State laws and federal laws do not always align. This makes it possible to face one of two different types of charges when accused of a crime in Arizona: state and federal. Understanding the difference between these types of charges is important. This distinction will decide which jurisdiction applies to your case, the language of the specific law that you allegedly broke and the potential penalties that you might be facing as a defendant.
What Is a Violation of State Law in Arizona?
A state crime refers to a violation of one of the Arizona Revised Statutes. It is…
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Everyone makes mistakes. Unfortunately, some people end up with permanent criminal records because of their bad decisions. Once you’ve been introduced to the criminal justice system, it can be difficult to remove the stain that it has on your life, reputation, future and livelihood. If you wish for a fresh start, a few different options for sealing or erasing your criminal record may be available to you in Arizona.
Record Sealing vs. Expungement
Sealing a criminal record means to conceal it from the general public. The public, including individuals, employers and landlords, cannot view or access a sealed record. This…
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It is important to understand the potential consequences that you are facing if you’ve been arrested or charged with sexual assault in Arizona. State lawmakers do not take sex crimes of any kind lightly. The punishment for sexual assault is severe and generally involves imprisonment. Learning the exact language of Arizona’s sexual assault laws can help you gain a better understanding of your charges and legal options.
What Is Arizona’s Definition of Sexual Assault?
Sexual assault refers to engaging in sexual contact or activity with a person without the individual’s consent. In Arizona, the phrase, “sexual assault” is often used…
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When someone is convicted of a felony crime, many of his or her constitutional rights are stripped as part of the punishment. In Arizona, this includes the right to bear arms. In Arizona, state law (as well as federal law) prohibits the ownership of a firearm or even ammunition by convicted felons. You may be able to have your gun rights restored after being convicted of a felony in Arizona, however, after fulfilling certain requirements.
What Can Make You Lose the Right to Bear Arms in Arizona?
Arizona’s gun laws are relatively relaxed. It is seventh on the list of…
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Protesting is a fundamental right under the First Amendment of the U.S. Constitution. However, protests can go wrong and become riots or unlawful assemblies – sometimes resulting in the detainment or arrest of protesters. In some cases, the police have even been known to unlawfully detain protesters for any reason or no reason at all. Learn how to defend your rights if you get arrested at a protest.
The Right to Take Pictures or Video
If you witness someone else getting arrested at a protest, or if you can still use your phone after being detained for protesting, you…
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For centuries, protests have been a way for the public to make changes on a political, social or economic level. Protesting is an important form of freedom of speech, as well as a way for the public to petition the government. It is protected under the First Amendment of the U.S. Constitution. However, this does not mean that the police won’t look for reasons to arrest protesters.
Your Right to Protest Is Protected by the Constitution
The First Amendment states that Congress can make no law abridging the people’s right to freedom of speech, freedom of the press, to peaceably…
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In Arizona, you could be charged with the crime of resisting arrest on top of the crime(s) for which you were arrested to begin with. If the resisting arrest charge sticks, you could face serious additional penalties – including a felony conviction. A criminal defense attorney in Phoenix can help you combat the criminal charge of resisting arrest as part of your defense strategy.
What Constitutes “Resisting Arrest?”
According to Arizona Revised Statutes Section 13-2508, a person commits the crime of resisting arrest by intentionally preventing or attempting to prevent a law enforcement officer from effecting an arrest by…
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False arrest, also known as false imprisonment, is a wrongdoing that is committed by the police when they take someone into custody without legal authority. False arrest can also involve a private party holding someone against their will. It is a crime as well as a civil tort in Arizona, which means a victim of false arrest can file a lawsuit for financial compensation against the perpetrator.
What Makes an Arrest Unlawful?
Being detained, restrained, imprisoned or held by someone without legal authority is false arrest. This includes being detained or arrested by the police if the law enforcement…
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Ghost guns have become more of an issue in recent years. Ghost guns are homemade, untraceable firearms that are often made with do-it-yourself kits or 3D printers. Ghost guns are allowed in most states, including Arizona. Getting caught with a ghost gun under the wrong circumstances, however, can still lead to legal trouble.
What Is a Ghost Gun?
A ghost gun is a homemade firearm. These weapons are untraceable by law enforcement, as they do not come from licensed manufacturers. They do not contain serial numbers that law enforcement typically uses to track where a firearm goes and whom it…
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Although Arizona has a reputation for strict laws and enforcement, it is permissive when it comes to firearm laws. In Arizona, the law allows any person who is 18 or older to open carry a firearm, and anyone who is at least 21 years old to conceal-carry a firearm without requiring a permit – including carrying it in their vehicles. This is known as a Constitutional Carry Law. Arizona was the third state after Vermont and Alaska to enact this law.
The Law on Carrying a Gun in Your Car in Arizona
In Arizona, the state’s gun laws allow adults…
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Arizona is known for its strict criminal laws and penalties. On April 1, 2021, however, Governor Doug Ducey signed House Bill (HB) 2067 into law, which eases the restrictions on obtaining occupational licenses for people with criminal histories. With the passing of HB 2067, people who have been convicted of certain criminal offenses in Arizona have the opportunity to seek a Certificate of Second Chance – opening the door to greater occupational licensing, employment and housing opportunities.
What Is Arizona House Bill 2067?
House Bill 2067 amends Arizona Revised Statutes Section 13-905, which is the law that allows people…
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The expungement of an arrest or conviction record means that the courts seal or erase a person’s criminal record, blocking it from view by employers, landlords and others. Unlike most states, however, Arizona does not allow for record expungement. Instead, eligible parties can apply to have their convictions set aside. Find out if you are eligible for having your conviction set aside with assistance from an attorney.
What Is the Difference Between Expungement and Setting a Conviction Aside?
With record expungement, the courts seal or erase the record, making it as though it never existed. To most people and agencies,…
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