Arizona Violent Crimes Attorney
When it comes to defending against charges related to violent crimes in Arizona, DwaneCates.Com, PLLC stands as a beacon of experience and legal expertise. Our firm has a strong history of successfully representing clients in cases involving various violent offenses. If you or a loved one is facing charges related to violent crimes, it’s essential to have a dedicated Arizona Criminal Defense Attorney with the right experience by your side.
If you or a loved one is charged with a violent crime in Arizona, remember that you don’t have to face the legal process alone. Contact Dwane Cates, PLLC today for a consultation. Our firm is committed to providing top-notch legal representation, protecting your rights, and striving for the best possible outcome in your case. Trust us to be your advocates during this challenging time.
A simple assault is a misdemeanor offense charge that occurs when someone either threatens or uses physical force to instill fear or cause suffering by way of bodily harm. There are three different levels of a simple assault charge according to the guidelines set forth by Arizona Revised Statutes ARS § 13-1203, which are Class 1–3 misdemeanors with penalties as follows:
Class 3 Misdemeanor Assault:
A simple assault in which the offender in any way touched someone else with the intent to either provoke, injure, or otherwise harm them. A Class 3 misdemeanor assault may result in as many as 30 days in jail with fines up to $500.
Class 2 Misdemeanor Assault:
When a simple assault is given a class 2 misdemeanor charge, it means the alleged offender threatened to harm or cause injury to someone else and carries with it a potential for up to 4 months in jail along with up to $750 in fines.
Class 1 Misdemeanor Assault:
A simple assault is a class one misdemeanor, because, allegedly, the assault resulted in physical injury or actual harm to another person. If convicted, this charge can result in as much as 6 months in jail as well as potential fines of as much as $2,500.
Our firm has handled numerous assault cases, providing effective defense strategies tailored to the unique circumstances of each case. We understand the complexities of Arizona’s assault laws and will vigorously advocate for your rights.
The way a misdemeanor assault becomes a felony aggravated assault when the assault is aggravated, or made worse, by some other factor. The most common factors that aggravate an assault are when the assaulter uses a weapon or causes serious physical injury to another person.
Major reasons an assault becomes considered an aggravated assault:
-If the assault causes “serious physical injury.”
-If “a deadly weapon or dangerous instrument” was used during the assault.
-If the assault causes temporary but substantial “disfigurement” or “loss or impairment of a bodily organ” or a if it causes a fracture.
-If the victim is bound, restrained, or their ability to resist is “substantially impaired.”
-If the assault occurs in the victim’s home.
-If an adult commits an assault on child under 15.
-If the defendant knows that the victim is a police officer.
-If the defendant knows the victims is a firefighter, health care practitioner, teacher prosecutor, public defender, or judge AND the victim is engaging in their public duties when the assault takes place.
-If the defendant takes or attempts to take a police officer’s weapon during the assault.
-If a prisoner assaults a guard.
-If the defendant uses a “simulated deadly weapon” during the assault.
Our firm has handled numerous assault cases, providing effective defense strategies tailored to the unique circumstances of each case. We understand the complexities of Arizona’s assault laws and will vigorously advocate for your rights.
Robbery is a class 4 felony charge that is different from theft in that it requires use of force or threat in the presence of the victim.
Under Arizona’s theft laws, a person commits robbery if:
In the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property.
If you are convicted of Robbery charges, you could face probation or up to 15 years in prison, with sentencing influenced by the presence of prior felony convictions.
If you’re charged with robbery, Dwane Cates, PLLC can provide the legal representation you need. Our attorneys are well-versed in Arizona’s robbery statutes and have successfully defended clients in such cases.
Aggravated robbery is defined as a robbery in which the perpetrator is accompanied by one or more accomplices during the commission of the crime.
As stipulated by the Arizona criminal code, aggravated robbery is classified as a class 3 felony, making it a more severe offense compared to a standard robbery charge. Consequently, the potential penalties for aggravated robbery encompass options such as probation with a maximum of one (1) year in county jail or a prison sentence ranging from two (2) to eight and three-quarters (8.75) years in a state correctional facility. However, an individual’s prior criminal record can significantly impact the sentencing outcome.
If you’re charged with robbery, Dwane Cates, PLLC can provide the legal representation you need. Our attorneys are well-versed in Arizona’s robbery statutes and have successfully defended clients in such cases.
An armed robbery offense occurs when an individual commits a robbery while either being in possession of a dangerous weapon (or simulated weapon) or by threatening to use a dangerous weapon (or simulated weapon). This form of robbery offense is particularly severe due to the presence or threat of a weapon.
As delineated in the state’s criminal code, armed robbery is classified as a class 2 felony, categorized as a ‘dangerous offense’ felony within Arizona. Consequently, the potential penalties for armed robbery are notably harsh. In the event of a conviction for armed robbery, the defendant may potentially face a prison sentence ranging from seven (7) to twenty-one (21) years in a state correctional facility. It’s essential to bear in mind that if the defendant possesses a prior criminal record that includes a ‘dangerous’ offense conviction, these penalties can be heightened.
If you’re charged with robbery, Dwane Cates, PLLC can provide the legal representation you need. Our attorneys are well-versed in Arizona’s robbery statutes and have successfully defended clients in such cases.
Kidnapping is a crime in the state of Arizona and is defined as “knowingly restraining another person” intending to hold the person for reasons such as collecting ransom, using the person as a shield, inflicting serious harm or killing the person, interrupting a political event, or to take control of a plane, bus, or other vehicle.
Often, kidnapping charges come within the definition of A.R.S. 13-1304 because a hostage is taken to “aid in the commission of a felony.”
Kidnapping charges in Arizona are categorized as class two, three, or four felonies, each with distinct elements and potential penalties.
Fourth Degree Kidnapping (Class Four Felony): A fourth-degree kidnapping charge is applicable if the defendant voluntarily releases the alleged victim to a safe location without subjecting them to physical harm, sexual acts, ransom demands, or other specified offenses. This charge implies a less severe level of harm or threat during the incident.
Third Degree Kidnapping (Class Three Felony): For a class three felony kidnapping charge, the defendant must not have caused any physical harm to the victim. Additionally, they must have engaged in negotiations with law enforcement to secure the victim’s release before actually releasing them. This category reflects a situation where the victim’s safety is ensured without harm inflicted by the defendant.
Second Degree Kidnapping (Class Two Felony): Kidnapping is classified as a class two felony when certain aggravating factors are present. These factors include not voluntarily releasing the victim, causing injuries to the victim, committing sexual offenses against the victim, using the victim in the commission of a felony, or engaging in other specified offenses outlined in Arizona Revised Statute § 13-1304. This level of kidnapping indicates a more serious offense involving harm, sexual acts, or other criminal activities.
In Arizona, felony kidnapping convictions often result in a presumptive sentence, which is a predetermined duration of imprisonment. However, the final sentence can be adjusted based on various circumstances.
Sentence Enhancement and Mitigation: The sentence can be enhanced if the alleged offender used a deadly weapon during the kidnapping, leading to ‘aggravating’ factors that increase the penalty. Conversely, ‘mitigating’ factors, such as the defendant’s age, mental capacity, or level of involvement in the offense, can potentially lead to a reduction in the sentence.
It’s essential to consult with an experienced criminal defense attorney to fully understand the potential outcomes and legal strategies related to kidnapping charges in Arizona.
Kidnapping charges can carry severe consequences, but our firm is prepared to protect your interests. We have the experience to navigate Arizona’s kidnapping laws and build a strong defense on your behalf.
Domestic violence encompasses various forms of violent or threatening behavior, including emotional abuse, perpetrated by one family or household member against another. These acts can range from physical and sexual assault to stalking, emotional manipulation, control tactics, threats, and coercion.
Under Arizona’s domestic violence law, an offense is classified as a ‘domestic violence offense’ if any of the following criteria apply:
- The relationship between the victim and the defendant involves marriage or former marriage, cohabitation, or having lived together in the same household.
- The victim and the defendant share a child in common.
- The victim is pregnant by the defendant.
- The victim is related to the defendant or the defendant’s spouse by blood or court order, including parent-child, grandparent-grandchild, sibling, or in-law relationships.
- The victim is a child residing or having resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to someone who has lived in the same household as the defendant.
- The relationship between the victim and the defendant is or was a romantic or sexual relationship.
In Arizona’s legal framework, domestic violence is often not a standalone crime but rather a distinct category that can be applied to other offenses based on the relationship between the defendant and the victim. This means that many offenses can be labeled as ‘domestic violence’ crimes, including assault, criminal damage, disorderly conduct, and threats or intimidation.
Penalties for domestic violence offenses are closely linked to the underlying criminal charges. If the underlying charge is a misdemeanor, the domestic violence charge will also be a misdemeanor. Similarly, a felony charged with domestic violence will retain its felony classification, such as a class 6 or class 5 felony.
Special penalties for domestic violence offenses may include mandatory domestic violence counseling or classes.
Additionally, if an individual is convicted of three domestic violence charges, a fourth charge may be elevated to aggravated domestic violence, constituting a felony offense even if the initial charge would have been a misdemeanor.
Domestic violence allegations require a skilled and compassionate approach. Dwane Cates, PLLC has represented numerous clients facing domestic violence charges, ensuring that their rights are upheld throughout the legal process.