It is a federal law, not just a state law, that prohibits individuals who are convicted of felony crimes from owning guns. The right to bear arms is one of multiple civil rights that a convicted felon loses in Arizona, as well as the right to vote and travel to certain countries. However, you may be able to restore your right to own a gun in Arizona by having your record expunged or set aside.
Gun Ownership Laws in Arizona
Felons automatically become “prohibited possessors” of firearms under federal law. Anyone who is convicted, or found guilty, of
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Arizona Expungement Laws
In Arizona, state law permits certain individuals who have arrests, criminal convictions or sentences on their permanent records to have these records sealed or expunged. This law has been in effect since December 31, 2022, replacing what used to only allow for the setting aside of criminal records.
What Is Criminal Record Expungement?
Expungement is a legal process that allows someone who has a prior criminal conviction on his or her record to erase or seal it from public view. Record expungement can give an individual a fresh start, free from stigmas and challenges that are associated with having a…
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What Is Considered a Class 4 Felony in Arizona?
Arizona categorizes felony offenses into six different classes based on the severity of the crime. The smaller the number, the more severe the offense. A class 4 felony falls close to the middle of the spectrum. It is more severe than class 5 and 6 felonies, but less severe than class 3, 2 and 1 felonies. Many different crimes in Arizona are categorized as class 4 felonies.
Class 4 Felony Crimes in Arizona
In Arizona, there are infractions, misdemeanors and felonies, with felonies being the most serious type of crime. A felony conviction of any class can lead to a…
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Do “No Trespassing” Signs Apply to Police Officers?
In Arizona, posting a “No Trespassing” sign on your property could prevent police officers from entering to conduct a search or seizure. The United States Constitution grants individuals a right to expect privacy on their own properties. However, there are circumstances where law enforcement can bypass a “No Trespassing” sign and legally enter a property in Arizona.
The Fourth Amendment and Your Privacy Rights
The Fourth Amendment of the U.S. Constitution protects the right of American citizens to feel secure in their “persons, houses, papers, and effects, against unreasonable searches and seizures.” This prevents the police from entering or searching…
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Is There a Difference Between Being Arrested and Detained?
During a criminal case, the terms “arrested” and “detained” are often used interchangeably. However, these are two different situations with important legal distinctions. Whether you have been detained or arrested in Phoenix, your legal rights remain the same – including the right to remain silent and the right to have a Phoenix criminal defense attorney represent you.
What Is an Arrest?
An arrest means that law enforcement has taken a suspect into their physical custody based on probable cause that the individual has committed a crime. A person who has been arrested will not be released from police custody until…
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What Is “Wet and Reckless” Charge?
A “wet and reckless,” often shortened to wet reckless, is a type of plea bargain where a prosecutor in Arizona agrees to reduce a misdemeanor driving under the influence (DUI) charge down to a reckless driving charge. This can result in lesser penalties and reduced impacts on the defendant’s life, freedom and future.
What Does it Mean to Be Charged With a Wet and Reckless?
A wet and reckless charge, like a standard DUI, is a misdemeanor criminal offense in Arizona. However, it generally carries less serious penalties than a DUI. It falls under Arizona’s reckless driving statute (Arizona …
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What Happens if You Turn Yourself in for a Crime in Arizona?
If you receive a notice that there is a warrant out for your arrest, you may be wondering what to do. This situation can cause a great deal of anxiety and uncertainty about your future. If you opt to turn yourself in with assistance from a criminal defense attorney, you can navigate the legal process in a way that benefits you as much as possible.
What Does it Mean if There Is a Warrant Out for My Arrest?
An arrest warrant is an order issued by a judge based on the belief that there is probable cause to suspect…
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What Is Vehicular Assault in Arizona?
Vehicular assault is classified as an aggravated assault charge in Arizona. This is a felony charge that can have serious consequences, including mandatory prison time. If you or a loved one is facing vehicular assault charges in Phoenix, Scottsdale, or elsewhere in Arizona, consult with an Arizona vehicular aggravated assault lawyer at Corso Law Group as soon as possible about your case.
Arizona’s Definition of Vehicular Assault
In Arizona, a vehicle is viewed as a deadly weapon. This means that an assault involving a vehicle is referred to as aggravated assault under A.R.S. § 13-1204. In Arizona, a person…
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Can Police Officers Search Your Vehicle at a DUI Checkpoint in Arizona?
In Arizona, law enforcement agencies are permitted to set up driving under the influence (DUI) checkpoints to look for potentially impaired or intoxicated drivers. During a stop at a DUI checkpoint, knowing your rights can mean the difference between driving away and being arrested on suspicion of DUI. This includes your right to be free from unreasonable vehicle searches and seizures.
The Fourth Amendment Protects Against Unreasonable Search and Seizure
The Fourth Amendment of the United States Constitution gives the people the right to be secure in their “persons, houses, papers, and effects” against unreasonable searches and seizures. This right…
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Can You Get Arrested for Road Rage in Arizona?
Road rage is a relatively common issue among drivers in Arizona. It is not unusual for a driver to get upset, frustrated, or angry when another driver breaks a traffic law or almost causes an accident. Although road rage itself is not a crime in Arizona, various actions often connected to road rage could lead to an arrest.
Criminal Charges Often Associated With Road Rage
Road rage is not technically illegal in Arizona. A driver will not get arrested simply for being angry at another driver or frustrated by traffic conditions. However, if a road rage episode escalates into aggressive,…
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What Is Premeditation in a Criminal Defense Case?
Premeditation is a key concept in criminal law – particularly in homicide cases. Whether or not a crime was premeditated is a critical factor in determining the degree of the offense and the penalties imposed against the defendant upon conviction. Understanding the role of premeditation in your criminal defense case can help you learn what to expect from the process ahead.
What Is the Legal Definition of Premeditation?
According to Arizona Revised Statutes Section 13-1101 – definitions for the state’s homicide law – premeditation means to “act with the intention or knowledge that the defendant will kill another human being,…
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The Difference Between Manslaughter and Negligent Homicide
If you are facing criminal charges for allegedly being responsible for the death of another person, it is critical to understand the nuances of Arizona’s homicide laws. The distinction between manslaughter and negligent homicide, for example, can make an enormous difference to the potential penalties and consequences associated with a conviction.
What Is Manslaughter?
Under Arizona Revised Statutes (ARS) Section 13-1103, manslaughter means to recklessly cause the death of another person. Unlike a murder charge, manslaughter does not require proof of intent to kill or even injure a victim. Manslaughter does not have an element of premeditation or intent…
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The Consequences of a Reckless Driving Conviction: Fines, Points and License Suspension
Reckless driving is a dangerous driving behavior that lawmakers in Arizona wish to discourage by imposing harsh fines and penalties against perpetrators. If you are convicted of a reckless driving charge in Arizona, you could face consequences such as fines, points against your driving record and driver’s license suspension. You may also be at risk of insurance increases, a permanent criminal record and potential jail time, depending on the circumstances.
What Is Arizona’s Definition of Reckless Driving?
Under Arizona Revised Statutes Section 28-693, reckless driving means to operate a vehicle with a reckless disregard for the safety of other…
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The Impact of a Criminal Traffic Ticket on Your Driving Record and Insurance Rates
given to drivers who commit serious moving violations, such as drunk or reckless driving. Getting a criminal traffic ticket can negatively affect your driving record by assessing points to your driver’s license. It may also result in higher insurance rates.
Arizona’s Points Assessment System
Arizona uses a point system to encourage safe driving practices. Under this system, a driver can receive a certain number of points assessed against his or her permanent driving record upon being convicted of a traffic violation. If eight or more points are accumulated within a 12-month period, the driver may suffer license suspension or be…
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Understanding the Different Types of Criminal Traffic Offenses
As a driver in Arizona, you have a responsibility to obey all traffic laws and roadway rules that apply to you. While you may know that you can get pulled over and be written a ticket for a traffic offense, you may not realize that certain traffic violations can lead to arrests and criminal charges being brought against you. Understanding the different types of criminal traffic offenses in Arizona can help you stay on the right side of the law.
Noncriminal Traffic Offenses
There are two main types of noncriminal traffic violations in Arizona: moving and parking. As the name…
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The Difference Between Criminal and Noncriminal Traffic Offenses
Traffic offenses in Arizona can be classified as criminal or noncriminal. The distinction will depend on the nature and severity of the offense, such as if it endangered lives. In Arizona, criminal traffic offenses are frequently penalized harshly to discourage repeat offenders. Whether you are facing criminal charges or a noncriminal traffic ticket for an offense in Arizona, the attorneys at Corso Law Group can help.
Criminal vs. Noncriminal Traffic Offenses in Arizona
A driver could face a noncriminal moving violation in Arizona for breaking a traffic law, such as exceeding the posted speed limit, running a red light or…
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