Robert A. Dodell Law Offices

Felonies are always charged as "Aggravated DUI" or "Aggravated DWI". You can be subject to felony penalties on any DUI charge if (1) you are driving while your driver's license was restricted, suspended, revoked or canceled; (2) if convicted of a third DUI, with a valid license, within 72 months from the first violation; (3) driving under the influence when an ignition interlock is required; or (4) driving under the influence with a child, under 15 years of age, in your car.

We can provide you with an aggressive legal defense for a felony DUI case. Get in touch with Robert A. Dodell to hire an experienced Felony DUI Lawyer.

Prior Convictions in Arizona

The following are all considered a “historical prior felony conviction”:

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Any prior felony conviction that mandated a term of imprisonment except for a violation of Chapter 34, Title 13 involving a drug below the threshold amount. See R.S. § 13-105(22)(a)(i).
Any prior felony conviction that involved a dangerous offense. See R.S. § 13-105(22)(a)(ii). A “dangerous offense” is any offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See A.R.S. § 13-105(13).

Any prior felony conviction that involved the illegal control of a criminal enterprise. See R.S. § 13-105(22)(a)(iii). Surprisingly, “criminal enterprise” is not defined in the Arizona Revised Statutes or case law. The State would most likely argue that any prior felony conviction where a person was convicted along with one or more co-defendants was “involved in the illegal control of a criminal enterprise.”
Any prior felony conviction that involved aggravated driving under the influence of intoxicating liquor or drugs. See R.S. § 13-105(22)(a)(iv).
Any prior felony conviction that involved any dangerous crime against children as defined in A.R.S. § 13-705. See R.S. § 13-105(22)(a)(v). A “dangerous crime against children” is basically any sexual or violent crime where the victim is under age 18.
Any Class 2 or 3 felony other than those listed in subsection (a) above that was committed within the ten years immediately preceding the date of the present offense. See R.S. § 13-105(22)(b).
Any Class 4, 5 or 6 felony other than those listed in subsection (a) above that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(c).
Any felony conviction that is a third or more prior felony conviction. For the purposes of this subsection, “prior felony conviction” includes any offense committed outside of Arizona that was punishable by that jurisdiction as a felony. See R.S. § 13-105(22)(d).
Any offense committed outside of Arizona that was punishable by that jurisdiction as a felony and that was committed within the five years immediately preceding the date of the present offense. See R.S. § 13-105(22)(e).
Any offense committed outside of Arizona that involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of death or serious physical injury and that was punishable by that jurisdiction as a felony. A person who has been convicted of a felony weapons possession violation in any court outside of Arizona that would not be punishable as a felony under the laws of Arizona is not subject to this paragraph. See R.S. § 13-105(22)(f).

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Is A Hit And Run Considered A Felony In Arizona?

Yes, a hit and run accident that causes death or serious physical injury is considered a felony. The charges might vary depending on the circumstances of the accident. However, a hit and run accident is considered a class 2 felony where there is death or serious physical injury.If the defendant fled the scene of the crime, but didn’t cause the accident in the first place, he/she will be charged with a class 3 felony.

On the other hand, a class 5 felony is charged if the hit and run doesn’t cause serious physical injury or death. Note that, if you’re involved in any vehicular accident with property damage, after which you flee the scene, you can be charged with class 3 misdemeanor.

In addition to the criminal penalties such as jail or prison time and fines, the driver’s license can be suspended or revoked.

What To Do Once You’re Involved In A Vehicular Accident

First, provide your full name, address and registration to the responding police officer or to the other driver. If the other driver requests to see your driver’s license, you’re supposed to do so. If the other driver gets serious injuries from the accident that requires first aid, you need to administer it and call for assistance. As mentioned above, failure to do any of these duties can, and often does, result in criminal sanctions.

If you don’t stop immediately after an accident, you should return to the scene as soon as possible. After a hit and run accident, you need to find a good legal team for your case. That way, you can explore possible defenses that will reduce your charges considerably.

Choosing A Good Legal Team

You need to find an experienced attorney to handle your hit and run case, if you’re involved in one that causes serious harm or death to any third parties. Here are a few things to consider when looking for a good attorney to handle your case.

Exceptional Legal Education – Remember, simply because someone passed the bar exam doesn’t mean that they have exceptional legal education. Therefore, look for a lawyer who attended an accredited law school among other certifications.
Experience – You need to choose an attorney who has enough experience handling hit and run cases in Arizona. Consider issues such as the number of years he/she has been practicing law, the number of cases handled during those years and the number of cases resulting in overall dismissal of charges, plea bargain to a lesser offense or a not guilty verdict.
Sufficient Resources – Find an attorney who can award sufficient time and resources to your cases. It’s a known fact that most cases end up being lost because the attorneys are overworked or don’t have enough time to investigate or defend your case accordingly.
Communication Skills – Finally, you need someone with exceptional communication skills to take you through the case accordingly. That way, you’re aware of your standings, the charges and your verdict. The attorney should be available at all times.

Penalties for Possession of Drugs for Sale in Arizona

In Arizona, you know you’re facing a serious felony if police officers arrest on charges of drug possession with the intention to sell or distribute. You can still be facing charges of possession with intent to sell even if they catch you with drugs for your personal use. This will depend on the configuration, quantity, and the presence of circumstantial evidence. A conviction can lead to some serious jail or prison time.

With the help of a reputable criminal defense lawyer like Robert A. Dodell, Attorney At Law, you can challenge the felony charge in court. In some cases, police officers file a charge of intent to sell even if all the evidence and facts point to a lighter drug possession offense. A competent lawyer can dispute the charge, work to reduce it to a lighter offense that comes with less serious penalties.

Felony Drug Possession and Intent to Sell Laws in Arizona

In Arizona, there are 3 main categories of drugs. These are marijuana, narcotics, and dangerous drugs. Narcotics include heroin, cocaine, morphine, opium, and oxycodone, among others. Under dangerous drugs are substances such as steroids, ecstasy, LSD, methamphetamine, GHB, hallucinogenic mushrooms, clonazepam, mescaline, and lorazepam.

To be arrested for possession with intent to distribute or sell, there must be enough amount of drugs in your possession. The volume that will determine whether or not the charge is appropriate is known as the statutory threshold amount.

Following are some of the common threshold amounts:

Crack or Base Cocaine – 750 mg

Cocaine – 9 g

Methamphetamine – 9 g

PCP – 4 g

LSD – 50 dosage units or ½ ml

Heroin – 1 g

Even if you do not intend to sell, you can be charged with the felony if the amount of drugs caught in your possession exceeds the threshold.

Possession of Dangerous Drugs for Sale

If you are carrying a substance that is classified under dangerous drugs, at a volume exceeding the substance’s threshold amount, you can face charges of possession of dangerous drugs with intent to sell.

Under the Arizona drug laws, conviction for possession of dangerous drugs for sale carries a maximum jail sentence of 12.5 years if it is only your first felony conviction. It is a class 2 felony.

Some dangerous drugs are under stricter sentencing guidelines. For example, you won’t be eligible for sentence suspension, parole, or probation if you’ve been arrested for possession of methamphetamine. This is under ARS 13-3407.

Possession of Narcotics for Sale

You may be arrested for the felony if you are caught with narcotics in your possession that exceed the statutory threshold. A class 2 felony under ARS 13-3408, it carries a 12.5-year maximum prison sentence if it is only your first felony conviction.

Other Possible Penalties for Intent to Sell Charges

If convicted for the crime of possessing dangerous drugs or narcotics for sale, and you’re placed under probation or your sentence has been suspended, you will be under numerous strict conditions. For one you will need to serve 360 hrs. of community service, at the minimum as one of the mandatory conditions for your probation.

Considering the severity of the crime you are charged with, this can be seen as a good outcome. A reputable criminal defense lawyer can work to reduce your charges, and have your sentence suspended. Like you, your lawyer’s goal is to keep you from receiving a jail sentence.

To do this, your attorney will challenge the prosecution. The prosecution will try to prove that all facts necessary for a conviction are present. You lawyer will work to throw out all evidence against you that were gathered in an illegal manner. Your constitutional rights protect you against unlawful search and seizure, and police officers have the tendency to push your rights to the limits.

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Is Threatening Someone a Crime in Arizona?

In Arizona What is a Threatening or Intimidating Crime?

It is a crime to intimidate or threaten violence under Arizona’s Threatening or Intimidating Statute; it is also illegal to threaten serious damage to property. Under ARS 13-1202, threatening or intimidating is a serious offense that’s charged either as a felony, depending on the circumstances.

With the charge, there does not have to be physical contact to the alleged property or victim. The victim simply has to report a genuine threat. Threatening or intimidating does not even require that the victim experienced any fear.

Threatening or intimidating cases typically arise from uncorroborated claims from biased victims. The allegation of threat may even be made up, blown out of proportion, or simply exaggerated. The victim may report the charge out of frustration, vindication, or anger as opposed to a genuine concern for property or safety.

Under ARS 13-1202(A)(1), threatening or intimidating is typically charged as a Class 1 misdemeanor. It can be charged as a Class 6 felony in some rare cases when it is alleged that the threat was made in retaliation to a victim reporting criminal conduct Threatening or intimidating can also be charged as a a Class 6 felony when it involves criminal street gangs. It can be charged under ARS 13-1202(A)(3) as a Class 3 felony if made to promote the gang or to get a person to participate in gang activities.

The threatening and intimidating charge, however, is most common in domestic abuse cases and those are typically filed as misdemeanors.

Penalties for Threatening or Intimidating Under Arizona Law

Misdemeanor Threatening or Intimidating

Threatening or intimidating is charged as a Class 1 misdemeanor where the person committing the offense, either by word or conduct, threatens to cause physical injury to another person or serious damage to another’s property. The threat is also a Class 1 misdemeanor where the person causes, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility. A Class 1 misdemeanor carries up to a 6-month jail term, $4500 in fines and surcharges, as well as up to 3 years of probation. If it is charged as a domestic abuse offense, the defendant may lose their gun rights and be required to take mandatory domestic violence classes.

Felony Threatening or Intimidating

Threatening or intimidating can be charged as a Class 6 felony if the alleged threat or intimidation is made in retaliation to the reporting of a crime, such as in a domestic violence or assault situation. It carries up to a 2-year prison sentence on a first offense. The most serious penalties are in Class 3 felony cases. On a first offense, the defendant may face a prison sentence of up to 8.75 years.

Potential Defenses to Threatening or Intimidating Charges

No Threat Was Actually Made

Charges may be fabricated at times, particularly in domestic violence cases. Anger, blame shifting, vengeance, custody, divorce, and cheating are some of the most common motivators in most cases. Drugs and alcohol can also lead to distorted or exaggerated claims.

It Was Not a Genuine Threat

The State is not necessarily required to demonstrate that the defendant acted with wrongful intent, had the ability to actually carry out the threat, or planned to carry out the threat, but it still has to prove a “threat” was communicated.

The Alleged Threat Is Not Criminal

A huge difference exists between criminal conduct and rude/offensive behavior. Arizona criminalizes behavior that involves violence, fighting, and genuine threats. However, it does not label people as criminals because they lack control/ respect or they act rude/offensive.

Self-Defense

In Arizona, people are allowed to threaten physical force if it seems reasonably necessary to protect against the attempted or actual use of unlawful physical force. Threatening and intimidation is mostly justified when facing physical force to deter that violence.

1st Amendment Rights

The 1st and 4th Amendments of the United States Constitution protect free speech. However, free speech is not absolute. “Fighting words” are not permitted under the law. Fighting words are those likely to provoke a violent reaction in regular people. Crude/vulgar language might be protected under the law, but fighting words are not.

Is threatening someone a crime in Arizona? Yes, it is, and it depends on the circumstances. If in doubt, it is always advisable to consult a criminal defense lawyer to make your case. If you find yourself facing threatening and intimidating charges, get in touch with an experienced lawyer to help with your defense.