Common Defenses Against Aggravated Assault Charges

What is an Aggravated Assault and Common Defenses?

Aggravated Assault is defined under ARS 13-1204. The law provides that there is aggravated assault when there is an “assault,” and the following elements occur at the same time as the assault.

What Is Aggravated Assault?

Before discussing defenses, you have to first find out what assault means. Assault occurs when a person:

  • Intentionally, knowingly, or recklessly causes physical injury to another person
  • Intentionally puts another person in reasonable apprehension of imminent bodily injury
  • Knowingly touches another person with the intent to injure, insult, or provoke said person

If any of the above occurs, that’s legally recognized as an assault. For it to be “aggravated assault,” the following elements must also be present:

  • That the physical injury caused is serious
  • The person uses a deadly weapon or a dangerous instrument
  • A person commits assault via the use of force that results in substantial but temporary disfigurement, substantial but temporary impairment, or loss of any organ or any part of the body

Defenses Available

Due to the complexity of the law, there are several defenses available for a person charged with aggravated assault. Since this is a criminal case, the burden of proof is on the State to prove the offense. This means that the State must be the one who proves that all the elements mentioned above are present.

So what defenses can you use? Here are some options:

Self-Defense

Arizona law allows for self-defense as a possible reason to invalidate aggravated assault charges. Self-defense is allowed if you are protecting yourself from a perceived and imminent threat. This means that, while there was physical force or threats on your part, you only did so because the other person made you believe that it was necessary to protect yourself immediately. Typically, this defense is only accepted if the force you used to protect yourself is proportionate to the perceived threat. Hence, if someone is readying himself to punch you, then you can preemptively punch him first. This is considered an appropriate response – but stabbing them is not.

Defense of Others

The law also extends the privilege of self-defense to other people. For example, if you see a loved one or a friend being threatened or in what appears to be imminent danger. If this is the case, you can step in and use the appropriate amount of force to defend that person. Note though that you are still limited by the perceived attack. It has to be an appropriate response, which means that the physical force you use is not excessive, considering the physical abuse that the other person threatens.

Causation

Causation is also a good defense. It simply puts into question the validity of the perceived connection between the “injury” and the physical violence or threat. It answers the question: is the injury caused by the person being charged with the crime? For example, if a person is drunk – it can be argued that their injury was their own fault, or the injury would have occurred even without the intervention of the accused. This is also a possible defense in instances where the injury occurred in crowded places, putting into question the possibility that some other person did the damage.

Violation of Constitutional Guarantee

Another good defense is by questioning the validity of the evidence and having it eliminated from the presentation. This occurs when authorities collect evidence without the benefit of a search warrant or warrant of arrest. Any evidence obtained without a warrant may be excluded from presentation and therefore, may not be considered when a decision is being made by the judge. This is one of the most fundamental policies of the State, and it can be tough for the prosecution to bargain against it. With vital evidence gone from the table, a State’s case becomes more difficult.

Consulting the Right Arizona Lawyer

The possibilities for an aggravated assault defense are numerous, with the law requiring the highest quality of proof before deciding on the case. This is why the right lawyer is important, giving you the chance to break down the situation into pieces that can be analyzed and presented in the best light. Due to the many factors involved here, it pays to have someone with the experience and legal know-how to present your stance in the most favorable light. Hiring the right lawyer, like Robert A. Dodell, can help get the right result.

 

 

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Police Investigate Even Minor Hit and Runs

Police are mandated to investigate any hit and run accidents, even minor ones that only involve slight damage to property and no physical injuries or if alcohol is involved. So, do not think the police will not get involved.  You should not neglect your legal duties in case you are involved in an accident under applicable Arizona laws.

A hit and run is defined as a traffic accident in which a driver leaves the scene without fulfilling their legal duties as a party to the collision. Under Arizona law, two major statutes define your legal duties if you are involved in a hit and run.

Under ARS 28-663, if you are the driver of a car that is involved in an accident that resulted in death or injury, or damage to a vehicle driven or attended by a person, your duties are to:

  1. Provide your name and your car’s vehicle registration number
  2. If requested, show your driver’s license to the driver, persons struck, or the occupants of the car as well as persons attending them
  3. Provide reasonable aid to persons injured in the accident, including first aid. If it is apparent that the injured persons need treatment, you must make arrangements to get them to a physician or hospital

Under ARS 28-662, if you’re involved in an accident involving only damage to a vehicle attended or driven by a person, your legal duties include:

  1. Stopping your vehicle at the accident scene or near it but return immediately to the scene
  2. Remaining at the scene until you meet the requirements of ARS 28-663
  3. Stopping without unduly obstructing traffic

Here are several hit and run scenarios and their corresponding penalties if you fail to meet your legal duties:

  • Hitting an unoccupied parked vehicle
  • Failing to meet your legal duties is a class 3 misdemeanor, which carries with it a fine of $500, up to 30 days in jail, and 1 year probation. However, you can meet your legal duties in this case by leaving a note on the windshield with the relevant information.
  • An accident that causes damage to an occupied vehicle
  • Not meeting your legal duty is a class 2 misdemeanor, which carries with it a $750 fine, maximum jail time of 4 months, and two years probation.
  • An accident that only involves non-serious injury
  • Failing to meet your legal duty is a class 5 felony, whose penalties include a 3-year revocation of the driver’s license and maximum jail time of 2.5 years.
  • An accident that causes death or serious injury
  • Failing to meet your duty is a class 2 felony. This carries with it a penalty of up to 8.75 years in jail and revocation of your driving privileges for five years.

Police will get involved in both the misdemeanor and felony matters, although they will prioritize accidents where one or more of the parties involved have sustained a physical injury.

Even in cases where there are minor injuries and minimal property damage, you should contact the police. This can help you if you make a claim with your insurance provider, since there is a police report and a case number.

If you are the guilty party in a minor hit and run, this does not mean you are free and clear if you believe you successfully avoid detection.  The police will investigate and try to track you down.

Thus, it is always the best course of action to meet your legal duties in a hit and run, even one considered minor. If you have left the scene, however, and the police contact you, get in touch with an attorney immediately to ensure that your rights are protected.

Attorney Robert Dodell is an experienced lawyer who has worked in both criminal defense and as a prosecutor. If you have left the scene of a hit and run and are worried that you will be charged with a crime, Attorney Robert Dodell will fight your case even before it goes to court. He will conduct his own independent investigation to ensure that your case has the best possible outcome.

 

 

Police Investigate Even Minor Hit and Runs is available on https://www.azcrimlaw.com

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How Is a Sex Crime Defined in Arizona?

How is a sex crime defined in Arizona? It is a serious matter if you are charged with a sex crime in this state. It may even come with potentially life altering consequences. You could be looking at a lifetime of monitoring, probation, and a lot of hassle.

Sex Crime

What Charges are Considered Sex Crimes?

In the state of Arizona, there are a lot of criminal charges that fall under the category of sex crimes. Many of these require registration in the sex offender database of the state.

Here is a list of some of the charges that are defined as sex crimes:

  • Sexual exploitation of a minor
  • Child sex trafficking
  • Luring a minor for sexual exploitation
  • Commercial sexual exploitation of a minor
  • Unlawful disclosure of explicit images
  • Taking a child for the purpose of prostitution
  • Voyeurism
  • Violent sexual assault
  • Unlawful sexual conduct
  • Sexual misconduct by licensed professionals
  • Continuous sexual abuse of a child
  • Bestiality
  • Child molestation
  • Sexual assault
  • Sexual conduct with a minor
  • Sexual abuse
  • Public sexual indecency
  • Indecent exposure
  • Kidnapping (with intent to inflict sexual abuse)

 

Note that there are other charges that also fall within the category of a sex crime in Arizona. The sentencing varies from minor misdemeanors all the way to a serious felony that could require a lengthy prison sentence that can last up to 27 years or, in some cases, life imprisonment.

At any rate, you will need the aid of an experienced criminal defense attorney in order to deal with any charges of this kind. We recommend Robert A. Dodell, Attorney At Law, in case you find yourself charged in the state of Arizona.

Defining the Terms

In the state of Arizona, a sexual assault is defined as an event where a person knowingly and intentionally engages in oral or sexual contact or intercourse without the consent of the other party. This act is also commonly referred to as rape.

What if an act does not meet all of these conditions? If that is the case, then the charge falls under sexual abuse.

Take note of the following details:

  • There must be a penetration of the penis, vulva, or anus using anything bodily or otherwise for it to constitute sexual intercourse.
  • The intercourse is without the consent of the other party involved.
  • Oral sexual contact involves any oral contact with the anus, penis, or vulva.
  • Intimidation, fear, and threats may be used by the assailant when a sexual assault occurs.

Age of the Victim

The age of the victim at the time of the incident is a huge factor considering the sanctions and penalties levied on abuses committed toward children. If the victim was under the age of 15, then that translates to longer sentences.

A rape conviction in Arizona will require prison time anywhere from 5 to 14 years. However, if the victim was under the age of 15 then the defendant will likely face a sentence that could last anywhere from 13 to 27 years, or even life.

Aggravating Circumstances

There are items or acts that may aggravate the sentence under Arizona law. For instance, if a date rape drug was used then an additional 3 years will be added to the sentence. If a serious physical injury was inflicted on the victim during the commission of a sex crime then the sentence can be raised to 25 years to life in prison.

Sexual Exploitation of a Minor

Sexual exploitation of a minor is also known as child pornography under state law. It occurs when an individual purchases, transports, sells, develops, duplicates, photographs, receives, transmits, films, or records any depiction of a minor engaged in sexual acts.

This charge is considered as a class 2 felony. It carries with it a sentence that lasts 10 to 24 years.

Indecent Exposure

An indecent exposure can occur when people expose themselves to others inappropriately or even recklessly. That exposure is without regard of whether the other parties will be alarmed or offended. Note, however, that this charge does not cover mothers who are breastfeeding.

Need Legal Advice

There are plenty of offences that fall under the term sex crime in the state of Arizona. If you have been charged with any of these, then you will need legal advice from an experienced and results-driven sexual crimes defense attorney.

We recommend Robert A. Dodell, Attorney At Law. With more than 30 years of experience, the nuances of criminal laws and statutes in Arizona will be explained to you as clearly as possible and you may even work your way toward reducing your sentence.

 

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Orders of Protection and Injunctions Against Harassment in Arizona

Is there a difference between an order of protection and an injunction against harassment in the state of Arizona? Note that both of them are protection orders, but there is a particular difference between them in Arizona law.

Threatening or Intimidating Criminal Defense

 

Order of Protection vs. Injunction Against Harassment

The biggest difference between these two protection orders is to whom the order applies. An Order of Protection will apply if you have a familial kind of relationship with the other party. For instance, this kind of order applies to spouses, former spouses, a person you have lived with or are currently living with, a person with whom you had a child, and other relatives that are related to you because of marriage or through blood.

On the other hand, you can file an Injunction Against Harassment only on people with whom you have no familial relationship. If there is no family relationship between the two parties, then this is the protection order that you should be seeking. This means that this protection order can be used against your coworkers, neighbors, club members, people in school, and even acquaintances.

How to Complete a Petition for These Two Protection Orders

You basically follow the same procedure when you file a petition for either an Injunction Against Harassment or an Order of Protection. The following are the steps that you need to complete:

  1. Submit your contact information and other relevant information. This includes your address and your phone number. In case the defendant (i.e. the person who you need a protection order from) would request a hearing, the court and your attorney can contact you. This information will be kept confidential.
  2. You must have the address of the defendant. It has to be a physical address and not just a PO Box. The order must be served to the defendant for it to be effective. You can request an injunction but it will still be ineffective if the order is not served to the defendant.
  3. Remember that filing something in court simply means that you have filled out and submitted to the court all the necessary paperwork. It does not mean that the protection order you petitioned is already effective. Once the judge grants the order, and it is served, the protection order is effective.  The defendant can challenge the order and ask for an evidentiary hearing on the order. It is the judge at that hearing who will decide if your protection order should continue in effect or cancelled.
  4. Note that you will not have to pay any kind of filing fee. However, there are other fees that you will need to pay for. There is a fee for the private process server and there may be another fee that you have to pay to the constable.
  5. Once the judge issues your Injunction Against Harassment or your Order of Protection it needs to be served to the defendant before it can be effective.
  6. What happens if the defendant violates either of these two orders of protection? If that happens you may immediately contact law enforcement who will enforce the protection order. Law enforcement officers and the prosecutor will decide whether or not to file charges.
  7. Remember that it is only the court who can dismiss Orders of Protection and Injunctions Against Harassment in Arizona. The court is also the only party that can change its terms. If you feel that certain terms need to be modified, then you need to contact the court for either dismissal or modification of any of these protection orders.
  8. Note that both an Injunction Against Harassment and an Order of Protection in Arizona are only effective for one year after they have been served on the defendant.

Understanding Harassment Laws

Note that a single incident does not necessarily constitute an act of harassment. It may be troubling to you, but it needs to be a repeated act or event for it to be classified as a form of harassment.

Under Arizona law, harassment doesn’t have to be physical in nature. It can be in the form of verbal aggression or any other form of altercation. Therefore, many things could be considered a type of harassment.

If you need to file a petition for an Order of Protection or an Injunction Against Harassment in Arizona, we highly recommend the law offices of Robert A. Dodell, Attorney at Law.

Take advantage of my 30 years of experience in both prosecution and defense.

 

Orders of Protection and Injunctions Against Harassment in Arizona is republished from www.azcrimlaw.com

How Effective is Rule 11 in Arizona?

Rule 11 can be used in the state of Arizona if it is suspected that a defendant is mentally incompetent. However, there is some debate today if Rule 11 is truly effective in this state.

Why is that? According to the ACLU (American Council of Civil Liberties), more than half of the population in Arizona prisons are actually suffering from mental disorders. That has led some to believe that Rule 11 doesn’t really apply or isn’t at all effect in this state.

What is a Rule 11 Hearing?

Simply put, a Rule 11 hearing in Arizona is a proceeding where a doctor will determine if a defendant is truly mentally incompetent to stand trial. To identify such a mental deficiency, the doctor will have to determine 2 things:

  1. The defendant is really unable to understand the court proceedings that are being undertaken against him.
  2. The defendant lacks the mental capacity to assist his own attorney with his defense in the proceedings.

The doctors who participate in the hearing will ask some probing and searching questions. They will ask the defendant to state what he understands is the role of the judge in the hearing. They will also ask if the defendant knows what the duties of the jury are. Other questions include a test of understanding for the role of both the defense and prosecuting attorneys.

Here are a few sample questions:

  • Do you understand what a jury trial is?
  • What is your level of understanding of the current court proceedings?
  • Do you understand what a plea agreement is?
  • Are you aware of the charges made against you?

What Can a Defendant Do?

If you are the defendant in this case or if your loved one is, and it is suspected that Rule 11 applies in this situation, then you should talk to your defense attorney. The defense attorney will gather evidence of mental deficiency or determine if the required criteria are present. After that, a motion will be filed in court so that the defendant can be evaluated.

The court will then send the defendant to two different doctors. The doctors will evaluate the defendant according to the procedure that was described above. After that, they will each render their own opinion. Their opinions will then be sent to court.

Agreement/Disagreement between Doctors’ Opinion

If the doctors agree that the defendant is competent to attend trial, then the defendant goes back to court. If their competency opinions are split, then the defendant will need to go to another doctor. The third doctor’s opinion will determine if the defendant goes back to court or not. If the doctors agree that the defendant is not competent then he or she could be sent a mental health institution for care.

There is also the possibility that the doctors will believe the defendant is not competent ‘at the time of the trial’. However, in this case, they may determine that the defendant can be treated or educated and then restored to full competency. If that is the case, the defendant will be sent for treatment via therapy, education, or potentially through medication.

This could last for up to 6 months, after which the defendant will be sent back to court and the judge will inquire how the restoration process is going. After successful restoration the defendant will have to answer for the charges.

Dusky v. United States

The US Supreme Court set out the scope of Rule 11 in this case. Dusky was a schizophrenic who was charged of kidnapping and rape. He was afterwards convicted, but the Supreme Court sent him back for retrial.

The justices determined that a short mental status exam is not enough to determine competency. It is only fair that a full evaluation should be made. It should also be noted that people with mental illnesses can still be aware of the court proceedings and be able to consult with their attorneys in their defense.

Note that Rule 11 can be used in the following proceedings:

  • Entering a plea
  • Standing trial
  • Assisting a lawyer in one’s defense

Remember that having a mental illness is not a way for anyone to “play” the system. You can’t use it as an excuse so that you won’t have to answer for charges in court. However, if a defendant is truly mentally incompetent then Rule 11 may apply in the State of Arizona.

If you believe that Rule 11 applies to you or a loved one, then you need competent legal advice from a lawyer with decades of experience in Arizona law. The law offices of Robert A. Dodell, Attorney at Law is experienced in handling many different criminal cases.

 

 

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Arizona Lawmakers Approve Ban on Cellphone Use While Driving

In April of this year, Arizona became the 48th state to prohibit the use of mobile phones and other handheld mobile devices while driving. The bill was signed on April 22, 2019 by Republican Governor Doug Ducey, which will give effect to a statewide ban on using handheld devices while driving starting January 2021.

While police officers are not yet allowed to issue tickets to violators, they can already issue warnings. Once the law takes effect on the first day of January 2021, first-time violators will be issued tickets that will require them to pay a civil penalty from $75 to $149. Violators will have to pay a civil penalty between $150 and $250 for a second ticket.

Want to make sure you’re well-informed of this new law? Here are some things you should know about the statewide cellphone ban for Arizona drivers.

Are You Allowed To Talk While Driving In Arizona?

The law specifically states that any kind of cellphone use—talking, texting, sending emails, accessing social media accounts, etc.—will be prohibited unless their devices are in hands-free mode and are activated by voice.

Here are the specifics:

  • It is prohibited to hold the phone in any way, including holding it up on the shoulder or supporting it with any body part.
  • Any text-based communication or activity, including emails, instant messaging, and texts is not allowed.
  • Recording or watching videos is not allowed.
  • It is also prohibited to take or view photos on a cellphone while driving.

The following information highlights exemptions:

  • Swiping mobile device screens to accept or make calls is allowed.
  • Talking on the phone is allowed when using an earpiece or any headphone device. Using a wrist-worn device is also allowed.
  • Voice-based communications are allowed (i.e. speakerphones, typing text through mobile voice function, etc.)
  • Using a built-in GPS device while driving is allowed.
  • Using handheld mobile devices are allowed while the vehicle is stopped. The vehicle can either be parked or stopped at a traffic light.
  • Using a handheld mobile device to call 911.

To be clear, this ban will apply not only to mobile phones but also to other portable wireless devices used for communication, such as tablets.

Certain exemptions apply to officials who are responding to emergencies and to people who are in need of emergency help. The law does not include two-way radios, built-in devices, in-vehicle security devices, or navigation devices.

What About City Laws?

Even before the ban on cellphone use was approved, there were cities in Arizona that already prohibited the use of mobile phones while driving. Some of the cities that prohibited using handheld devices are El Mirage, Fountain Hills, Glendale, Phoenix, Surprise, Salt River Pima-Maricopa Indian Community, and Tempe. These laws will remain in effect until the new state law replaces them in 2021.

What Other States Prohibit Texting While Driving?

For more than a decade, there were a number of proposed laws that sought to ban the use of mobile phones while driving. There was already an anti-distracted driving law in place in Arizona, but it didn’t specify the use of mobile handheld devices. Texting while driving was prohibited only for newer drivers, particularly teenagers.

Now that Arizona has taken this step towards banning all cellphone use, there are only two remaining states that still don’t have a statewide texting ban for all drivers—Missouri and Montana.

Using a mobile phone while driving is a serious safety issue and now a civil traffic offense.  Arizona has been added to the list of states that had already implemented a statewide ban. Although it is a civil traffic offense, this does not mean that a driver cannot be charged with a criminal offense when the mobile phone violation results in an accident or other serious misconduct.  If you have been charged with an offense, Robert A. Dodell, Attorney at Law is there to assist you through your troubles.

 

 

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How Can I Get My License Back After a DUI?

Partying is not a crime. However, drinking and driving is not a good combination.

In the US, it is estimated that 28 people die every day from car crashes caused by alcohol consumption. This roughly translates to one person dying every 51 minutes, according to the National Highway Traffic Safety Administration (NHTSA). The statistics are bad enough to understand why driving while intoxicated is strictly enforced and why the law requires the suspension of a driving privileges.

Drug Use Lead to a DUI

What Is DUI?

DUI means driving under the influence. Depending on which state, it may be called other names such as Driving While Intoxicated or Impaired (DWI), Operating Under the Influence (OUI), or Impaired Driving.

How Do You Get Arrested For DUI?

Most of the people who drive under the influence of alcohol or other substances violate speed limits or drive erratically. Once a police officer spots an offending vehicle, the officer trails that vehicle and signals to the driver to pull over. Once pulled over, they question the driver. If driver is suspected to be intoxicated, he or she is subject to a blood alcohol content (BAC) test.

The legal limit for BAC in Arizona is 0.08 percent, though even smaller percentages may already impair a person’s ability to drive. In fact, a 2015 report from NHTSA found that 1,809 people were killed in car crashes related to alcohol intoxication where the drivers’ BAC was less than 0.08 percent.

If the person is found to over the BAC legal limit, his or her driver’s license will be taken away and he or she will be charged with a crime. Even if a driver refuses to get his BAC tested, the officer will likely get a warrant for a blood test and driver’s license and driving privileges would still be suspended anyway.

Upon conviction, a person may be sentenced to receive punishment —monetary fine, community service, or jail / prison. This depends on the severity of the incident and whether or not the person being convicted is a first-time or repeat offender.

How to Get Back Your License

Once a DUI offender gets released, their license isn’t immediately reinstated. They may have to undergo several steps depending on which state they’re in.

For first-time DUI offenders, police officers will replace the offender’s license with a temporary one. The offender must  request a hearing from the Motor Vehicle Department or the license will be suspended in 15 days.The temporary license will be go until the ruling from the administrative law judge of the validity of the suspension.  Note that failure to request a hearing will lead to a suspension of the driver’s license, after the 15 day grace period.

Suspension of a driver’s license varies in time.  It may last from 3 to 12 months depending on several factors: (1) the level of intoxication of the driver, (2) whether or not the driver has had previous DUIs, and (3) whether there was a refusal to take the blood test.

There may be multiple steps to follow for people to get their license back after a DUI.  Each case is different. Basically, the person will be required to complete all the requirements set forth by the Motor Vehicle Department, which could include payment of any fines that caused a license to be suspended; proof of insurance from the vehicle; an ignition interlock device; completion of an alcohol rehabilitation program; and reinstatement fees.

Note that alcohol rehabilitation programs vary depending on the level of intoxication at which the driver was arrested, alcohol history and prior DUI history.  It could range anywhere from attending an alcohol safety education for a several hours to signing up and committing to a long term alcohol rehabilitation and detox program. This may seem like a strict form of punishment, but it’s a good way to remind people to drink responsibly to avoid consequences that result from a DUI.

When You May Need To Hire A Lawyer

Scottsdale Courts take DUIs seriously, particularly because it often proves fatal to other motorists. Being convicted of a DUI means potentially losing your license, paying a large fine, or sometimes serving time in jail or prison. An experienced DUI lawyer may not guarantee that your DUI case is dismissed, but he or she could play a role in gaining you a reduced sentence.

In case you need one at some point, Robert A. Dodell, Attorney at Law is an excellent choice.

 

 

How Can I Get My License Back After a DUI? Find more on: call Robert A. Dodell at (480) 860-4321

Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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