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Category Archives: General

January 14, 2025

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.

A humorous and realistic depiction of a young-looking undercover police officer attempting to buy cigarettes at a convenience store.


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.


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.

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.

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.

December 27, 2024

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 12, 2024

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

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

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

A-neatly-formatted-table-infographic-about-Class-1-Misdemeanor-Sanctions


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

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.

an infographic titled 'Classifications of Crimes in Arizona' with the same content, but using a fresh color scheme. Headings are styled in a


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.

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.

Arizona law categorizes crimes into two main types: misdemeanors and felonies. Felonies are more serious offenses that carry heavier penalties, including longer prison sentences, higher fines, and lasting impacts on your life.

If you’re accused of a criminal offense in Arizona, it’s crucial to seek immediate legal assistance. Attorney Theodore Agnick at Ted Law specializes in defending clients against felony charges. Contact us 24/7 at (602) 453-3100 for a free consultation.

Understanding Class 3 Felonies in Arizona

A Class 3 felony is considered a mid-level felony in Arizona’s classification system, which includes six classes—Class 1 being the most severe and Class 6 the least. Understanding where Class 3 felonies stand can help you grasp the seriousness of the charges against you.

How Class 3 Felonies Fit into Arizona’s Felony System
Class 1 Felonies: Reserved for the most serious crimes, such as first and second-degree murder.

Class 2 Felonies: Include severe offenses like aggravated assault with a deadly weapon, possession of dangerous drugs with intent to sell, first-degree burglary involving a firearm, and sexual assault of a minor.

Class 4 Felonies: Encompass crimes like possession of narcotics, forgery, robbery, theft between $3,000 and $4,000, and certain types of aggravated assault.

Class 5 Felonies: Cover offenses such as stalking, credit card theft, criminal damage, credit card fraud over $1,000, and aggravated domestic violence.

Class 6 Felonies: The least severe felonies, often called “wobblers” because they can sometimes be reduced to misdemeanors.

Common Class 3 Felony Offenses in Arizona

Arizona recognizes over 40 specific Class 3 felony crimes, including:

Discharging a Firearm at a Non-Residential Structure
Sexual Abuse (especially if the victim is under 15 years old)
Dangerous Crimes Against Children
Second-Degree Burglary
Certain Types of Aggravated Assault
Transportation and Sale of Dangerous or Narcotic Drugs
Theft of Means of Transportation
Aggravated Robbery
Specific Types of Stalking
Threatening or Intimidating Under Certain Conditions
Serious Drug Offenses Involving Dangerous or Narcotic Drugs
Hit-and-Run Accidents Involving Death or Personal Injury
For a comprehensive list of Class 3 felony crimes in Arizona, click here.

Dangerous vs. Non-Dangerous Class 3 Felonies

Class 3 felonies are further classified into:

Dangerous Offenses
Involve the use or threat of a deadly weapon.
Include causing serious physical injury.
Not eligible for probation, even for first-time offenders.
Examples: Aggravated robbery, aggravated assault, kidnapping, discharging a firearm at a non-residential building, attempting to commit a Class 2 felony.

Non-Dangerous Offenses
Do not involve deadly weapons or serious physical injury.
May be eligible for probation or reduced sentencing.
Statute of Limitations for Class 3 Felonies
The statute of limitations for Class 3 felonies in Arizona is seven years from the date of the alleged offense. Note that this period pauses if the defendant is not physically present in the state.

Penalties for Class 3 Felony Convictions

Sentencing for a Class 3 felony varies based on several factors, including prior convictions and whether the offense is classified as dangerous.

Sentencing Ranges for First-Time, Non-Dangerous Offenders
Mitigated Sentence: 2 years
Minimum Sentence: 2.5 years
Presumptive Sentence: 3.5 years
Maximum Sentence: 7 years
Aggravated Sentence: 8.75 years
Sentencing for Offenders with Prior Felony Convictions
One Prior Felony:
Range: 3.25 to 16.25 years
Two or More Prior Felonies:
Range: 7.5 to 25 years
Mitigating and Aggravating Factors

When determining a sentence, the court considers:

Mitigating Factors
Defendant’s Age: Younger offenders may receive leniency.
Minor Role in the Offense: If the defendant played a lesser part.
Duress or Coercion: Acting under pressure or threats.
Good Character: Demonstrated through community involvement or lack of prior criminal history.
Aggravating Factors
Use of a Deadly Weapon: Enhances the severity of the crime.
Premeditation: Planning the crime in advance.
Accomplice Involvement: Committing the crime with others.
Serious Physical Injury to the Victim: Increases penalties significantly.
At least two mitigating or aggravating factors must be present to influence the sentencing range.

Why You Need Experienced Legal Representation

A Class 3 felony conviction can have life-altering consequences, including:

Lengthy Prison Sentences
Substantial Fines
Permanent Criminal Record
Loss of Civil Rights: Such as the right to vote or possess firearms.
Employment Challenges
Impact on Personal Relationships and Reputation

How We Can Help

Theodore Agnick at Ted Law is highly skilled in defending clients facing serious felony charges. We will:

Thoroughly Investigate Your Case: Examine all evidence to build a strong defense.
Protect Your Rights: Ensure your constitutional rights are upheld throughout the legal process.
Develop a Strategic Defense: Tailor our approach based on the specifics of your case.
Advocate Aggressively: Fight for the best possible outcome, whether through negotiation or trial.
Contact Ted Law for a Free Consultation
If you’re facing Class 3 felony charges in Arizona, time is of the essence. Early intervention can make a significant difference in the outcome of your case.

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 protect your rights and future.

Frequently Asked Questions

What distinguishes a dangerous offense from a non-dangerous one?

A dangerous offense involves the use or threat of a deadly weapon, causing serious injury, or discharging a firearm. These offenses carry harsher penalties and are not eligible for probation.
Is it possible to reduce a Class 3 felony to a lesser charge?

While challenging, it may be possible to negotiate reduced charges or sentencing with the help of an experienced attorney, depending on the specifics of your case.

How does prior criminal history affect sentencing?

Previous felony convictions can significantly increase sentencing ranges, leading to longer prison terms.

Protect Your Future with Ted Law
Facing felony charges is overwhelming, but you don’t have to navigate this challenging time alone. Attorney Theodore Agnick is dedicated to providing aggressive and effective legal representation.

Contact us today at (602) 453-3100 to discuss your case and learn how we can help you navigate the complexities of Arizona’s legal system.

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 to discuss your specific situation.

September 19, 2024

Understanding Class 5 Felonies in Arizona

In Arizona, there are two classes of crimes: felonies and misdemeanors. Each category is further divided into various degrees depending on how serious the crime is. In this article, we will talk about what a class 5 felony in Arizona entails.

If you have been charged with a crime in Arizona, it would serve you well to consult a criminal defense attorney here at Ted Law. Call our offices at (602) 453-3100 for an appointment with an experienced criminal defense attorney.

Class 5 Felony Sentencing Ranges Arizona
Class 5 Felony Sentencing Ranges Arizona

Characteristics of Felonies in Arizona

Arizona law distinguishes six classes of felonies. Class 1 felonies are the most heinous and include first-degree murder, whereas Class 6 felonies are the least severe and sometimes display characteristics closer to that of a misdemeanor.

Felony compared to Misdemeanor

Class 5 felonies, along with all felony classifications, possess these characteristics:

Felony sentences are longer than one year in length; misdemeanors normally are not longer than a year in sentence length.
Felony convictions may serve state prison terms; misdemeanors generally result in county jail time. Examples of Class 5 Felonies The Arizona statutes enumerate over 150 specific Class 5 felonies, which include: Drug possession Identity fraud Shoplifting Evading law enforcement Rioting Obstruction of justice Sentencing Ranges for Class 5 Felonies The sentencing ranges for Class 5 felonies is as follows: Presumptive: 1.5 to 2 years for those with no prior convictions. Mitigated: Minimum of six months for factors like age, stress, or remorse.
Aggravated: Up to eight years if, for instance a deadly weapon is utilized.

Consequences of Class 5 Felony Conviction
Apart from jail time, the sentence for a Class 5 felony can include substantial fines and forfeiture of civil rights like the right to vote coupled with possible difficulties securing a place to stay or credit as well as deportation if not a citizen.

Statute of Limitations
The statute of limitations for Class 5 felonies is seven years from the crime date, extendable if the accused leaves the state.

Defense Strategies
The defense against a Class 5 felony charge is not unique to the class but necessitates proof of the prosecution’s inability to meet standards the law dictates. Possible defenses include lack of sufficient evidence, flaws in procedure, or mitigating factors.

Why Choose Ted Law for Your Defense?

You will get all of the following with Ted Law:
In-depth case analysis for prosecutorial weaknesses.
Resources of forensic experts to refute evidence presented by the prosecution.
Thorough reviews of police conduct and evidence handling.
A Class 5 felony is serious, and facing it may be intimidating. At Ted Law, we guarantee you the best legal service to handle each obstacle professionally and with responsibility.

Contact Us Today
For aggressive defense against Class 5 felony charges, or any other accusation of a crime in Arizona, contact Ted Law at (602) 453-3100. You can also contact us online to set up a free initial consultation to discuss your options for a defense.