Few criminal charges sound as severe as “assault.” It suggests significant harm to someone’s safety and wellbeing. However, in Arizona, simple assault is often treated as a misdemeanor. The more serious aggravated assault charge arises when additional circumstances “aggravate” a simple assault. Here’s what you need to know about aggravated assault in Prescott and how you can protect your rights if you’re facing charges.

 

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1. What Constitutes “Simple Assault” in Arizona?

Under A.R.S. § 13-1203, an assault can occur if someone:

1. Intentionally, knowingly, or recklessly causes physical injury to another person.
2. Intentionally places another in reasonable apprehension of imminent physical injury.
3. Knowingly touches another person with the intent to injure, insult, or provoke.

These actions typically result in misdemeanor charges. But if additional, aggravating factors are present, the charge escalates to aggravated assault.

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2. When Does an Assault Become “Aggravated”?

A.R.S. § 13-1204 outlines various conditions that can elevate a simple assault to aggravated assault, including:

1. Serious Physical Injury
   • Causing substantial harm that goes beyond minor bruises or scrapes.
2. Use of a Deadly Weapon or Dangerous Instrument
   • Even a simulated deadly weapon can trigger aggravated charges.
3. Significant Bodily Harm
   • Temporary but substantial disfigurement or loss/impairment of a body part.
4. Restraint or Reduced Capacity to Resist
   • If the victim was bound or their capacity to fight back was significantly impaired.
5. Home Invasion
   • Entering someone else’s private residence intending to commit assault.
6. Age Factors
   • If the alleged assailant is 18 or older and the victim is under 15.
7. Violation of an Order of Protection
   • Any prohibited contact or physical act while under a restraining order.
8. Status of the Victim
   • Examples include peace officers, firefighters, teachers, healthcare workers, prosecutors, code enforcement officers, or park rangers acting in their official duties.
9. Choking or Strangulation
   • Intentionally restricting another person’s breathing or blood circulation.
10. Custody Situations

• If the assault occurs while the defendant is in prison or under correctional supervision, and the victim is working in an official capacity within that facility.

Any one of these factors can turn a misdemeanor assault into a felony charge.

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3. Potential Consequences of an Aggravated Assault Conviction

All forms of aggravated assault in Arizona are felonies, which means:

• Possible Prison Sentences
  • May include mandatory prison terms for certain offenses.
• Extended Probation
  • Upon release, probation conditions can be lengthy and restrictive.
• Long-Term Impact
  • Felony convictions can affect employment, housing, loans, and other essentials.

Even a lesser felony designation can create major roadblocks for your future.

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4. Facing Aggravated Assault Charges in Prescott?

If you’re accused of aggravated assault, do not navigate this alone. A felony conviction can devastate your life—jeopardizing your job, finances, and personal relationships. You need a proactive, experienced legal team on your side.

Why Choose Ted Agnick?

Ted Agnick, DUI & Criminal Attorney, has handled a wide range of assault cases, including complex aggravated assault charges. Our team knows how to:

1. Examine the Evidence
   • Look at police reports, witness statements, and any available surveillance.
2. Identify Defenses
   • Could self-defense or defense of others apply? Was there a misunderstanding or lack of intent?
3. Negotiate or Fight in Court
   • We aim to reduce or dismiss charges, or build a strong courtroom defense if needed.

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5. Take Action Today

Call (928) 776-1782 or visit our office at 140 N Montezuma Street, Prescott, AZ 86301. We offer a FREE CONSULTATION, so you can discuss your situation confidentially and learn how we can help. The sooner you act, the better your chances of achieving the best possible outcome.

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Disclaimer: This content is provided for general informational purposes and should not be considered legal advice. For counsel specific to your circumstances, please consult a qualified attorney.

Recent federal announcements aiming to curb what’s called an “epidemic” of youth e-cigarette use may soon lead to stricter regulations—and potentially new criminal enforcement—on the sale of flavored vape products. While the exact scope of these forthcoming FDA policies remains unclear, one thing is certain: Arizona already has broad, stringent laws regarding the sale of tobacco products (including e-cigarettes) to minors.

 

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Arizona’s Tough Stance on Selling Tobacco to Minors

Under A.R.S. § 13-3622, it’s a petty offense for anyone to sell, give, or otherwise provide tobacco—whether cigarettes, chewing tobacco, snus, or any “vapor product”—to a minor. Arizona law makes no distinction between flavored and non-flavored tobacco; all nicotine-derived products fall under the same umbrella. The consequences can include:

1. Fines and Penalties: Both individual clerks and the establishments they work for can be penalized.
2. Licensing Difficulties: Businesses found in violation may face obstacles when renewing or maintaining operational licenses.
3. Broad Accountability: Store owners, employees, and even the corporations behind them can be held responsible for illegal sales.

With the federal government’s push to remove certain e-cigarettes from store shelves, Arizona’s preexisting rules could intersect with new federal regulations in ways that make compliance even more complicated.

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Why It Matters to Arizona Businesses

• Higher Enforcement: The FDA’s policy changes might inspire more aggressive state or local checks on vaping product sales.
• Legal Exposure: Small shops, larger chains, and individual clerks risk fines, licensing issues, or other penalties.
• Uncertain Future: As rules evolve, misunderstanding or accidentally violating them can trigger costly legal battles.

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Protecting Yourself or Your Business

If you or your company face accusations of selling tobacco or e-cigarettes to a minor, don’t wait to act:

1. Seek Legal Counsel Immediately
   • A knowledgeable attorney can help interpret the relevant Arizona statutes and any emerging federal guidelines.
2. Review Your Policies
   • Make sure employees know how to verify age correctly and maintain compliance with local and federal laws.
3. Respond Quickly to Allegations
   • Early intervention can significantly reduce the risk of severe penalties or license suspensions.

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Talk to a Prescott Criminal Defense Attorney Today

At Ted Agnick | DUI & Criminal Attorney, we understand how seemingly small infractions—like an employee mistakenly selling a vape product—can create big headaches for local businesses. Our team has experience defending individuals and companies against Arizona’s stringent underage tobacco laws, and we stand ready to help you navigate the complexities of new federal e-cigarette policies.

• Location: 140 N Montezuma Street, Prescott, AZ 86301
• Call Now: (928) 776-1782
• FREE CONSULTATION: Protect your rights, your business, and your license by speaking with us at no cost.

We’re here to guide you through every step of the legal process and to develop a defense strategy tailored to your situation. Contact us today to learn how we can help.

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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.

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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.

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

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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.

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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.

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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

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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

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.

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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.

 

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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.

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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

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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.

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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.

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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.

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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.