriously, particularly when the other party is injured. When you've been charged with a hit and run, it is crucial to have legal representation from an experienced Gilbert Criminal Defense Lawyer on your side who can help reduce your charges. A good lawyer will know what it takes to find any evidence to be used in your favor. Contact Genesis DUI & Criminal Defense Lawyers to learn how we can help you.

What Defines a Hit and Run?

A hit-and-run accident occurs when one driver damages another vehicle, person, or property and then leaves the scene without stopping to provide contact information or aid. This is illegal and can result in serious penalties, including fines and imprisonment. The law requires all drivers involved in an a hit and run accident to stop and exchange information. Victims of hit-and-run accidents often feel confused and vulnerable because they are left to deal with the aftermath alone.

In many cases, a hit and run may involve a driver without insurance or fear legal consequences for their actions. This makes it difficult for the victims to receive compensation for damages or injuries. Victims can feel a range of emotions, from anger to helplessness. Hit-and-run victims need to know that there are legal options available to help them recover damages.

The Dangers of Being Charged With a Hit and Run

Being charged with a hit and run can lead to severe legal consequences, reflecting the seriousness of leaving the scene of an accident. If convicted, individuals face penalties, including hefty fines, points on their driving record, and even imprisonment, depending on the severity of the incident. Such charges negatively affect one's driving record and overall criminal record, which can have long-term repercussions on future employment and other aspects of life. The stigma associated with a hit-and-run conviction can permanently tarnish a person's reputation, making community relations and personal interactions challenging.

Moreover, the financial implications of a hit-and-run charge can be substantial. Defendants may be held liable for not only the direct damages stemming from the accident but also for punitive damages intended to punish the driver for fleeing the scene. Insurance premiums can skyrocket as a result, or the insurance company might even drop coverage altogether. On top of legal fees and potential civil lawsuits, those accused of a hit-and-run find themselves facing a complex legal battle that requires experienced legal counsel to navigate effectively.

What You Should Do If Charged With a Hit and Run

• Stay Calm and Don't Panic: It's important to remain calm if you're charged with a hit and run. Panicking can lead to poor decisions that might worsen your situation.
• Contact a Lawyer Immediately: Contact a lawyer with experience with hit-and-run cases as soon as possible. They can provide crucial advice and start working on your defense.
• Do Not Discuss the Incident: Avoid talking about the incident with anyone but your lawyer. Discussing details could unintentionally harm your case if your words are used against you.
• Gather Any Evidence: Collect any evidence that might help your case, such as photos from the scene or contact information for witnesses. This information will be valuable to your lawyer.
• Write Down Everything You Remember: Write down everything you remember about the accident as soon as you can. Details can fade quickly, so it's important to record them while they're fresh.
• Follow Legal Advice Closely: Always follow the advice given by your lawyer. They know the best steps to take to protect you.
• Prepare for the Legal Process: Be prepared for a potentially lengthy legal process. Stay informed and involved in your defense strategy.

How We Defend Clients Against a Hit and Run

• Analyzing the Evidence: We start by thoroughly analyzing all the evidence presented. We look for inconsistencies or anything that might suggest you were not at fault or that the situation was unavoidable.
• Working with Experts: We often work with accident reconstruction experts to better understand the dynamics of the accident. These experts can provide testimony that may challenge the prosecution's claims.
• Negotiating with Prosecutors: Our experienced attorneys negotiate with prosecutors to find possible reductions in charges or penalties. We aim to achieve the best possible outcome for you through strategic discussions.
• Building a Strong Defense Strategy: We build a robust defense strategy tailored to the specifics of your case. If necessary, we prepare to challenge the charges in court, ensuring we are ready for trial.
• Supporting Our Clients: We provide continuous support and updates to our clients throughout the legal process. We understand the stress and uncertainty a hit-and-run charge brings and strive to make the process as clear and smooth as possible.

Can You Get My Case Dismissed?

Getting a hit-and-run case dismissed is challenging, but it's not impossible. Our approach involves carefully reviewing the evidence and identifying any legal flaws or procedural errors that could work in your favor. We focus on building a strong defense that challenges the prosecution's case against you. Ultimately, the possibility of dismissal depends on the circumstances of your case and the strength of the evidence.

Is a Plea Bargain Right for Me?

A plea bargain might be a good choice if the evidence against you is strong and a conviction seems likely. It can result in reduced charges or lesser penalties, which might be preferable to the risks of going to trial. However, accepting a plea bargain also means you'll be waiving your right to a trial, where you could potentially be found not guilty. We will help evaluate all aspects of your case to determine if a plea bargain is the best course of action for you.

Contact Our Gilbert Hit and Run Lawyer To Schedule a Free Consultation

Criminal charges and personal injury claims after a hit and run are complicated. We are here to defend your rights at Genesis DUI and Criminal Defense Lawyers. Accident victims, insurance adjusters, and other plaintiffs can pursue fair compensation for medical expenses in addition to criminal charges. You deserve a robust defense, and we can provide that. Contact us to schedule a free consultation with a member of our team.

Schedule a legal consultation with our Gilbert lawyers today!

Criminal Speeding Attorney in Gilbert

While most of us probably think of a speeding ticket as nothing more than a slap on the wrist, a criminal speeding ticket can be a lot worse than you may think. In Gilbert Arizona, a criminal speeding ticket can be issued for anyone going 20 miles per hour or more over the speed limit. A criminal ticket can also be issued when you are traveling faster than 85 miles per hour, regardless of the speed limit. Since excessive speeding can be a misdemeanor crime, speeding laws in Gilbert Arizona should be taken very seriously.

The majority of speeding tickets in Gilbert are civil violations and carry less severe consequences. Criminal speeding tickets can be issued in a number of cases including:

• When your speed exceeds 85 miles per hour
• When your speed exceeds 45 miles per hour in a residential area where no speed limit is posted
• When your speed exceeds 35 miles per hour in a school zone.

When you're pulled over for excessive speeding, you could be facing criminal speeding charges. It can affect your ability to drive and if it's not your first time getting a criminal speeding ticket, you could face even more severe penalties.

A criminal speeding charge in Arizona can bring 30 days of jail time and includes up to $500 in fines. Additionally, if you are arrested at the traffic stop, you will have to pay to get your car back. A criminal speeding offense is 3 counts on your license. If you exceed 13 points in a year, your license can be suspended. Aside from the penalties, a criminal speeding charge can also affect your insurance premiums and continue costing you money years down the road.

When faced with a criminal speeding charge, a Gilbert defense attorney with experience in traffic law at your side can mean the difference between being charged and serving jail time, or simply being ordered to attend traffic school. The Lawyers at Genesis DUI & Criminal Defense Lawyers in Gilbert, Arizona are ready to fight for you and help protect your driving rights.

Schedule a legal consultation with our Gilbert Criminal Defense Lawyers today!

Genesis DUI & Criminal Defense Lawyers - Gilbert AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295
(480) 757-8900

Are you facing disorderly conduct charges? This area of criminal law can be confusing, but a conviction can significantly disrupt your life. Gilbert's disorderly conduct should not be taken lightly. All criminal charges are serious.

Many in Gilbert, Arizona, refer to this as disturbing the peace. Due to the broadness of the law (or statute), police can abuse the disorderly conduct charge daily and use it in just about any circumstance. Our Gilbert disorderly conduct lawyers at Genesis DUI & Criminal Defense Lawyers often find that the Gilbert police department will include a disorderly conduct charge in just about any other criminal charge. Learn more about these charges below. Then, contact us for a free consultation.

Let Our Gilbert Disorderly Conduct Lawyer Fight for You

If law enforcement officers charge you with disorderly conduct, you need our law firm to help immediately. Sometimes, these charges come in conjunction with other criminal charges. In other cases, they might be charged alone. Regardless, the penalties are stiff, and you must form the strongest possible defense. Our law office has the experience you need. We can formulate a robust disorderly conduct defense.

Why Could You Be Charged With Disorderly Conduct?

The law or the statute ARS 13-2904 prohibits the following types of conduct. As you can see, many of the behaviors below are broad and have been used to unnecessarily arrest Gilbert, Arizona residents:

1. Engage in a fight, act of violence, or seriously disruptive behavior.
2. Make unreasonable noise.
3. Use abusive or offensive language or gestures likely to provoke immediate physical retaliation.
4. Make protracted commotion, utterance, or display with the intent to prevent the transaction of the business of a lawful meeting or procession.
5. Refuse to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard, or any other emergency.
6. Recklessly handle, display, or discharge a deadly weapon or dangerous instrument.

What Are the Penalties for Disorderly Conduct in Gilbert?

Disorderly conduct charges in Gilbert, Arizona, can result in severe consequences, affecting your personal and professional life. Understanding the potential penalties for these charges is crucial to preparing a proper defense.

Below is an overview of the penalties associated with disorderly conduct in Gilbert:

• Felony Disorderly Conduct: When charged with disorderly conduct involving a deadly weapon or dangerous instrument, it's a class 6 felony with a maximum of 2 years of imprisonment. (see ARS 13-702)
• Misdemeanor Disorderly Conduct: Unless the charge involves a deadly weapon or dangerous instrument or aggravated, disorderly conduct is a class 1 misdemeanor. A class 1 misdemeanor carries $3600 in fines and surcharges, up to 6 months in jail, and a maximum of 3 years of probation. Should you be convicted of domestic violence disorderly conduct, you will most likely lose the right to own or possess firearms. You must complete at least 26 weeks of the State's mandated domestic violence program.

Do Not Leave Anything To Chance

As Criminal Defense Lawyers in Gilbert, AZ, we know that felony convictions include more severe punishments, including prison, higher fines, and harsher probation. Someone charged with disorderly conduct could face up to two years in prison if the felony disorderly conduct is charged as a dangerous offense. However, often, felony disorderly conduct is charged with an allegation of dangerousness because a deadly or dangerous instrument was used.

Expected Sentences

When convicted of a felony disorderly conduct, probation is not offered. Should it be your first offense of dangerous disorderly conduct, you possibly will face between 1.5 and 3 years in prison. However, if you have a record of felony convictions, you could face as much as six years in prison. Once convicted of a felony in Gilbert, you will face a loss of civil rights and gun rights. We have seen felony convictions severely impact employment, finances, civil rights, and future opportunities. Because of the consequences of such a broad law, you need to be aggressive in choosing the right disorderly conduct attorney in Gilbert when you are arrested and charged with disorderly conduct.

Defense Strategies We Might Use

The person charged didn't have the right state of mind.

To be charged, you must have intended to disturb the peace or known that your conduct was disturbing the peace. If it was simply a reasonable mistake or accident, it's not a criminal charge. If you have been charged with disorderly conduct for disturbing the peace of a neighborhood, your conduct may be measured against an objective standard, and the state doesn't need to prove a particular person was disturbed. It's enough if Defendant, at least, should have known that the conduct would have disturbed the peace of anyone in the neighborhood.

If, instead, you are charged with disorderly conduct for disturbing the peace of someone, in particular, the state MUST prove that you knowingly disturbed that victim's peace or that you intended to disturb that his or her peace. The statute defining disorderly conduct doesn't require that one disturb the peace of another through certain acts. Rather, the statute requires the commission of certain acts intending to disturb the peace or with knowledge of so doing.

There was no criminal act.

The Arizona law clearly states that the disorderly conduct statute is not unconstitutionally broad or ambiguous; however, the statute's broad language can often help you or someone charged with a disorderly conduct crime. This is because a criminal defense lawyer can point out the shortcomings of the alleged conduct as compared to previous Gilbert, Arizona court decisions interpreting the disorderly conduct statute. There's a difference between merely rude or offensive behavior and criminal conduct.

The state of Arizona criminalizes behavior under the disorderly conduct statute only when it involves fighting, violence, or seriously disruptive behavior. Seriously disruptive behavior is of the same general nature as fighting or violence or conduct liable to provoke that response in others. The disruption must be serious—something that causes considerable distress, anxiety, or inconvenience.

1st Amendment, Free Speech

The right to free speech is protected by the First and Fourteenth Amendments to the United States Constitution. The right to free speech, however, is not absolute. The Constitution doesn't allow fighting words. Fighting words that inflict injury or tend to incite an immediate breach of the peace are not afforded constitutional protection. Fighting words are those words that are inherently likely to provoke a violent reaction when addressed to the ordinary citizen. Offensive language is not disorderly conduct unless it amounts to fighting words.

The Top Benefits of Partnering With Our Team

Our lawyers can provide the following benefits when representing you against disorderly conduct charge:

• Transparent Flat Fees and Payment Plans: We know that one's stress, once charged with disorderly conduct, can be severe. We want to be as transparent as possible and keep the cost of your defense upfront with no hidden fees or costs.
• Attention and Excellent Communication: We use a team approach, and we have seen this have the best results for our clients. Many prosecutors and judges have a predisposition to certain lawyers. In our experience, we have seen the outcome of a case be drastically different solely because of the personality of the defense attorney and his or her relationship with a judge or prosecutor.
• Disorderly Conduct Case Evaluations: We would love the opportunity to represent you with your disorderly conduct charge. However, we know that every case is unique, as well as the circumstances surrounding it. We don't take all cases. Call us to schedule a time for one of our defense attorneys to review your case.

Contact Our Gilbert Disorderly Conduct Lawyer To Schedule a Free Consultation

Being charged with disorderly conduct is serious. You must have the strongest possible defense. At Genesis DUI & Criminal Defense Lawyers, we put your needs first. We will explore every possible defense available and customize it to match your case. Schedule a legal consultation with our Gilbert disorderly conduct lawyers today to discuss your Gilbert disorderly conduct charges.

Gilbert sex crimes are prosecuted vigorously. If you have been accused of child sexual abuse, sex offenses or sexual exploitation, you need a criminal defense lawyer in your corner.

At Genesis DUI & Criminal Defense Lawyers, a criminal defense attorney from our team knows how to defend against the sexual exploitation and child molestation charges. A conviction for child sexual assault could change your life forever. We know how to scrutinize the testimony of the alleged victim and protect your rights.

A child sexual abuse or sex crime conviction could change your life forever. You need the strongest possible defense. Learn more about child abuse and sex offenses below. Then, contact us to schedule a free case consultation.

Our Gilbert Child Molestation Lawyer Defends Your Rights

Per Arizona law, child sexual abuse or molestation occurs when a person intentionally or knowingly engages in or causes a person to engage in, sexual contact with a child under the age of 15.

Any direct or indirect touching, fondling, or manipulating of any part of the genitals or anus constitutes sexual contact under the law.

Contact involving sexual intercourse or oral sex with a minor is considered to be dangerous crime or "sexual conduct" under Arizona law and is dealt with separately. Inevitably, harsher penalties are associated with sexual conduct offenses, as these are among the most dangerous crimes.

DNA TESTING

Anyone charged with child molestation or sexual assault must submit a DNA test to the police within five days of bail/release. The sample may be used for police identification purposes, and the results may be presented as evidence in court.

The DNA sample may be expunged or erased if charges against sex offender are not filed within a particular time, if charges are dismissed, or if there is an acquittal at trial.

PENALTIES for ARS 13-1410

Child molestation is a class 2 felony in Arizona. Even more telling, the State considers the offense a "dangerous crime against children" (DCAC). This means even reduced charges have stiffer penalties.

• A first-time offender will face no less than ten years in prison, with the maximum sentence set at 24 years. A repeat offender will face at least 21 years in prison and at most 35 years.
• For multiple offenses, sentences must be completed consecutively—for example, two counts of child molestation would mean a minimum of 20 years in prison. The charge's classification as DCAC means 100% of prison time must be served. There is no early release.
• Fines of up to $150,000 may be imposed.
• Parental rights may be taken away (following a civil action).
• Registration as a sex offender is required for life.

Minors may be prosecuted for child molestation as well and, if convicted, face jail time and serious consequences.

Arizona law allows kids as young as 14 to be prosecuted in adult criminal courts, so if you or someone you know is being investigated, you will want the best Gilbert Criminal Defense Lawyer.

What Should You Do If You Have Been Accused of Child Molestation?

1. Stay calm and do not resist arrest. If you are arrested, it is important to remain calm and cooperate with law enforcement officials. Resisting arrest can lead to additional charges and complicate your case.
2. Do not discuss your case with anyone but your lawyer. Avoid talking about your case with anyone except your attorney. Anything you say can be used against you in court, so it's best to stay silent until you have legal representation.
3. Contact a criminal defense lawyer immediately. As soon as possible, get in touch with a criminal defense lawyer who specializes in sex crimes. They will guide you through the legal process and protect your rights.
4. Follow all court orders and bail conditions. Make sure to comply with any court orders or conditions of your bail. Failing to follow these can worsen your situation and negatively impact the outcome of your case.
5. Gather evidence and witnesses. Work with your lawyer to compile any evidence that may support your innocence. This can include messages, emails, or testimony from witnesses who can corroborate your side of the story.
6. Avoid contact with the accuser. Maintain no contact with the accuser. Any interaction could be misconstrued and potentially harm your defense.
7. Prepare for the legal process. Understand that the legal process can be lengthy and emotionally draining. Stay prepared and work closely with your lawyer to build a strong defense.

Legal Defenses for Sexual Conduct with a Minor

As in any criminal case in Arizona, different defenses may exist depending on the facts. Sexual motivation must exist in a criminal offense to justify a conviction, and a defense is to argue that sexual motivation did not exist.

Lack of knowledge of the criminal record or the individual's age may also serve as a defense. Various defenses may be asserted, from forensic flaws to Miranda rights violations.

Claiming the minor child consented to the act is not a defense. Children under the age of 15 cannot legally consent to any sexual activity.

The harsh penalties associated with child molestation crimes underscore the importance of consulting an attorney early when facing such a charge. If a loved one has been suspected or charged, please call our law firm to speak to one of our child mol

estation defense attorneys in Gilbert, AZ, right away.

Schedule a legal consultation with our Gilbert lawyers today!

Why Should You Hire a Criminal Defense Lawyer Who Specializes in Sex Crimes?

• Expertise in specific laws. Lawyers specializing in sex crimes have detailed knowledge of the laws and legal precedents relevant to these charges.They are better equipped to navigate the complexities of such cases compared to general criminal defense lawyers. This expertise can substantially influence the outcome of your case.
• Experience with sensitive matters. Handling a sex crime accusation requires not only legal skill but also sensitivity and understanding.A specialized lawyer knows how to manage the delicate nature of these cases, ensuring that your rights are respected and your case is handled with the necessary discretion.
• Stronger defense strategies. An experienced sex crimes defense lawyer will have developed effective defense strategies through years of handling similar cases. They know what works and what doesn't in court, which can be pivotal in defending against these serious allegations.
• Guidance through complex procedures. The legal procedures for sex crimes can be particularly complex and challenging to navigate. A specialized lawyer will guide you through each step, from investigations to trials, helping you make informed decisions.
• Support system. Facing a sex crime accusation can be extremely stressful and isolating. A dedicated lawyer defends you legally and provides emotional support, helping you cope with the pressure and anxiety of these charges.

FAQs

What should I do first if I'm accused of a sex crime?

If you are accused of a sex crime, first, you should avoid making statements to the police or others about the allegations or accusations. Contact a criminal defense lawyer who specializes in sex crimes immediately to protect your rights and start building your defense.

How long could a sex crime case last?

A sex crime case's length varies widely depending on its complexity and the legal processes involved. A conclusion can take several months, over a year,, or sometimes up to four years.

Is it possible to settle a sex crime case out of court?

It is possible to settle a sex crime case out of court. Some sex crime cases are settled out of court through plea agreements. However, the specifics depend on the severity of the sex offense, the charges, and the evidence against the accused. Your lawyer can negotiate these terms on your behalf.

What are the consequences of being convicted of a sex crime?

The consequences of being convicted of a sex crime can lead to severe consequences, including long-term imprisonment, mandatory registration as a sex offender, and serious personal and professional repercussions.

Can I be charged with a sex crime even if there was no physical contact?

You can still be charged with certain sex crimes, even without physical contact with the alleged victim. Charges such as solicitation, possession of child pornography, or online enticement do not require physical contact but are still taken very seriously.

Contact Our Gilbert Child Molestation Lawyer To Schedule a Free Case Consultation

At Genesis DUI & Criminal Defense Lawyers, we know that a child sex offense conviction on felony charges could lead to a lengthy prison sentence. You could also have to register as a sex offender for the rest of your life.

Because the consequences are so severe, you deserve the strongest possible full defense counsel. That is where we can help you. We are prepared to listen to your case without judgment or reservation. Contact us today to schedule a free case consultation.

Genesis DUI & Criminal Defense Lawyers - Gilbert, AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295 (480) 757-8900

Facing an aggravated assault charge in Gilbert, AZ, is a serious and stressful situation. Such a charge not only threatens your freedom but also carries the potential to change your life forever, casting long shadows over your prospects. It's a moment when the support of a skilled Gilbert aggravated assault lawyer becomes invaluable, offering you the legal expertise and defense you need. At Genesis DUI & Criminal Defense Lawyers, we fight for the best possible outcome for your case.

When you face accusations of felony assault, you need the top criminal defense attorneys in the area. These criminal charges could lead to a lengthy prison sentence, particularly if the assault involved a deadly weapon. Contact us today to schedule a consultation with our criminal defense attorney.

Understanding Aggravated Assault Charges With a Gilbert Aggravated Assault Lawyer: What It Means

Aggravated assault in Gilbert, AZ, encompasses a range of actions considered more severe than simple assault due to certain aggravating factors. These can include causing serious physical injury, using a deadly weapon, or assaulting a police officer, among others. Understanding what constitutes aggravated assault under Arizona law is the first step in developing an effective defense.

Definition and Legal Criteria

Several criteria, including the infliction of severe physical injury, the use of a deadly weapon, and assaults against certain protected classes of individuals, such as police officers, define aggravated assault in Arizona. The law distinguishes aggravated assault from misdemeanor assault by the severity of the injury caused or the circumstances under which the assault occurred.

The specifics of what constitutes "serious physical injury" or the use of a "deadly weapon" can significantly affect the charges and potential penalties. Our Gilbert aggravated assault lawyers are adept at dissecting these legal definitions, providing clarity and direction in your defense.

Potential Penalties and Consequences

The consequences for an aggravated assault conviction in Gilbert can be severe, including substantial prison sentences, significant monetary penalties, and a permanent stain on your criminal record. The exact penalties vary based on the assault's circumstances, such as the victim's identity and the severity of any injuries caused.

A conviction could also result in long-term consequences beyond the legal penalties, affecting employment opportunities, housing options, and personal relationships. It's a scenario that underscores the importance of having an experienced aggravated assault lawyer by your side.

How Genesis DUI & Criminal Defense Lawyers Can Help

Our law office offers comprehensive support and legal representation for those facing aggravated assault charges in Gilbert.

Navigating Your Defense Strategy

Developing a defense strategy against aggravated assault charges requires a detailed examination of the evidence, the circumstances of the alleged assault, and the legal definitions under Arizona law. We work closely with you to understand the specifics of your case, identifying weaknesses in the prosecution's arguments and any mitigating factors that could influence your case's outcome.

Our approach includes:

• Challenging the prosecution's narrative.
• Offering alternative explanations for the events.
• Disputing the legal basis for the charges.

We're committed to exploring every avenue to protect your rights and achieve a favorable resolution.

Expert Negotiation for Charge Reduction or Dismissal

In some cases, the best outcome may be achieved through negotiation rather than trial. Our experienced attorneys are skilled in negotiating with prosecutors, seeking to reduce the charges against you or, when possible, secure a dismissal.

These negotiations consider the strength of the evidence, potential defenses, and any mitigating circumstances that could influence the prosecutor's willingness to negotiate. Our goal is always to secure the best possible outcome for you, minimizing the impact of the charges on your life.

Defense at Trial

If your case goes to trial, you can count on Genesis DUI & Criminal Defense Lawyers to provide vigorous and effective representation in court. We prepare meticulously, from selecting a sympathetic jury to presenting a compelling narrative that supports your defense.

Our attorneys are experienced litigators, adept at cross-examining witnesses, challenging evidence, and arguing legal points before the judge and jury. We're dedicated to defending your innocence and securing an acquittal or the best possible verdict.

The Importance of Immediate Legal Representation

Immediate legal representation is crucial when facing aggravated assault charges. The earlier an experienced attorney becomes involved, the more opportunities there are to influence the outcome of your case. Early intervention can lead to the identification of critical evidence, witness statements, and other factors that could be pivotal in your defense.

Having a Gilbert aggravated assault lawyer by your side from the outset ensures that your rights are protected throughout the legal process. It also allows for developing a coherent and effective defense approach tailored to the specifics of your case and the evidence against you.

Common Defenses Against Aggravated Assault Charges

Several defense strategies can be effective in fighting aggravated assault charges. The best approach depends on the details of your case, including the evidence available and the circumstances of the alleged assault.

Self-Defense and Defense of Others

Claiming self-defense or defense of others is a common and often effective strategy in aggravated assault cases. This defense argues that your actions were a necessary response to an immediate threat of harm to yourself or someone else.

To successfully argue self-defense, it must be shown that your perception of the threat was reasonable and that the force used was proportional to the threat faced. Our attorneys are skilled at presenting evidence and arguments that support a self-defense claim, challenging the prosecution's narrative of events.

Lack of Intent and Mistaken Identity

Another defense against aggravated assault charges is disputing the intent behind the actions. Aggravated assault requires a certain level of intent to harm, which may not always be present. Demonstrating a lack of intent can significantly weaken the prosecution's case.

Mistaken identity is also a viable defense, especially in cases where the identification of the assailant is in question. Our legal team investigates the circumstances of the identification process, looking for inconsistencies or flaws that could suggest you were wrongly identified as the perpetrator.

The Role of Evidence in Aggravated Assault Cases

Evidence plays a crucial role in aggravated assault cases for the prosecution and defense. Properly handling and interpreting this evidence is key to building a strong defense.

Gathering and Analyzing Critical Evidence

Our attorneys are experienced in gathering and analyzing the evidence crucial to your defense. This can include witness statements, surveillance footage, medical records, and other forms of physical evidence. We work diligently to uncover any evidence that supports your version of events or undermines the prosecution's case.

We can identify inconsistencies or gaps in the prosecution's narrative by carefully examining the evidence. This analysis forms the foundation of your defense, guiding our strategy and arguments in court.

Challenging the Prosecution's Evidence

Challenging the prosecution's evidence is a central element of your defense. This can involve questioning the reliability of witness statements, disputing the interpretation of physical evidence, or challenging the admissibility of certain pieces of evidence.

Our attorneys are skilled at recognizing weaknesses in the prosecution's case and exploiting these weaknesses to your advantage. By casting doubt on the evidence against you, our goal is to secure a more favorable outcome, whether through dismissal, charge reduction, or acquittal.

Understanding the Court Process for Aggravated Assault Cases

The court process for aggravated assault cases in Gilbert follows a specific sequence, from the initial arrest to the final resolution. The general steps include:

1. Arrest: The process begins with your arrest by the Gilbert Police Department based on probable cause that an aggravated assault occurred.
2. Initial Appearance: You'll have an initial court appearance soon after your arrest. This is where the charges against you are formally laid out, and bail may be set.
3. Preliminary Hearing: A preliminary hearing might take place to determine if there is enough evidence to proceed with the charges.
4. Arraignment: At the arraignment, you'll enter a plea to the charges—guilty, not guilty, or no contest.
5. Pre-Trial Motions: Before the trial, there may be hearings on various pre-trial motions, such as motions to suppress evidence.
6. Trial: The case goes to trial if there is no dismissal or plea bargain. We present your case to the jury and fight for the best outcome.
7. Sentencing: If convicted, the sentencing phase will determine the penalties you'll face based on the specifics of the case and any aggravating factors.

Understanding this process helps demystify what you're facing and prepares you for each step. With an experienced Gilbert aggravated assault lawyer by your side, you can navigate this process more confidently, knowing your defense is in capable hands.

Negotiating Plea Deals in Aggravated Assault Cases

Negotiating plea deals is a critical aspect of handling aggravated assault cases. A plea deal can often result in reduced charges or penalties, providing a more favorable outcome than risking a trial. Our attorneys are experienced negotiators, adept at working with prosecutors to achieve deals that are in our client's best interests.

The determination to accept a plea deal is significant and should be made with a full understanding of the consequences. We ensure you're fully informed about the terms of any proposed deal and the potential implications for your future. Our goal is to secure a resolution that minimizes the impact of the charges on your life.

The Impact of a Conviction on Your Future

An aggravated assault conviction can have far-reaching impacts on your life. These surpass the immediate legal penalties. It can affect your employment opportunities, your ability to find housing, and your social relationships. The stigma of a felony conviction is almost always challenging to overcome, impacting every aspect of your future.

Furthermore, a conviction creates a permanent criminal record, which can hinder your prospects for years to come. It's a situation that underscores the importance of aggressive legal defense from the outset. Our Gilbert aggravated assault lawyers are dedicated to protecting your rights and working to prevent these long-term consequences.

FAQs

Contact Our Gilbert Aggravated Assault Lawyer To Schedule a Free Case Consultation

If you're facing aggravated assault charges in Gilbert, AZ, don't wait to seek legal representation. Contact us today to schedule a free case consultation. Our experienced defense attorneys are ready to review your case, provide expert legal advice, and develop a defense strategy tailored to your situation.

Are you facing misdemeanor or felony assault charges? If so, you need a strong criminal defense team in your corner.

At Genesis DUI & Criminal Defense Lawyers, we have experience defending clients against numerous violent crime accusations. This includes everything from an aggravated assault charge to accusations of assault with a deadly weapon.

We know the legal process can be confusing, but an assault conviction could change your life forever. Therefore, you need the strongest possible defense.

Learn more about facing assault charges in Gilbert. Then, contact us to schedule a free consultation.

Our Gilbert Assault Lawyer Provides You With a Strong Defense

In Gilbert, assault and battery are charged under the same statutes, and charges range from misdemeanor assault to felony aggravated assault.  The Arizona Assault Statutes also include charges for endangerment and threatening.

Whether you have a misdemeanor assault charge or an aggravated assault charge, the penalties can be severe. You can be charged with misdemeanor or felony assault under a wide variety of circumstances, and charges can even be filed against you if you were merely defending yourself.

Because there are so many different ways an assault charge can arise, many different defenses must be explored. In our experience, it is best to have a criminal justice attorney begin to work your case on assault charges right away to make certain you have the best outcome at trial.

That's where the Gilbert criminal justice system and defense lawyer at Genesis DUI & Criminal Defense Lawyers, as your assault and battery lawyers, comes in.

Our Criminal Defense Attorney Is With You From Start To Finish

As your assault defense lawyers, we will help you every step of the way to ensure that you understand your assault charges and are informed of all your potential consequences.

Together, we will ultimately formulate your best defense for your legal case. Perhaps your actions were accidental, you acted in self-defense or out of fear for your safety, or you may have acted in defense of another person.

The criminal attorneys at Genesis DUI & Criminal Defense Lawyers will not only explore all possible defenses for your case, but we will also closely examine the actions of the police to ensure that your constitutional rights were protected before, during, and after your arrest.

Serious Physical Injury Is Not Required for Assault Charges

With the wide variety of assault charges in Gilbert, Arizona, starting with something as simple as the mere threat of violence to inflicting serious bodily harm on someone, the potential sentences range anywhere from a fine to a lengthy prison sentence. 

The good news is that you don't have to navigate this road alone. By hiring us as your criminal justice attorneys to represent you in your assault case, we can find the best outcome for your situation together. Give us a call today.

What Are the Different Types of Assault Charges?

In Arizona, assault charges can range from misdemeanor simple assault to felony aggravated assault. Simple assault might involve minor physical contact or even just the threat of harm, while aggravated assault includes more serious actions like using a weapon or causing serious injury.

These charges can also escalate based on the victim's identity, such as if the victim is a police officer, teacher, or healthcare provider. The circumstances and severity of the incident play a critical role in determining the specific charges.

Aggravated assault charges often involve situations where the defendant is accused of using a deadly weapon or causing serious physical injury. If the assault involved a person who had legal protection, such as a child or an elderly person, this kind of criminal charge may also be appropriate.

The legal consequences of assault charges can be severe, including hefty fines and extensive prison time. Understanding the specific type of assault charge is vital in developing an effective defense strategy.

What Types of Evidence Might the Prosecution Put Forth?

The prosecution in an assault case might present various evidence to prove their case. This can include physical evidence such as weapons, photographs of injuries, and medical records that document the extent of the injuries sustained by the victim.

They may also use witness testimonies from people present during the incident or who have relevant information about the altercation. Video footage from surveillance cameras or personal devices can also play an important role in the prosecution's case.

Furthermore, the prosecution might introduce electronic evidence such as text messages, emails, or social media posts that could suggest motive or intent. They also often rely on the victim's testimony, detailing the incident from their perspective.

Expert witnesses, such as doctors or forensic analysts, may be called to explain the nature of the injuries and how they could have been caused. All this evidence is compiled up to six months to build a strong case to demonstrate that the assault occurred as alleged.

Steps You Should Take If Accused of Assault in Gilbert

1. Do not speak to the police without an attorney. If you are accused of assault, avoid discussing the incident with the police until you have legal representation. Anything you say can be used against you in court.
2. Hire a criminal defense attorney. Contact a criminal defense attorney specializing in assault cases as soon as possible. They can help protect your rights and guide you through the legal process.
3. Preserve any evidence. If you have evidence supporting your innocence or providing context for the incident, preserve it. This could include clothing, photographs, or digital communications.
4. Identify witnesses. If there were any witnesses to the incident, get their contact information. Your attorney can interview them to see if their testimony could support your defense.
5. Follow all legal instructions and court orders. Make sure to follow any instructions or court orders related to your case. This includes attending all court dates and adhering to any restrictions placed on you.
6. Avoid contact with the victim. Do not contact the victim or anyone closely connected to the case. Any interaction can be misinterpreted and potentially worsen your situation.
7. Prepare for your defense. Work closely with your lawyer to prepare your defense. This may include discussing the events that led to the charges, any potential legal defenses, and the strategy for court.

Defense Strategies We Use To Protect Your Rights

When defending clients accused of assault, our approach is comprehensive and tailored to the specifics of each case. We thoroughly review all the evidence, work closely with our clients to understand their perspectives, and develop a strong defense strategy.

Our goal is to ensure the best possible outcome for our clients, whether that means negotiating a plea deal or fighting the charges in court. Below are some of the strategies we might employ in your defense.

Establishing an Alibi

If you were not present at the location where the assault allegedly occurred, proving your absence can be a powerful defense.

We will gather evidence such as receipts, eyewitnesses, or electronic data to support your alibi. This approach clearly shows the court that you could not have committed the alleged assault. Establishing an alibi effectively negates the criminal charges made against you.

Self-Defense

In cases where you are accused of assault following a confrontation, claiming self-defense can be a valid strategy. We will demonstrate that you only used force to protect yourself from harm. This defense requires showing that the threat was immediate and that your response was proportionate to the threat.

We meticulously document the circumstances leading up to the incident to establish the legitimacy of your self-defense claim.

Defense of Others

Similar to self-defense, defense of others is used when you intervene to protect someone else from harm. We will present evidence that your actions were necessary to prevent injury to another person.

This strategy involves demonstrating that you had reasonable grounds to believe the intervention was necessary. We aim to show that any reasonable person in the same situation would have acted similarly.

Lack of Intent

Many assault charges depend on proving that the accused intended to cause harm. We challenge these assertions by arguing that there was no intent to injure the alleged victim.

This might involve presenting evidence or witness testimony contradicting the prosecution's narrative. Proving a lack of intent can substantially weaken the prosecution's case.

Consent

In some assault cases, especially those involving mutual combat or sports, consent can be argued. We will show that the alleged victim agreed to the conduct that led to the injury, which can nullify the assault charges.

This defense is carefully examined to ensure it applies to the case's circumstances. Consent must be clear, informed, and legally valid.

FAQs

What is the difference between assault and battery?

The difference between assault and battery is that assault typically involves the threat of harm, while battery refers to the actual or imminent physical injury or contact that causes harm. In Arizona, these terms are often used interchangeably in legal contexts to refer to physical attacks.

Can charges be dropped if the victim forgives me?

While the victim's wishes are considered, the prosecutor ultimately decides whether to pursue or drop charges. A victim's forgiveness can influence the case, but it does not guarantee that charges will be dismissed.

What are the penalties for assault in Arizona?

Penalties for assault in Arizona vary widely, depending on the severity of the charges. They can range from fines and probation for misdemeanor assault to substantial prison time for an aggravated assault charge.

How can a lawyer help if I'm accused of assault?

A lawyer can help by protecting your rights, forming a strong defense strategy, negotiating plea deals, or representing you at trial. They ensure you understand all legal options and the possible outcomes.

Contact Our Gilbert Assault Lawyer To Schedule a Free Case Consultation

An assault charge is a serious accusation; you are entitled to a strong defense. At Genesis DUI & Criminal Defense Lawyers, we always put the needs of our clients first. We also believe that everyone is innocent until proven guilty. We aim to dismiss your case or put reasonable doubt in the jury's minds.

Contact us today to schedule a free case evaluation.

Genesis DUI & Criminal Defense Lawyers - Gilbert, AZ Office

4365 E Pecos Rd #138 Gilbert, AZ 85295 (480) 757-8900

Are you facing a domestic violence charge? If so, you need a domestic violence lawyer. At Genesis DUI & Criminal Defense Lawyers, we understand that all domestic violence allegations are serious. Your domestic violence case is unlike any other, and a conviction for a domestic violence offense can change your life forever.

Our experienced domestic violence attorney believes in innocent until proven guilty. Our Gilbert domestic violence attorneys lean on our nuanced understanding of local domestic violence laws to defend against all types of domestic abuse charges. Learn more about domestic violence below. Then, contact a criminal defense lawyer from our law firm to schedule a free consultation.

Our Gilbert Domestic Violence Attorney Is Ready To Defend You

The State of Arizona describes domestic violence as an act of abuse by one family member or member of a household to another. While domestic violence is often thought of as doing some sort of physical harm, the crimes are not always violent. In many cases, an individual can be charged with domestic violence simply due to a simple misunderstanding.

Domestic violence charges include a handful of abuses, including physical, sexual, economic control, emotional, and neglect. Types of crimes that fall under domestic violence include assault, battery, disorderly conduct, kidnapping, criminal trespassing, threatening, and witness intimidation.

Domestic violence cases cannot be dropped if the victim does not want to press charges. In this case, the victim is considered a witness and cannot drop the charges. This can be especially frustrating, especially if it is due to a misunderstanding. When such charges are filed, they can only be dropped by the prosecutor if approved by the judge.

The Type of Charges You Face Can Vary Significantly

Charges for domestic violence can vary greatly depending on the crime. It is best to speak to a Gilbert Criminal Defense Lawyer at Genesis DUI & Criminal Defense Lawyers to learn more about your case. For aggravated domestic violence cases, if you are convicted of a misdemeanor three times in 84 months, you can be charged with a felony. In such cases, you could serve as much as 30 months in jail. For more serious domestic violence where the victim is physically assaulted, you could serve anywhere from 5 to 15 years. A domestic violence treatment program is typically required for anyone charged with domestic violence as well.

Types of Domestic Violence

Domestic violence encompasses a range of behaviors that are used to exert power and control. This takes place within a familial or intimate relationship. It can manifest in several forms. They all have distinct characteristics and consequences that affect people on multiple levels. A few examples of domestic violence that someone might be charged with include:

Physical Abuse

Physical abuse is the most recognizable form of domestic violence, involving any act of violence that causes physical harm to the victim. This can include hitting, slapping, punching, kicking, or using weapons. Victims often require medical attention for injuries and may experience long-term health issues as a result. Physical abuse is visibly apparent and can provide clear evidence in legal proceedings against the abuser.

Emotional Abuse

Emotional abuse involves actions and words that are intended to control, intimidate, or demean the victim. This form of abuse can be just as damaging as physical violence, eroding the victim's self-esteem and mental health. Tactics include verbal assaults, threats, constant criticism, and manipulation that can isolate victims from friends and family. It is often harder to prove in court due to its non-physical nature.

Sexual Abuse

Sexual abuse in a domestic setting involves any form of non-consensual sexual activity imposed on one partner by another. This includes rape, sexual assault, or any sexual activity that is not agreed upon, often used by abusers as a tool of power and control. Victims may face serious physical and emotional consequences, including STDs, injuries, and psychological trauma. Legal charges for sexual abuse can carry severe penalties.

Financial Abuse

Financial abuse occurs when one partner exerts control over the other's access to financial resources, significantly limiting the victim's ability to be independent and maintain economic stability. This can include withholding money, restricting access to bank accounts, or sabotaging work opportunities. Financial abuse traps victims in abusive relationships, making it difficult to leave and seek help. Documentation of shared financial transactions and accounts often plays a crucial role in legal interventions.

What Should You Do if Facing Domestic Violence Charges?

Facing domestic violence charges can be an overwhelming and challenging experience. It is crucial to take immediate and thoughtful actions to protect your rights and navigate the legal system effectively. At Genesis Family Law & Divorce Lawyers, we are here to guide you through this difficult time.

Here are some essential steps to take if you are facing domestic violence charges:

• Contact an Attorney Immediately. As soon as you know the charges against you, contact a defense attorney specializing in domestic violence cases. An experienced criminal defense lawyer can guide you through the legal process and protect your rights.
• Do Not Contact the Alleged Victim. Follow any legal orders, such as a no-contact order, strictly. Any attempt to contact the alleged victim can be used against you in court and may worsen your situation.
• Gather Evidence. Collect any evidence that might support your side of the story, including text messages, emails, and witness statements. Documentation can be crucial in disproving false allegations.
• Stay Calm and Composed. Maintain your composure, especially in public and during legal proceedings. Your behavior can impact how others perceive your character and the accusations against you.
• Follow Legal Advice. Strictly adhere to the advice given by your attorney. This includes showing up to all court dates on time and preparing and meeting any bail conditions.
• Consider Counseling. If appropriate, engage in counseling or anger management courses. The court can sometimes view these efforts favorably as signs of your commitment to change.
• Prepare for Court. Work closely with your attorney to prepare your testimony and defense for court. Understanding the proceedings and what's expected of you can help reduce anxiety and improve your chances of a favorable outcome.

What Are Our Defense Strategies?

When facing allegations of domestic abuse, it is crucial to have a robust defense strategy to protect your rights and reputation. At Genesis Family Law & Divorce Lawyers, we understand the complexities involved in these cases and are committed to providing a comprehensive defense tailored to your unique situation.

Here are some potential defense strategies we may employ to advocate on your behalf:

• Alibi. If you were not present at the time the alleged abuse occurred, we can present evidence of your whereabouts. This could include witness testimonies, receipts, or video footage that confirms your alibi.
• False Accusations. We will investigate the motives behind the accusation, such as marital disputes, custody battles, or revenge. Gathering evidence to challenge the accuser's credibility can be an effective defense.
• Self-Defense. In cases where physical violence occurred, we may be able to argue that you were acting in self-defense. Demonstrating that you perceived an immediate threat from the other party can justify your actions under the law.
• Lack of Proof. We will scrutinize the evidence presented by the prosecution to find any inconsistencies or lack of proof. The charges may be reduced or dismissed if the evidence does not meet the legal standard of proof beyond a reasonable doubt.
• Consent. In cases involving allegations of sexual abuse, consent can be a defense if the activity was consensual. We will gather communications and any other relevant information that might indicate consent.

We May Push for Alternative Sentencing Options

We may negotiate for alternative sentencing options in cases where conviction seems likely. These are more rehabilitative rather than punitive. These options might include community service, probation, or attending programs. These are focused on anger management and domestic violence prevention.

Alternative sentencing can often be arranged during plea negotiations and might be favorable for first-time offenders. They are also an option when the circumstances of the case suggest a likelihood of rehabilitation. Alternative sentencing can also impact any potential child custody arrangements.

These alternatives not only help in reducing jail time but also allow the accused to work on underlying issues that might have contributed to the offense. Programs designed for domestic violence offenders focus on education about healthy relationships. They help you manage emotions and learn other skills that can prevent future violence. Successfully completing these programs can sometimes lead to a reduction in charges. Our goal is to push for a favorable legal outcome for you.

You Need a Gilbert Domestic Violence Attorney in Your Corner

If you have been charged, you need an aggressive domestic violence attorney in Gilbert, Arizona, to fight for your rights. Often, domestic violence cases are a matter of simple misunderstandings and police trying to use their best judgment when making an arrest. If you've been charged with domestic violence, you need a lawyer who understands criminal law here in Arizona and has a history of success with criminal defense cases.

Frequently Asked Questions

Contact Our Gilbert Domestic Violence Attorney for a Free Case Consultation

At Genesis DUI & Criminal Defense Lawyers, we are here to fight for you. We understand the severe nature of domestic violence allegations. We will provide you with the strongest possible defense. Contact us today to speak with an experienced criminal justice attorney in Gilbert, Arizona.