What Should You Know About Criminal Defense in AZ?
Every criminal case in Arizona turns on the same ten pressure points, from arrest to arraignment, and knowing them early is often the difference between a plea and a dismissal.
Recognized By
As Seen On
Recognized By
10 Key Points on Criminal Defense in Arizona
Â
Introduction
When facing criminal charges in Arizona, navigating the legal system can be overwhelming. Tamou Law Group PLLC understands the complexities of Arizona’s criminal laws and is committed to providing robust defense strategies for its clients. In this blog, we will explore 10 critical aspects of criminal defense in Arizona, ensuring you are well-informed about your rights and the legal process.1
Understanding Your Rights
Under the U.S. Constitution and Arizona State law, individuals have certain rights, including the right to remain silent and the right to an attorney. Knowing these rights is crucial in any criminal proceeding.2
The Role of Arizona Statutes
Arizona’s criminal laws are governed by statutes, which define offenses and penalties. Familiarity with relevant statutes, such as the Arizona Revised Statutes (ARS), is essential in understanding the charges against you.3
Misdemeanors vs. Felonies
Crimes in Arizona are categorized into misdemeanors and felonies. Misdemeanors are less severe, while felonies carry harsher penalties. Knowing the category of your charge helps in formulating a defense strategy.4
Bail and Pretrial Release
ARS Title 13, Chapter 38 outlines the bail system in Arizona. Understanding your rights regarding bail and pretrial release is vital for maintaining your freedom during the trial process.5
Plea Bargaining
Plea bargaining is a common practice in Arizona, where defendants may agree to plead guilty to a lesser charge. Navigating plea deals requires skilled legal counsel to ensure your rights are protected.6
Self-Defense Laws
Arizona has specific statutes regarding self-defense (ARS 13-404 to 13-421). Knowing these laws is critical, especially if your defense involves a claim of self-defense.7
Drug Offenses
Drug laws in Arizona (ARS 13-3401 to 13-3422) are strict. Charges range from possession to trafficking, with varying degrees of severity. A deep understanding of these laws is crucial for drug-related defenses.8
DUI Laws
Driving under the influence (DUI) is taken seriously in Arizona. ARS 28-1381 defines DUI laws, including penalties and procedures. Familiarity with these laws is essential for anyone facing DUI charges.9
Juvenile Offenses
Juvenile criminal proceedings in Arizona differ from adult proceedings. Understanding the nuances of juvenile law (ARS Title 8) is crucial for cases involving minors.10
Appeals Process
If convicted, you have the right to appeal. The Arizona Rules of Criminal Procedure outline the appeals process, a complex area where experienced legal representation is invaluable.
Conclusion
Navigating criminal defense in Arizona requires understanding a complex legal system. At Tamou Law Group PLLC, we’re dedicated to providing informed and vigorous defense to protect your rights and secure the best possible outcome. If you or a loved one is facing criminal charges in Arizona, do not hesitate to contact us at 623-321-4699. Remember, the right legal representation can make a significant difference in your case.
Awards & Recognition
Our recognition for Phoenix DUI defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix DUI lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Frequently Asked Questions
Is an extreme DUI a felony in Arizona?
No, a first or second extreme DUI is a class 1 misdemeanor under A.R.S. 28-1382, charged when your BAC is 0.15 or higher. It becomes a felony only when aggravating factors apply, such as a suspended license, a child in the car, or a third offense within 84 months.
What is an aggravated DUI in Arizona?
Aggravated DUI is a felony under A.R.S. 28-1383, charged when you drive impaired on a suspended license, commit a third DUI within 84 months, have a passenger under 15, or violate an interlock requirement. A conviction can mean mandatory prison time of four months or more.
What is a super extreme DUI in Arizona?
A super extreme DUI is charged under A.R.S. 28-1382 when your blood alcohol concentration is 0.20 or higher, and a first offense carries at least 45 days in jail. It also requires an ignition interlock device, fines exceeding $3,200, and possible alcohol screening and treatment.
Does Arizona have a stand your ground law?
Yes, Arizona law imposes no duty to retreat before using justified force, so you may stand your ground anywhere you are legally allowed to be. Under A.R.S. 13-404 and 13-405, the force used must be proportional to the threat a reasonable person would perceive.
Is drug possession a felony in Arizona?
Yes, possession of dangerous drugs or narcotics is charged as a felony in Arizona under A.R.S. 13-3407 and 13-3408, even for small personal amounts. However, first and second personal possession offenses are generally probation-eligible, and charges can often be reduced, diverted, or dismissed.
How long do you have to appeal a criminal conviction in Arizona?
You generally have 20 days from sentencing to file a notice of appeal in Arizona under Rule 31.2 of the Arizona Rules of Criminal Procedure. Missing this strict deadline usually forfeits your direct appeal, so contact an appellate attorney immediately after conviction.
Can a juvenile be charged as an adult in Arizona?
Yes, Arizona prosecutors can charge juveniles aged 15 to 17 as adults for serious offenses like murder, armed robbery, and other violent felonies under A.R.S. 13-501. Adult prosecution exposes a minor to prison rather than juvenile detention, so early defense intervention is critical.
How much does a criminal defense lawyer cost in Arizona?
Most Arizona criminal defense lawyers charge flat fees ranging from about $1,500 for misdemeanors to $10,000 or more for serious felonies, depending on the charge and whether the case goes to trial. Tamou Law Group offers free consultations to discuss fees and your defense. Call 623-321-4699, 24/7.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.
