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Flagstaff Criminal Defense Lawyer

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Flagstaff Criminal Defense Attorney

Criminal accusations, investigations, and charges can change your life entirely. The process of defending these accusations can be stressful, but it is crucial to avoid a criminal conviction that could lead to significant penalties. Not only can a conviction lead to prison or jail time, but you may also be left to pay substantial fines and fees. This is why the support of a Flagstaff criminal defense lawyer is critical.

Effectively defending your freedom and way of life requires the skillful guidance of a legal professional. If you are facing arrest, a Flagstaff criminal defense lawyer could help fight for your rights. Call Grand Canyon Law Group today to learn more.

TYPES OF CRIMINAL CASES We Litigate

The most common crimes committed in Flagstaff, according to the Flagstaff Police Department’s annual report, are larceny, theft, and violent crimes, including aggravated assault. Not only are our lawyers highly qualified to handle these cases, but they are also qualified to handle other criminal cases.

The defense attorneys at Grand Canyon Law Group know what to expect from the prosecution and have the experience needed to properly defend your case.

Criminal charges that we handle include the following:

  • Assault, aggravated assault, and all other violent crimes, including homicide
  • Domestic violence
  • DUI, including aggravated DUI and other forms of impaired driving
  • All types of sex crimes, including crimes against children and adults
  • All forms of theft and property crimes
  • Criminal traffic violations, including reckless driving
  • White collar crimes such as embezzlement and fraud
  • Drug crimes, including the possession, manufacturing, and distribution of drugs

In one example, an officer stopped a man on Interstate 17 in the Flagstaff area for possession of over 40 pounds of meth. In another example, a Flagstaff man was sentenced to 20 months in prison plus restitution for arson for starting a fire at Grand Canyon National Park. We are skilled at handling cases such as these and a variety of others, helping our clients either mitigate their charges or get their cases dismissed.

Misdemeanors and Felonies

State law classifies criminal charges as either misdemeanors or felonies. Misdemeanors are less severe than felonies and include solicitation, reckless driving, petty theft, and other offenses. In Arizona, misdemeanors are classified by classes 1-3. Class 1 misdemeanors are the most serious, while class 3 felonies are the least serious. If you are convicted of a misdemeanor in Arizona, you could face up to 30 days or up to six months in prison and more for prior convictions.

Felonies are much more serious and include burglary, arson, aggravated assault, homicide, and some drug and DUI cases. In Arizona, first-time felonies are classified using numerals 1-6, with class 1 being the most serious and class 6 being the least. Moreover, there are mitigated, minimum, presumptive, maximum, and aggravated sentencing associated with felonies. If you are convicted of a class 1 felony, you could serve up to life in prison.

For all other felonies, the sentencing ranges depend on the severity of the crime and the type of sentencing. For example, the minimum sentence for a class 6 felony is 4 months, while the minimum sentence for a class 2 felony is 4 years in prison. A skilled lawyer may be able to mitigate your sentence, reducing jail time in certain circumstances.

These charges can have life-altering consequences. A Flagstaff attorney versed in criminal defense could ensure that your case is handled the right way and that you are treated fairly under the law.

Consequences

These charges can have life-altering consequences that go beyond jail time and paying fines. For instance, if you are convicted of a crime in Arizona, you may be subject to:

  • Paying restitution to compensate for the victim’s losses. In the Grand Canyon National Park arson example, the defendant was ordered to pay $20,146.13 in restitution.
  • Serving probation in lieu of a prison sentence or as a part of a prison sentence.
  • Losing your license for certain crimes, especially for driving under the influence.
  • Losing other licenses, such as professional licenses or gun licenses, if you commit a gun crime.
  • Losing your right to vote and other civil rights.
  • Having a permanent criminal record, which can impede your ability to obtain certain jobs and housing.

Your specific sentence depends on the severity of the crime and whether or not you are a repeat offender. A Flagstaff attorney versed in criminal defense could ensure that your case is handled the right way and that you are treated fairly under the law.

POTENTIAL CRIMINAL SENTENCES FOR DANGEROUS CRIMES

Arizona Revised Statutes § 13-105(13) outlines the state’s definition of a dangerous crime. These crimes involve the display, discharge, or use of a deadly weapon or dangerous instrument, or the intentional infliction of severe physical harm to another person. The penalties for dangerous offenses include longer prison term sentences and potential fines and fees.

The sentencing ranges for dangerous crimes may be increased based on certain factors regarding the circumstances of the crime. The most significant factors that cause an increased range relate to an individual’s prior criminal record and repetitive offenses. Under Arizona Revised Statutes § 13-704(F), repeat convictions for one or more dangerous felony offenses can significantly increase the penalties an accused person faces.

Additionally, the prosecution may also present other aggravated circumstances in an attempt to seek harsher penalties. It is critical to seek the assistance of an experienced lawyer in Flagstaff to help counter the prosecution’s arguments and ensure that all factors are weighed fairly in a criminal case.

The Criminal Process in Flagstaff, AZ

If you are charged with a crime in Flagstaff, you will likely undergo a specific and sequential criminal process. There are seven basic steps in the criminal process, which include the arrest, arraignment, pretrial conference, trial, verdict, sentencing, and appeals process. It is wise to have a lawyer at each stage of the process, even if you believe that you can defend yourself.

A breakdown of each step is listed below:

  • Arrest – In this step, you may be stopped, accused, or caught committing a crime, in which an officer takes you into custody.
  • Arraignment – At your arraignment, you will be informed of your charges and your rights. You are able to plead guilty or not guilty, and you may be able to post bail and be released from custody.
  • Pretrial conference – At the pretrial conference, you will hear the evidence against you, and your lawyer may extend a plea, which may resolve the case or result in a trial.
  • Trial – If your case goes to trial, it will be brought before a judge and a jury of your peers, if applicable. In many instances, the plaintiff may have an attorney, called a prosecutor, so it is wise that you have one by your side as well. The prosecutor must prove your guilt beyond a reasonable doubt.
  • Verdict – Your trial will result in a verdict based on the evidence handed down by the judge of either guilty or not guilty.
  • Sentencing – If you are found guilty, the judge will provide a sentence, which could include jail time, probation, fines, or a combination of all of these.
  • Appeal – You have the right to appeal your sentencing if you are dissatisfied with the court’s decision or if you maintain your innocence. The appeals process is there to reevaluate the evidence and come to a decision that ensures justice.

THE VALUE OF PRE-CHARGE REPRESENTATION IN FLAGSTAFF

An individual does not have to wait to seek legal representation until after an arrest or the filing of charges. It may be in one’s best interests to have a skilled attorney by their side while the police conduct an investigation or when accusations are initially made. Hiring legal counsel early on in the process can dramatically affect the outcome of a case.

A local criminal defense attorney may contact a prosecutor to share beneficial information and present an individual’s side of the story before charges are filed or any decisions are made. This can potentially result in less severe charges or no charges at all in some cases. Pre-charge representation can also be beneficial in seeking potential pre-indictment deals and allowing an individual to get their affairs in order before an arrest.

Flagstaff Criminal Defense Law FAQs

Q: Can You Reschedule a Court Date in Arizona?

A: Yes, you can reschedule a court date in Arizona, which is called a continuance. However, ideally, you must do this five days prior to your hearing. Typically, motions for continuance must be put in writing using an official request form. Moreover, it is the responsibility of the defendant to determine if their request is granted or not, as this information is not automatically shared.

Q: How Does Sentencing Work in Arizona?

A: In Arizona, sentencing occurs after several steps in the criminal process. Before a defendant is sentenced, which is the formal punishment for the alleged crime, they have the opportunity to cross-examine witnesses and plead their case before the jury. Prior to this, their case may not even go to trial if their lawyer negotiates a plea deal during the pretrial conference. In general, sentencing happens once the judge finds the defendant guilty of the charges against them.

Q: Can You Seal a Record in Arizona?

A: Yes, you can seal a record in Arizona. When a record is sealed, it means that it is not available to the public, but it is available to government officials and law enforcement. Sealing records should not be confused with expungement, which means a record is permanently removed from the criminal and public record.

Q: How Does Bail Bond Work in Arizona?

A: Bail bond in Arizona allows for a confined person accused of a crime to be released from police custody. Bail is a certain monetary amount set by a judge, which must be paid in cash with the condition that the defendant appears in court on a set date and follows other orders set by the judge. If they cannot pay cash, a surety company may post a bail bond, which is a financial guarantee.

CONTACT A FLAGSTAFF CRIMINAL DEFENSE ATTORNEY TODAY

All criminal accusations and charges should be taken seriously and defended to the utmost extent. Due to the potentially severe penalties that may result if you are convicted, you should make sure that you have the right representation to help fight for your rights.

A Flagstaff criminal defense lawyer has the experience to present your best defense and defend your way of life. Reach out to the legal team at Grand Canyon Law Group today to schedule a free consultation.

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