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Author Archives: admin

January 9, 2025
Posted on Author By admin Categories Criminal Defense

Intoxication Defense

Facing Criminal Charges You Don’t Remember? Intoxication Defenses in Arizona

Blacking out from alcohol or drugs can be unsettling—especially if you later discover you’ve been accused of committing a crime you don’t even remember. In Arizona, the law recognizes two types of intoxication: involuntary and voluntary. The distinction can significantly affect your defense if you’re facing criminal charges. Below is an overview of both categories and how they might apply to your case.

A humorous and realistic depiction of a person drinking alcohol and doing something absurdly foolish

Involuntary Intoxication

Definition

  • Occurs when a person becomes intoxicated against their will or without their knowledge (e.g., if someone unknowingly spikes your drink).
  • Because you had no intent to consume drugs or alcohol, Arizona law allows a jury to consider this lack of intent when determining whether you had the required mental state to commit a crime.

Potential Impact on Your Defense

  • If you can prove the intoxication was involuntary (e.g., drugged without consent), it may negate the specific intent needed for certain charges.
  • Every situation is unique; you’ll need to gather evidence (such as witness statements or medical reports) to support your claim of involuntary intoxication.

Voluntary Intoxication

Definition

  • Occurs when someone knowingly consumes alcohol or drugs that can cause intoxication.
  • Under Arizona law, it generally doesn’t excuse criminal behavior, because individuals are assumed to understand the risks of impaired judgment once they start drinking or using drugs.

Exceptions to Voluntary Intoxication

  1. Medical Advice
    • If you take medication as prescribed by a healthcare professional, you may have a valid defense if the drug impairs you in unexpected ways.
  2. Duress
    • Extremely rare scenarios where you’re forced to consume intoxicants under threat of harm.
    • Duress is difficult to prove under Arizona law.

Limited Use as a Defense

  • Voluntary intoxication rarely negates guilt.
  • Prosecutors may still argue that by choosing to drink or use drugs, you bear responsibility for any subsequent actions.

Why You Need a Strong Defense

Lack of Memory Isn’t a Defense

  • Simply not remembering what happened does not excuse criminal liability. Prosecutors can still build a case based on witness statements, surveillance footage, and other evidence.

Prosecution May Argue Impairment

  • If you voluntarily consumed drugs or alcohol, prosecutors can claim you knowingly put yourself in a position where a crime could be committed—regardless of whether you recall the event.

Protect Your Rights: Call Ted Law in Phoenix, AZ

If you’re facing criminal charges tied to an incident you can’t fully recall, don’t leave your future to chance. You need an experienced legal team to help build your defense, gather the right evidence, and challenge the prosecution’s claims.

  • Free Consultation: Speak with Attorney Theodore Agnick at Ted Law about your situation.
  • Local Expertise: We understand Arizona’s intoxication laws and have a track record of defending clients across Phoenix and the surrounding areas.
  • Strategic Defense: We’ll examine whether involuntary intoxication applies or if other defenses are available to you.

Call (602) 453-3100 or contact us online today to discuss your case. We’re here 24/7 to help you navigate Arizona’s legal system and protect your rights.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Each case is unique; consult an attorney for advice specific to your circumstances.

January 6, 2025
Posted on Author By admin Categories DUI

Can I Refuse Field Sobriety Tests?

Refusing a DUI Test in Prescott, Arizona: What You Need to Know

Arizona‘s implied consent law provides that anyone lawfully arrested for suspicion of driving under the influence is presumed to have consented to a blood, breath, or urine test. If one fails to submit or not expressly consent, there are severe repercussions, including license suspension. The following is an overview of the implied consent laws in Arizona, what happens if you refuse to take a chemical test, and how to protect your driving privileges in Prescott and throughout the state.

A-realistic-and-humorous-depiction-of-a-very-indecisive-person-performing-field-sobriety-tests-on-the-side-of-a-road.-The-person-is-visibly-conflicted

Understanding Implied Consent in Arizona

Definition: According to A.R.S. § 28-1321, in Arizona, drivers are considered to consent to a chemical test of their blood, breath, or urine if lawfully arrested on suspicion of DUI.
Scope: This is applicable for motorists stopped by police officers with probable cause to suspect impairment, provided there was no malicious intent during the arrest.
If you refuse to submit to a chemical test, you are required to immediately surrender your driver‘s license. The arresting officer will then prepare a report that will automatically suspend your license for at least 12 months for first-time offenders.

Consequences of Refusing a Chemical Test

First-Time Refusal
License Suspension: You will face a 12-month suspension of your driving privileges.
Temporary Driving Permit: You will be given a 15-day temporary permit. You will have a short period to drive legally while you contemplate your legal options.
Ignition Interlock: You must serve at least 90 consecutive days of suspension before you may request an ignition interlock license.


Second Refusal Within Seven Years
License Suspension: You will face a 24-month suspension, two years, of your driving privileges.
Heavier Penalties: Second and subsequent refusals are considered habitual and hence attract heavier penalties.


What Happens After Refusal?

  1. Immediate License SurrenderYou

    will be asked to immediately surrender your driver‘s license to the arresting officer.
    You are given a temporary driving permit that is valid for only 15 days.

       2. Suspension Begins

        You have 15 days in which you can request a hearing to challenge the suspension.
        If you fail to request a hearing, the suspension becomes final.


        3. Administrative Hearing

The hearing determines whether the officer had reasonable cause to believe DUI.
You may argue matters like the legality of the arrest, your knowledge of the refusal consequences and results of tests.

         4. Disposition

         Withdrawn: If the hearing officer decides in your favor, then the suspension is withdrawn
         Sustained: Otherwise, the suspension remains, and you will have to serve it entirely


Was Refusing a Good Idea?

Refusal of a chemical test has several consequences:

Evidence in Court
Prosecutors can argue that refusal is indicative of guilt-that you refused to take the test because you were intoxicated.

License Suspension
One certainty with refusal is the suspension, which may be shorter than the suspension one faces after being convicted of DUI, but nonetheless burdensome.

Risk of Conviction
Refusal does not necessarily mean you will not be convicted. Other evidence can be used against you, such as officer observations, field sobriety tests, or open container laws.
This is sometimes less destructive than having a positive high BAC, but it‘s a risk. If you refuse to take a chemical test, you will need to have aggressive legal representation to fight any resulting charges effectively.

Protect Your Rights in Prescott, Arizona
If you’ve been arrested for DUI or are considering refusing a chemical test, timely legal assistance can make all the difference. An experienced attorney can:
-Review the Arrest Details: Investigate whether the officer had proper cause.
-Challenge the Suspension: File a request for a hearing and contest the automatic suspension within 15 days.
-Build a Defense Strategy: Ensure your constitutional rights were respected and work to minimize penalties.

Contact an Experienced DUI Defense Attorney
Being stopped for a DUI in Prescott is stressful, especially considering whether to refuse a blood, breath, or urine test. You don‘t have to go through all these difficulties on your own. A qualified DUI lawyer will be able to guide you through Arizona‘s implied consent laws, defend you against severe punishments, and protect your driving privileges.

Act now:

Call today to a trusted DUI defense attorney immediately to protect your rights.
Request a hearing to contest the automatic suspension within 15 days of your arrest.
Be proactive in knowing all of your options to best advocate your case.

December 27, 2024
Posted on Author By admin Categories General

Arizona Teenage Driver Laws

Arizona Teen Driving Law: Everything Parents and Teens Need to Know

Arizona has implemented teen driving limits aimed at reducing the number of fatal crashes involving young drivers. If you or your child holds a Class G (Graduated) license or is preparing to obtain one, it’s crucial to understand these regulations. Failing to follow them can lead to fines, penalties, and even license suspensions. Below is an overview of Arizona’s teen driving laws, including the 2018 mobile device ban for teens and the requirements to obtain and maintain a graduated driver’s license.

A-realistic-depiction-of-a-teenager-driving-a-car-wearing-a-rainbow-colored-propeller-hat-with-a-spinning-propeller-on-top

Arizona’s Graduated Permit (Instruction Permit)

  • Age Requirement: At least 15 years and 6 months old.
  • Written Test: Teen drivers must pass a state-approved written exam.
  • Supervision Requirement: A Class A, B, C, or D licensed driver must sit in the passenger seat next to the teen at all times while the teen operates the vehicle.

Holding an Arizona instruction permit is the first step toward obtaining a Class G (Graduated) license.

Class G (Graduated) Driver’s License in Arizona

Teens between 16 and 18 years old may be issued a Class G license if:

  1. They have held an Arizona instruction permit for at least 6 months, OR
  2. They have a valid driver’s license from another state, AND
  3. They have completed an MVD-approved driver’s education course OR their parent or guardian certifies completion of 30 hours of supervised driving (10 of which must be at night).

Nighttime Driving Restrictions

  • No driving from 12:00 AM to 5:00 AM without a parent or legal guardian present in the vehicle.
  • Exceptions: Traveling to or from a school-sponsored event, a sanctioned religious activity, a family emergency, or to/from work.

Passenger Limitations

  • No more than one passenger under 18 is allowed in the vehicle unless a parent or legal guardian with a valid license is seated in the front passenger seat. Siblings under 18 are typically allowed if the parent/legal guardian is present.

Moving to an Unrestricted License

  • After 6 months of restricted driving, teens may drive without these specific time or passenger restrictions until they turn 18.
  • Once the teen is 18, they can apply for a Class D license, which carries no teen-specific restrictions.

Teen Motorcycle Permit (Class M)

  • Minimum Age: 15 years, 6 months.
  • Parent/Guardian Involvement: Must consent to the application and provide necessary documentation.
  • Exams & Practice: Applicant must pass a vision and written test and show proof of 30 hours of supervised practice riding, or completion of a certified motorcycle safety course.

Banning Wireless Device Use for Teen Drivers

Put down the phone and watch the road! In 2018, Arizona prohibited drivers with a Class G license from using wireless communication devices—including mobile phones—during the permit phase and first six months after obtaining a Class G license.

  • Exceptions:
    • Emergency Situations: Where stopping the vehicle is impossible or dangerous.
    • Navigation Systems: Turn-by-turn directions are permitted if set before driving and do not require manual interaction.

Secondary Enforcement

Law enforcement cannot pull over teen drivers solely for phone usage. Officers must first observe a different driving infraction (e.g., speeding, running a stop sign). However, once stopped, police can cite the teen for illegal phone use.

Consequences of Violating Teen Driving Laws

  • Fines & Mandatory Traffic School: Even a first offense can result in fines and required defensive driving courses.
  • License Suspension & Revocation: Repeat offenses can lead to a suspended or even revoked license.
  • Impact on Future Driving: Violations can increase insurance premiums and remain on the teen’s driving record.

What If My Teen Is Arrested or Charged?

If your teen is arrested or charged with violating driving laws—or any other traffic or juvenile offense—acting quickly to protect their rights is crucial. A conviction could affect insurance rates, future employment, and even college admissions.

Call Ted Law for Skilled Representation

Attorney Theodore Agnick at Ted Law is dedicated to helping families navigate Arizona’s teen driving laws. We understand the complexities of both traffic and juvenile courts and will work tirelessly to protect your child’s driving privileges and legal rights.

  • Immediate Guidance: Get clarity on what to do next.
  • Defense Strategies: Build a robust defense to minimize penalties and maintain your teen’s driving record.
  • Comprehensive Support: Handle all legal filings, court appearances, and negotiations with prosecutors.

Don’t face these challenges alone. Call (602) 453-3100 or reach out online for a free consultation. We’re available 24/7 to answer your questions and provide the experienced legal counsel your family needs during this stressful time.

Disclaimer: This article provides general information and does not constitute legal advice. Each case is unique, and you should consult an attorney for guidance specific to your circumstances.

December 18, 2024
Posted on Author By admin Categories Sex Crimes

Can You Stop Registering as a Sex Offender in Arizona?

For the vast majority of individuals, the requirement to register as a sex offender in Arizona is a lifetime commitment. However, there is one narrow exception. If you were convicted under A.R.S. § 13-1405 (Sexual Conduct with a Minor) and met specific criteria, you may be able to file a petition to terminate your registration requirement. Understanding whether this exception applies to you is crucial for regaining your freedom and moving forward with your life.

A nerdy teenage boy standing at a neighbor's doorway, introducing himself while wearing an ankle tracking device. The teenager has thick glasses, slig

Who Qualifies for the Exception?

To be considered eligible for termination of sex offender registration, all of the following criteria must be met:

  1. Age at the Time of the Offense:
    You were under 22 years old when you committed the offense.
  2. Victim’s Age:
    The victim was 15, 16, or 17 years old.
  3. Consent:
    The sexual conduct was consensual.
  4. Probation Compliance:
    While on probation, you did not violate any sex-offender-related terms.
  5. No Additional Offenses:
    You have not committed any other felony or sex-related offense under Chapter 14 or 35.1 of Title 13.
  6. No Sexually Violent Person Designation:
    No court has determined that you are a sexually violent person, and no such proceedings are pending.
  7. Single Victim and No Prison Sentence:
    There was only one victim, and you were not sentenced to prison for the offense requiring registration.

If each of these requirements is satisfied, you can file a petition to terminate your sex offender registration. Once filed, the burden shifts to the prosecution to prove by a preponderance of the evidence that you do not meet one or more criteria. If the prosecution succeeds on any point, your petition will be denied.

Court Discretion Still Applies

Even if you meet every requirement, the court retains the discretion to deny your petition if it determines that continued registration is necessary to serve the interests of justice or ensure the public’s safety. This underscores the importance of working with an experienced attorney who knows how to present a compelling case on your behalf.

Why You Need an Experienced Attorney

Terminating sex offender registration is a complex legal process that involves navigating Arizona’s intricate laws and convincing a judge that you no longer pose a risk to the community. With so much at stake, it’s vital to work with a seasoned Phoenix sex crimes attorney who understands the law, the court system, and the arguments needed to help you achieve the desired outcome.

Contact Ted Law for Skilled Representation

Attorney Theodore Agnick at Ted Law is dedicated to helping clients regain their freedom from sex offender registration requirements. With extensive knowledge of Arizona’s sex crime statutes and proven legal strategies, we can:

  • Evaluate your eligibility for petitioning to terminate registration.
  • Gather and present strong evidence to counter the prosecution’s claims.
  • Advocate effectively in court, aiming to convince the judge that continued registration isn’t necessary.

Call (602) 453-3100 or reach out online today for a free, confidential consultation. We are available 24/7 to discuss your case and explore the legal options that could free you from a lifetime of registration, so you can move forward with your life.

December 14, 2024
Posted on Author By admin Categories Defense Strategies

Can I Shoot a Carjacker in Arizona?

Owning a firearm often comes with a sense of security—whether it’s for hunting, sport, or defending yourself and your property. But what if you catch someone in the act of stealing your car? Does Arizona law allow you to use deadly force to stop them?

Unfortunately, the answer is not straightforward. The legality of using deadly force in this scenario depends heavily on the circumstances. If you have additional questions after reading this overview, contact Attorney Theodore Agnick at Ted Law for experienced, personalized legal guidance.

Owning a firearm often comes with a sense of security—whether it’s for hunting, sport, or defending yourself and your property. But what if you catch someone in the act of stealing your car? Does Arizona law allow you to use deadly force to stop them? Unfortunately, the answer is not straightforward. The legality of using deadly force in this scenario depends heavily on the circumstances. If you have additional questions after reading this overview, contact Attorney Theodore Agnick at Ted Law for experienced, personalized legal guidance. Understanding Arizona’s Self-Defense Laws for Property Protection Under A.R.S. § 13-408, you’re justified in using physical force to prevent theft or criminal damage to your property if a reasonable person would believe it necessary. However, using deadly physical force in defense of property alone is generally not allowed—deadly force is reserved for situations where there is an immediate and reasonable belief of a serious threat to life or safety. In simpler terms: While you may be able to use non-deadly force to stop someone from stealing your car, using a firearm to shoot a thief is rarely justified unless other factors elevate the situation to a life-threatening encounter. When is Deadly Force Permissible? Self-Defense or Defense of Others (A.R.S. § 13-405 and § 13-406): You may use deadly force if the car thief uses or attempts to use deadly physical force against you or another person. If a reasonable person would believe deadly force is immediately necessary to prevent serious harm, then shooting may be justified. Preventing Certain Violent Crimes (A.R.S. § 13-411): If the car thief is committing a qualifying crime—such as burglary in the first degree (unlawfully entering or remaining in your car with the intent to commit theft while possessing a deadly weapon or dangerous instrument)—you may be justified in using deadly force. Again, the key is that a reasonable person would believe deadly force is immediately necessary to prevent the crime. Context Matters: Was the thief armed? Did the thief threaten you or someone else with deadly force? Were they forcibly entering an occupied vehicle? Did they display a weapon? All of these details matter and can influence whether or not deadly force is seen as reasonable and necessary. Why You Need an Experienced Attorney If you’ve discharged a firearm to prevent a car theft, you could still face criminal charges. Arizona’s self-defense laws are complex, and each case is unique. Working with an experienced Phoenix firearms defense attorney is essential to protect your rights and avoid unjust prosecution. Attorney Theodore Agnick at Ted Law can: Thoroughly investigate your case, gathering evidence to support your claim of justified self-defense. Help you understand Arizona’s laws, how they apply to your situation, and the potential defenses available. Advocate on your behalf, working diligently to achieve the best possible outcome. Call Ted Law for a Free Consultation When your future is on the line, don’t face the legal system alone. Contact Attorney Theodore Agnick at Ted Law for experienced, knowledgeable legal representation. Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re available 24/7 to help you navigate the complexities of Arizona’s self-defense statutes and protect your rights after a shooting incident.

Understanding Arizona’s Self-Defense Laws for Property Protection

Under A.R.S. § 13-408, you’re justified in using physical force to prevent theft or criminal damage to your property if a reasonable person would believe it necessary. However, using deadly physical force in defense of property alone is generally not allowed—deadly force is reserved for situations where there is an immediate and reasonable belief of a serious threat to life or safety.

In simpler terms: While you may be able to use non-deadly force to stop someone from stealing your car, using a firearm to shoot a thief is rarely justified unless other factors elevate the situation to a life-threatening encounter.

When is Deadly Force Permissible?

  1. Self-Defense or Defense of Others (A.R.S. § 13-405 and § 13-406):
    You may use deadly force if the car thief uses or attempts to use deadly physical force against you or another person. If a reasonable person would believe deadly force is immediately necessary to prevent serious harm, then shooting may be justified.
  2. Preventing Certain Violent Crimes (A.R.S. § 13-411):
    If the car thief is committing a qualifying crime—such as burglary in the first degree (unlawfully entering or remaining in your car with the intent to commit theft while possessing a deadly weapon or dangerous instrument)—you may be justified in using deadly force. Again, the key is that a reasonable person would believe deadly force is immediately necessary to prevent the crime.

Context Matters:

  • Was the thief armed?
  • Did the thief threaten you or someone else with deadly force?
  • Were they forcibly entering an occupied vehicle?
  • Did they display a weapon?

All of these details matter and can influence whether or not deadly force is seen as reasonable and necessary.

Why You Need an Experienced Attorney

If you’ve discharged a firearm to prevent a car theft, you could still face criminal charges. Arizona’s self-defense laws are complex, and each case is unique. Working with an experienced Phoenix firearms defense attorney is essential to protect your rights and avoid unjust prosecution.

Attorney Theodore Agnick at Ted Law can:

  • Thoroughly investigate your case, gathering evidence to support your claim of justified self-defense.
  • Help you understand Arizona’s laws, how they apply to your situation, and the potential defenses available.
  • Advocate on your behalf, working diligently to achieve the best possible outcome.

Call Ted Law for a Free Consultation

When your future is on the line, don’t face the legal system alone. Contact Attorney Theodore Agnick at Ted Law for experienced, knowledgeable legal representation.

Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re available 24/7 to help you navigate the complexities of Arizona’s self-defense statutes and protect your rights after a shooting incident.

Disclaimer: This information is for general purposes only and does not constitute legal advice. Consult with an attorney regarding your unique situation.

December 12, 2024
Posted on Author By admin Categories General

Class 2 Felony Arizona

Facing Class 2 Felony Charges in Arizona? Attorney Theodore Agnick at Ted Law Is Here to Help

Arizona law puts crimes into three categories: petty offenses, misdemeanors, and felonies. These categories vary in severity and potential punishment. Felonies are the most serious, often resulting in state prison time, lengthier incarceration terms, and higher financial penalties. In fact, if convicted of a Class 2 felony in Arizona, you could face a prison sentence of up to 35 years.

If you are accused of a felony or misdemeanor in Arizona, you need experienced and aggressive legal representation. Attorney Theodore Agnick at Ted Law is available 24/7 to help you navigate the complexities of Arizona’s legal system. Call us at (602) 453-3100 for a free consultation and immediate assistance.

Understanding Class 2 Felonies in Arizona

Short of murder, a Class 2 felony is the most severe charge you can face in Arizona. To fully appreciate the seriousness of a Class 2 felony, it’s important to understand where it stands in the broader range of felony classifications:

  • Class 1 Felonies: Reserved for the most serious crimes—first and second-degree murder. These can carry the death penalty.
  • Class 3 Felonies: Mid-level felonies, including crimes like aggravated robbery, aggravated assault, and kidnapping.
  • Class 4 Felonies: Offenses such as possession of narcotic drugs, forgery, robbery, and certain types of aggravated assault.
  • Class 5 Felonies: Crimes like stalking, credit card theft, and credit card fraud over $1,000.
  • Class 6 Felonies: The least severe category, often eligible to be reduced to a misdemeanor.

 

A highly organized and concise infographic titled 'Felony Classifications' with six levels of felony severity.

For a complete list of Arizona felony classes, click here.

Types of Arizona Class 2 Felonies

There are 56 different Class 2 felony charges in Arizona. Some examples include:

  • Manslaughter
  • Armed Robbery
  • Sexual Assault
  • Arson of an Occupied Building
  • Kidnapping
  • Child Molestation
  • Select Serious Drug Crimes Involving Narcotics

View a complete list of Class 2 felony crimes in Arizona here.

Statute of Limitations for Class 2 Felonies

In general, the statute of limitations for Class 2 felonies in Arizona is seven years. However, this period only runs while the defendant is physically present in the state. If the defendant leaves the state, the clock stops.

No Statute of Limitations: Certain Class 2 felony charges, such as sexual assault, sexual exploitation of a minor, or crimes involving weapons or explosives, have no time limit for prosecution.

Penalties for a Class 2 Felony Conviction

A Class 2 felony conviction can result in a sentence ranging from three to 35 years in prison, depending on:

  • Whether the offense is considered dangerous or non-dangerous
  • Whether the convicted individual has prior felony convictions
  • The presence of mitigating or aggravating factors

Non-Dangerous Class 2 Felonies

Non-dangerous Class 2 felonies may include offenses like first-degree trafficking of stolen property, theft of property valued at $25,000 or more, and first-degree money laundering.

Sentencing Range: From 3 years to potentially decades in prison, based on criminal history and other circumstances.

Dangerous Class 2 Felonies

Dangerous Class 2 felonies often involve violence, weapons, or severe harm, such as manslaughter, armed robbery, sexual assault, arson of an occupied building, and crimes against children under 15.

Sentencing Range: A minimum of 7 years and up to 35 years in prison. Dangerous offenses typically eliminate the possibility of probation, parole, or early release programs.

Mitigating and Aggravating Factors

Arizona’s sentencing structure includes five levels:

  1. Mitigated
  2. Minimum
  3. Presumptive
  4. Maximum
  5. Aggravated

Mitigating Factors: Such as the defendant’s age, minor role in the crime, or acting under duress, can reduce the sentence.

Aggravating Factors: Include the use of a deadly weapon, premeditation, involvement of an accomplice, or causing a victim’s death. At least two aggravating factors may justify extending the sentence beyond the maximum range.

Sentencing for Repeat Offenders

Arizona law classifies repeat offenders into three categories, each escalating the sentencing range:

  • Category One: Multiple felonies tried together.
    • Mitigated: 3 years
    • Minimum: 4 years
    • Presumptive: 5 years
    • Maximum: 10 years
    • Aggravated: 12.5 years
  • Category Two: One prior felony conviction.
    • Mitigated: 4.5 years
    • Minimum: 6 years
    • Presumptive: 9.25 years
    • Maximum: 13 years
    • Aggravated: 23 years
  • Category Three: Two prior felony convictions.
    • Mitigated: 10.5 years
    • Minimum: 14 years
    • Presumptive: 15.75 years
    • Maximum: 28 years
    • Aggravated: 35 years

Why Hire Attorney Theodore Agnick for Your Class 2 Felony Defense?

A Class 2 felony conviction can have devastating, long-lasting consequences. Beyond lengthy prison time and hefty fines, a felony on your record can limit your future employment opportunities and personal freedoms.

Attorney Theodore Agnick at Ted Law has the experience and dedication needed to:

  • Thoroughly Investigate Your Case: Examine every piece of evidence to craft a strong, personalized defense.
  • Protect Your Rights: Ensure your constitutional rights are upheld at every stage of the process.
  • Pursue the Best Outcome: Whether through negotiation or going to trial, we are committed to securing the most favorable resolution.

Contact Ted Law for a Free Consultation

The stakes are too high to go without a qualified defense attorney. If you’re facing Class 2 felony charges in Arizona, it’s essential to seek legal representation as soon as possible.

Call us at (602) 453-3100 for a free, confidential consultation. Attorney Theodore Agnick at Ted Law is available 24/7 to help protect your rights and guide you through the complex Arizona criminal justice system.

Frequently Asked Questions

What distinguishes a dangerous from a non-dangerous felony?
A dangerous felony typically involves the use or threat of a deadly weapon, severe harm, or violence. This classification often eliminates options like probation or parole.

Can I reduce a Class 2 felony to a lesser charge?
While challenging, it may be possible to negotiate a plea deal for lesser charges or reduced sentencing with skilled legal representation.

How can my past criminal history affect my sentence?
Prior felony convictions can significantly increase sentencing ranges, resulting in longer prison terms and fewer opportunities for early release.

Protect Your Future with Ted Law

Facing a Class 2 felony is overwhelming, but you don’t have to navigate this alone. Attorney Theodore Agnick at Ted Law is committed to providing aggressive and effective representation to defend your rights, freedom, and future.

Call us now at (602) 453-3100 to discuss your case and learn how we can help. We are here for you 24/7.

Disclaimer: This information is for general purposes only and does not constitute legal advice. Consult with an attorney regarding your unique situation.

December 6, 2024
Posted on Author By admin Categories General

Class 3 Misdemeanor Arizona Crimes

Charged With a Class 3 Misdemeanor in Arizona? Attorney Theodore Agnick at Ted Law Is Here to Help

Arizona law categorizes criminal offenses by severity: petty offenses, misdemeanors, and felonies. Within the misdemeanor category, there are three classes (Class 1, Class 2, and Class 3), each carrying different levels of penalties. A Class 3 misdemeanor is considered the least severe misdemeanor offense in the state. However, even these charges can lead to jail time, fines, and a lasting impact on your future if not handled properly.

Attorney Theodore Agnick at Ted Law is dedicated to providing aggressive and effective defense for clients facing Class 3 misdemeanor charges in Arizona. Call us at (602) 453-3100 anytime, 24/7, to discuss your case with an experienced Arizona criminal defense attorney.

Understanding Class 3 Misdemeanors in Arizona

A Class 3 misdemeanor is at the lower end of the misdemeanor spectrum. While less severe than Class 1 or Class 2 misdemeanors, a Class 3 misdemeanor still poses risks to your record and your freedoms. Arizona recognizes more than 130 Class 3 misdemeanor offenses, including but not limited to:

  • Criminal Nuisance
  • Criminal Trespassing
  • Certain Domestic Violence Offenses
  • Failure to Stop After Striking an Unattended Vehicle
  • Excessive Speeding
  • Operating a Commercial Motor Vehicle Without a Proper License
  • Dumping Trash on Highways or Airports
  • Certain Fireworks Violations
  • Disorderly Conduct
  • Causing Injury or Death by a Moving Vehicle (Non-Felony Cases)
  • Watercraft Hit and Run (No Injuries)
  • Obstructing a Highway or Public Thoroughfare
  • Loitering (Certain Violations)
  • Underage Solicitation of Alcohol

Even though these may be considered “minor” crimes, conviction can still have serious consequences.

Class 3 Misdemeanor Information in Arizona

Statute of Limitations for Class 3 Misdemeanors

Arizona generally allows the state one year from the date of the alleged crime to bring Class 3 misdemeanor charges. However, if the offense involved a serious injury or a fatality from a vehicular accident, the statute of limitations may extend to two years.

Additionally, if the accused individual is not physically present in Arizona, the clock on this statute of limitations pauses until that person returns to the state.

Penalties for a Class 3 Misdemeanor Conviction

Unlike some higher-level misdemeanors, Class 3 misdemeanors do not have a mandatory minimum jail sentence. This gives the presiding judge considerable discretion when determining penalties. Factors such as your prior criminal history and the specifics of your case can influence the final outcome.

First-Time Offenders:

  • Jail Time: Up to 1 month (30 days) in county jail
  • Fines: Up to $500 (plus additional surcharges and assessments)
  • Probation: Up to 1 year of probation, which may be unsupervised

Repeat Offenders:
If you have a prior conviction for the same offense within two years, the court may treat the current Class 3 misdemeanor more harshly, effectively sentencing it as if it were a Class 2 misdemeanor:

  • Jail Time: Up to 4 months
  • Fines: Up to $750 (plus surcharges)
  • Probation: Up to 2 years

Collateral Consequences of a Class 3 Misdemeanor Conviction

Beyond jail time, fines, and probation, a Class 3 misdemeanor conviction can bring a range of additional consequences that may affect various aspects of your life. The judge has the authority to impose:

  • Restitution to Victims: Financial compensation for any loss or damage.
  • Community Service Requirements: Mandatory volunteer work.
  • Driver’s License Suspension: For traffic-related offenses.
  • Home Detention or Work Release Programs: Restrictions on your freedom of movement.
  • Drug or Alcohol Counseling: Treatment programs for substance-related offenses.
  • Mandatory Education Courses or Therapy: Depending on the nature of the offense.

In addition, the existence of a criminal conviction on your record can make it more challenging to find employment, secure professional licenses, obtain housing, or maintain child custody. Non-citizens may face immigration complications, and those convicted of vehicle-related offenses may see their auto insurance premiums increase.

Why You Need an Experienced Criminal Defense Attorney

Even the least severe misdemeanor, such as a Class 3 misdemeanor, can lead to unexpected long-term consequences. Having an experienced attorney by your side can make a significant difference. Attorney Theodore Agnick is committed to:

  • Protecting Your Rights: Ensuring fair treatment throughout the legal process.
  • Building a Strong Defense: Investigating the facts, challenging evidence, and working to have charges reduced or dismissed.
  • Negotiating Plea Bargains: Seeking alternative sentencing options when possible.
  • Representing You in Court: Aggressively advocating on your behalf should your case go to trial.

Take Action Now: Contact Ted Law for a Free Consultation

If you’re facing a Class 3 misdemeanor charge in Arizona, don’t assume it’s a “minor” issue. The consequences can still be significant and life-altering. Attorney Theodore Agnick at Ted Law is here to guide you through the legal system, help you understand your options, and work toward the best possible outcome.

Call us today at (602) 453-3100 for a free, confidential consultation. We’re available 24/7 to take your call and provide the legal support you need.

Disclaimer: The information provided in this article is intended for general informational purposes only and does not constitute legal advice. Every case is unique, and you should consult an attorney to discuss the specifics of your situation.

November 22, 2024
Posted on Author By admin Categories General

Arizona Class 1 Misdemeanor Crimes

Facing Class 1 Misdemeanor Charges in Arizona? Attorney Theodore Agnick at Ted Law Is Here to Defend You

Arizona’s criminal justice system categorizes offenses into petty offenses, misdemeanors, and felonies. Among misdemeanors, Class 1 misdemeanors are the most serious and can have significant consequences on your life. If you’re facing such charges, it’s crucial to have experienced legal representation to protect your rights.

Attorney Theodore Agnick at Ted Law is committed to providing aggressive and effective defense strategies for clients charged with Class 1 misdemeanors in Arizona. Contact us 24/7 at (602) 453-3100 for a confidential consultation.

Understanding Class 1 Misdemeanors in Arizona

A Class 1 misdemeanor is the highest level of misdemeanor offenses in Arizona, sitting just below felony crimes in terms of severity. While not as severe as felonies, Class 1 misdemeanors carry substantial penalties that can impact your freedom, finances, and future.

Examples of Class 1 Misdemeanors

There are numerous offenses classified as Class 1 misdemeanors in Arizona, including but not limited to:

  • Driving Under the Influence (DUI) (ARS §28-1381)
  • Assault (ARS §13-1203)
  • Domestic Violence (various statutes)
  • Disorderly Conduct (ARS §13-2904)
  • Criminal Damage (damage valued between $250 and $1,000) (ARS §13-1602)
  • Shoplifting (ARS §13-1805)
  • Prostitution (ARS §13-3214)
  • Driving on a Suspended License (ARS §28-3473)
  • Unlawful Possession of a Weapon (certain circumstances)
  • Interference with Judicial Proceedings (ARS §13-2810)

Statute of Limitations

Under Arizona law (ARS §13-107), the statute of limitations for most misdemeanors, including Class 1 misdemeanors, is one year from the date of the alleged offense. This means the prosecution must file charges within this timeframe, or they may forfeit the right to prosecute.

Note: If the accused is not present in the state, the statute of limitations may be tolled (paused) until they return.

Potential Penalties for Class 1 Misdemeanor Convictions

A conviction for a Class 1 misdemeanor can result in:

  • Jail Time: Up to 6 months (180 days)
  • Fines: Up to $2,500, plus surcharges
  • Probation: Up to 3 years of probation, which may be supervised or unsupervised

Additional Penalties May Include:

  • Mandatory Counseling or Treatment Programs: Especially in cases involving domestic violence or DUI
  • Community Service: Court-ordered service hours
  • Driver’s License Suspension: For offenses involving vehicles
  • Ignition Interlock Device Installation: Required for DUI convictions
  • Restitution: Compensation to victims for losses or damages

Impact of Prior Convictions

If you have prior convictions, especially within the last 7 years, penalties may be more severe:

  • Increased Jail Time: Mandatory minimum sentences may apply
  • Higher Fines: Potentially exceeding the standard maximum
  • Consecutive Sentences: If convicted of multiple offenses simultaneously

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Long-Term Consequences of a Conviction

A Class 1 misdemeanor conviction can have lasting effects on your life:

  • Criminal Record: A permanent mark that can appear on background checks
  • Employment Challenges: Difficulty securing jobs, especially those requiring background clearance
  • Professional Licensing Issues: Potential denial or revocation of licenses in certain professions
  • Housing Difficulties: Landlords may deny rental applications
  • Immigration Consequences: Non-citizens may face deportation or denial of citizenship
  • Reputation Damage: Social stigma affecting personal and professional relationships

Can a Class 1 Misdemeanor Be Expunged or Set Aside?

Arizona does not offer expungement in the traditional sense for most convictions. However, you may be eligible to have your conviction set aside under ARS §13-905. A set-aside conviction releases you from penalties and disabilities resulting from the conviction, but it does not erase the conviction from your record.

Benefits of a Set-Aside Include:

  • Demonstrating rehabilitation to employers or licensing boards
  • Potentially improving employment and housing opportunities

Note: Certain offenses, such as those involving serious injury or sexual crimes, may not be eligible for a set-aside.

Why You Need an Experienced Criminal Defense Attorney

Navigating the complexities of the criminal justice system requires expertise and dedication. Attorney Theodore Agnick offers:

  • Personalized Defense Strategies: Tailored to the specifics of your case
  • Comprehensive Legal Knowledge: In-depth understanding of Arizona laws and court procedures
  • Aggressive Representation: Protecting your rights at every stage
  • Negotiation Skills: Working to reduce charges or secure alternative sentencing options
  • Courtroom Experience: Prepared to take your case to trial if necessary

How Attorney Theodore Agnick Can Help

  • Case Evaluation: Thoroughly reviewing the facts and evidence
  • Legal Guidance: Explaining your rights and options clearly
  • Defense Development: Crafting a strong defense to challenge the prosecution’s case
  • Court Representation: Advocating on your behalf in hearings and trials
  • Post-Conviction Assistance: Assisting with appeals or set-aside petitions if applicable

Frequently Asked Questions

Q: Will a Class 1 misdemeanor appear on my background check?

A: Yes, convictions for Class 1 misdemeanors are part of your criminal record and can appear on background checks conducted by employers, landlords, and others.

Q: Can I represent myself in a Class 1 misdemeanor case?

A: While you have the right to self-representation, it is not advisable due to the complexities of criminal law. An experienced attorney can significantly improve your chances of a favorable outcome.

Q: What should I do if I’m arrested or charged with a Class 1 misdemeanor?

A: Remain calm, exercise your right to remain silent, and contact Attorney Theodore Agnick immediately at (602) 453-3100.

Contact Ted Law Today

If you’re facing Class 1 misdemeanor charges in Arizona, don’t risk your future by navigating the legal system alone. Attorney Theodore Agnick at Ted Law is dedicated to providing the skilled representation you need.

Call us 24/7 at (602) 453-3100 or contact us online to schedule a confidential consultation.

Protect Your Rights and Future

A Class 1 misdemeanor charge is serious, but with the right legal support, you can work toward the best possible outcome. Let Attorney Theodore Agnick guide you through this challenging time.

Contact Ted Law today at (602) 453-3100 to begin building your defense.

Disclaimer: The information provided herein is for general informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney regarding your specific situation.

November 16, 2024
Posted on Author By admin Categories General

Class 2 Misdemeanor Arizona Crimes

Arizona’s criminal justice system can be complex, with various classifications for offenses ranging from petty infractions to serious felonies. If you’re facing a Class 2 misdemeanor charge in Arizona, it’s crucial to understand the nature of the offense and the potential consequences. Attorney Theodore Agnick at Ted Law is here to provide you with the expertise and representation you need.

Contact us at (602) 453-3100 for a confidential consultation. We’re available 24/7 to assist you.

What is a Class 2 Misdemeanor in Arizona?

In Arizona, crimes are categorized into three main types:

  1. Petty Offenses: Minor infractions, usually punishable by fines.
  2. Misdemeanors: Mid-level offenses that can result in jail time, fines, and probation.
  3. Felonies: The most serious crimes, carrying severe penalties including long-term imprisonment.

Misdemeanors are further divided into three classes:

  • Class 1 Misdemeanors: Most severe misdemeanor offenses.
  • Class 2 Misdemeanors: Mid-range misdemeanor offenses.
  • Class 3 Misdemeanors: Least severe misdemeanor offenses.

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Examples of Class 2 Misdemeanors

Arizona recognizes over 300 Class 2 misdemeanor offenses. Some common examples include:

  • Reckless Driving (ARS §28-693)
  • Possession of a Controlled Substance (ARS §13-3456)
  • Failure to Stop After an Accident Involving Vehicle Damage (ARS §28-662)
  • Contempt of Court (ARS §12-863)
  • Negligent Operation of Watercraft or Water Skis (ARS §5-341)
  • Public Nuisance Violations (ARS §11-808)
  • Damage to Premises by a Tenant (ARS §33-322)
  • Using a False Identification Card (ARS §46-603)
  • Allowing a Minor to Drive (ARS §28-3474)

Statute of Limitations for Class 2 Misdemeanors

Under Arizona law (ARS §13-107), the prosecution has one year from the date of the alleged offense to file charges for a Class 2 misdemeanor. If charges are not filed within this timeframe, the state loses the right to prosecute.

Important Note: If the accused is absent from Arizona, the statute of limitations may be paused (tolled) until they return to the state.

Penalties for Class 2 Misdemeanor Convictions

Penalties can vary based on whether it’s a first-time offense or if there are prior convictions.

First-Time Offenders

  • Jail Time: Up to 4 months
  • Fines: Up to $750, not including surcharges
  • Probation: Up to 2 years of probation, which may be unsupervised

Additional Consequences:

  • Restitution: Compensating victims for any losses
  • Community Service
  • Mandatory Counseling: Especially in cases involving domestic violence
  • Driver’s License Suspension: For offenses involving vehicles

Repeat Offenders

Prior convictions within two years can lead to enhanced penalties:

  • Jail Time: Up to 6 months
  • Fines: Up to $2,500, not including surcharges
  • Probation: Up to 3 years

Long-Term Impact of a Misdemeanor Conviction

A Class 2 misdemeanor conviction can have lasting effects on your life:

  • Criminal Record: Visible during background checks, potentially affecting employment and housing opportunities
  • Professional Licensing Issues: Certain professions may deny licenses based on criminal history
  • Immigration Consequences: Non-citizens may face challenges with visa status or citizenship applications
  • Personal Relationships: Strain on family and social relationships due to legal issues

Can a Class 2 Misdemeanor Be Expunged or Sealed?

Arizona does not offer expungement for most convictions. However, you may be eligible to have your conviction set aside or your records sealed under certain circumstances, which can help minimize the impact on your future.

Attorney Theodore Agnick can evaluate your situation and advise you on the best course of action to mitigate the effects of a conviction.

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Why You Need an Experienced Criminal Defense Attorney

Navigating the legal system can be overwhelming, especially when facing criminal charges. An experienced attorney can:

  • Assess Your Case: Review the charges and evidence against you to determine the strength of the prosecution’s case.
  • Develop a Defense Strategy: Tailor a defense based on the specifics of your situation.
  • Negotiate with Prosecutors: Aim for reduced charges, alternative sentencing, or dismissal when possible.
  • Represent You in Court: Advocate on your behalf during hearings and trials to protect your rights.

What to Do If You’re Charged with a Class 2 Misdemeanor

  1. Remain Calm: Do not resist arrest or act aggressively.
  2. Exercise Your Right to Remain Silent: Politely decline to answer questions until you have legal representation.
  3. Contact Attorney Theodore Agnick: Call us immediately at (602) 453-3100. We’re available 24/7.
  4. Do Not Discuss Your Case: Avoid talking about your case with anyone other than your attorney.

Frequently Asked Questions

Q: Will a misdemeanor conviction affect my employment?

A: Yes, a conviction can appear on background checks, potentially impacting job opportunities. It’s important to address the conviction legally to mitigate these effects.

Q: Can I get my driver’s license suspended for a misdemeanor?

A: For certain offenses, especially those involving vehicles or DUI charges, your driver’s license may be suspended.

Q: What is the difference between setting aside a conviction and expungement?

A: Expungement removes the conviction from your record entirely, which is not available in Arizona for most offenses. Setting aside a conviction means the court has dismissed the charges, but the record remains accessible under certain conditions.

Contact Attorney Theodore Agnick at Ted Law Today

If you’re facing Class 2 misdemeanor charges in Arizona, don’t navigate the legal system alone. Attorney Theodore Agnick is dedicated to providing personalized and effective legal representation.

Call us at (602) 453-3100 or contact us online to schedule a confidential consultation. We’re available 24/7 to provide the legal support you need.

Protect Your Future with Ted Law

Facing criminal charges is a serious matter that requires immediate attention. With the right legal representation, you can work toward the best possible outcome for your case.

Contact Attorney Theodore Agnick at Ted Law today at (602) 453-3100. Let us help you protect your rights and future.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a qualified attorney regarding your specific situation.

November 9, 2024
Posted on Author By admin Categories Arizona Revised Statutes, General

Class 4 Felony Crimes in Arizona

Understanding Class 4 Felonies in Arizona

Class 4 felonies are considered mid-level felonies in Arizona’s six-class felony system, with Class 1 being the most serious and Class 6 the least. While not as severe as Class 1 or Class 2 felonies, Class 4 felonies carry significant penalties that can impact your life profoundly.

Common Class 4 Felony Offenses

Arizona recognizes over 90 Class 4 felony offenses, including:

  • Aggravated Assault
  • Negligent Homicide
  • Third-Degree Burglary
  • Extortion
  • Robbery
  • Forgery
  • Identity Theft
  • Perjury
  • Vehicular Homicide
  • Child or Vulnerable Adult Abuse

Other less common offenses include altering livestock brands, attempting to influence a juror, theft of protected native plants, and smuggling.

 

How Class 4 Felonies Fit into Arizona’s Felony System

  • Class 1 Felonies: Reserved for the most serious crimes, such as first and second-degree murder, carrying life imprisonment or the death penalty.
  • Class 2 Felonies: Include severe offenses like aggravated assault with a deadly weapon, possession of dangerous drugs with intent to sell, and sexual assault of a minor.
  • Class 3 Felonies: Encompass crimes like burglary, aggravated identity theft, and serious drug offenses.
  • Class 5 Felonies: Cover offenses such as stalking, credit card theft, and aggravated domestic violence.
  • Class 6 Felonies: The least severe felonies, sometimes reduced to misdemeanors, known as “wobblers.”

Penalties for Class 4 Felony Convictions

A Class 4 felony conviction can result in:

  • Prison Sentence: Ranging from 1 to 15 years, depending on various factors.
  • Fines: Up to $150,000, excluding surcharges.
  • Restitution: Compensation to victims for losses incurred.
  • Probation and Community Service: Additional conditions imposed by the court.

Factors Affecting Sentencing

  • Prior Felony Convictions: Previous convictions can increase sentencing ranges.
  • Nature of the Offense: Whether the crime is classified as dangerous or non-dangerous.
  • Mitigating Factors: Circumstances that may reduce the severity of the sentence.
  • Aggravating Factors: Circumstances that may increase the severity of the sentence.

 

Dangerous vs. Non-Dangerous Class 4 Felonies

Dangerous Offenses

  • Definition: Crimes involving the use or threat of a deadly weapon, or causing serious physical injury.
  • Sentencing: Not eligible for probation; carry harsher penalties.
  • Examples: Aggravated assault with a deadly weapon, armed robbery, sexual exploitation of a minor.

Non-Dangerous Offenses

  • Definition: Crimes that do not involve deadly weapons or serious physical injury.
  • Sentencing: May be eligible for probation or reduced sentencing.

Sentencing Guidelines for Class 4 Felonies

First-Time Offenders (Non-Dangerous)

  • Mitigated Sentence: 1 year
  • Minimum Sentence: 1.5 years
  • Presumptive Sentence: 2.5 years
  • Maximum Sentence: 3 years
  • Aggravated Sentence: 3.75 years

Offenders with One Prior Felony (Non-Dangerous)

  • Mitigated Sentence: 2.25 years
  • Minimum Sentence: 3 years
  • Presumptive Sentence: 4.5 years
  • Maximum Sentence: 6 years
  • Aggravated Sentence: 7.5 years

Offenders with Two or More Prior Felonies (Non-Dangerous)

  • Mitigated Sentence: 6 years
  • Minimum Sentence: 8 years
  • Presumptive Sentence: 10 years
  • Maximum Sentence: 12 years
  • Aggravated Sentence: 15 years

An infographic with the title 'Penalties for Non-Dangerous Class 4 Felonies,' displaying a table with columns for Mitigated Sentence, Minimum Sentence

Sentencing for Dangerous Class 4 Felonies

First-Time Offenders

  • Minimum Sentence: 4 years
  • Presumptive Sentence: 6 years
  • Maximum Sentence: 8 years

One Prior Felony Conviction

  • Minimum Sentence: 8 years
  • Presumptive Sentence: 10 years
  • Maximum Sentence: 12 years

Two or More Prior Felony Convictions

  • Minimum Sentence: 12 years
  • Presumptive Sentence: 14 years
  • Maximum Sentence: 16 years
  • An infographic with the title 'Penalties for Dangerous Class 4 Felonies,' displaying a table with columns for Minimum Sentence, Presumptive Sentence,

Class 4 Felonies Involving Crimes Against Children

Convictions involving child victims carry even harsher penalties under Arizona law (ARS § 13-705):

  • Minimum Sentence: 10 years
  • Maximum Sentence: Up to 35 years
  • Note: Sentencing depends on whether the offense is a first-time or repeat offense.

Statute of Limitations for Class 4 Felonies

  • Time Limit: 7 years from the date of the alleged offense.
  • Tolling: The statute pauses if the defendant is not physically present in Arizona.

Why You Need Experienced Legal Representation

A Class 4 felony conviction can have life-altering consequences, including:

  • Loss of Freedom: Significant prison time.
  • Financial Hardship: Substantial fines and restitution.
  • Permanent Criminal Record: Affecting employment and housing opportunities.
  • Loss of Civil Rights: Including the right to vote and possess firearms.

How Attorney Theodore Agnick Can Help

Attorney Theodore Agnick at Ted Law is dedicated to:

  • Protecting Your Rights: Ensuring fair treatment throughout the legal process.
  • Thorough Case Investigation: Analyzing evidence and identifying weaknesses in the prosecution’s case.
  • Strategic Defense Planning: Crafting a defense tailored to your specific circumstances.
  • Aggressive Representation: Advocating for reduced charges or dismissal when possible.

Contact Ted Law for a Free Consultation

If you’re facing Class 4 felony charges in Arizona, immediate action is crucial.

Call us 24/7 at (602) 453-3100 for a free, confidential consultation. Let Attorney Theodore Agnick at Ted Law provide the skilled defense you need to navigate this challenging time.

Frequently Asked Questions

What are mitigating factors in sentencing?

  • Mitigating factors can include your age, minor role in the offense, acting under duress, or having good character. These can potentially reduce your sentence.

What are aggravating factors?

  • Aggravating factors include use of a deadly weapon, premeditation, involvement of an accomplice, or causing serious harm to the victim. These can increase the severity of your sentence.

Can a Class 4 felony be reduced to a misdemeanor?

  • In some cases, especially with Class 6 felonies known as “wobblers,” a felony charge can be reduced. However, reducing a Class 4 felony is more challenging and requires skilled legal negotiation.

Protect Your Future with Ted Law

Facing felony charges is overwhelming, but you don’t have to face them alone. Attorney Theodore Agnick is committed to providing aggressive and effective legal representation.

Contact us today at (602) 453-3100 to discuss your case and learn how we can help protect your rights and future.

Disclaimer: The information provided is for general informational purposes and is not legal advice. Every case is unique, and you should consult with an attorney for advice regarding your specific situation.

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