Misdemeanor Lawyer in Phoenix

Arizona Misdemeanor Laws

In Arizona, someone charged with a misdemeanor crime can face up to six months in a local or county jail depending on the crime, as well as a fine of up to $2,500. Misdemeanors fall under one of three designations, class 1, 2, and 3, with 3 being the least serious and 1 being the most serious. In cases where the court does not designate a misdemeanor, the crime will be punished as if it was a class 2 misdemeanor.

Class 3 Misdemeanor

Someone charged with a class 3 misdemeanor can face a fine of up to $500 and up to 30 days in jail.

Class 2 Misdemeanor

Someone charged with a class 2 misdemeanor can face a fine of up to $750 and up to four months in jail.

Class 1 Misdemeanor

Someone charged with a class 1 misdemeanor can face a fine of up to $2,500 and up to six months in jail.

For certain drug crimes, someone convicted of a misdemeanor can face additional fines depending on the number of times they have been convicted and what crime they committed (see AZ Rev Stat § 13-821).

Get in touch with our Phoenix misdemeanor attorneys by calling MayesTelles PLLC at (602) 428-7104. We are available 24/7, and initial consultations are free.

Common Legal Defenses in Misdemeanor Cases

If you’ve been charged with a misdemeanor, it’s crucial to know that a strong legal defense can make all the difference. Depending on the circumstances of the case, several defenses can be used to fight the charges and protect your rights. Below are some of the most common legal defenses in misdemeanor cases:

Lack of Intent

One of the key elements in many misdemeanor charges is intent. The prosecution must prove that you intentionally committed the crime. If your actions were accidental or you had no intention of breaking the law, this could serve as a solid defense. For instance, if you inadvertently trespassed on private property or unintentionally caused a disturbance, your attorney can argue lack of intent to undermine the charges.

Self-Defense

If you were involved in a physical altercation or similar situation, self-defense might be a viable argument. Arizona law allows individuals to use reasonable force to protect themselves or others from harm. If your actions were necessary to defend yourself, a skilled Phoenix misdemeanor lawyer can demonstrate that your conduct was justified and lawful.

Mistaken Identity

It’s possible to be falsely accused of a misdemeanor due to cases of mistaken identity. This is especially common in chaotic events or situations involving multiple individuals. If there is little to no concrete evidence that you were the person who committed the alleged crime, your lawyer can challenge the accusations using this defense.

Insufficient Evidence

A strong defense may also focus on the prosecution’s inability to present enough evidence to prove the charges beyond a reasonable doubt. Your attorney can work to reveal weaknesses in the case, such as conflicting witness testimony, lack of physical evidence, or improper collection of evidence.

Steps to Take If Charged with a Misdemeanor

Being charged with a misdemeanor can be stressful and overwhelming, but taking proactive steps can help you build a strong defense. Here are the key actions you should take:

Gather Evidence for Misdemeanor Defense

Evidence plays a critical role in defending yourself against misdemeanor charges. Start by collecting:

• Witness Statements: Contact anyone who may have seen the incident and ask for detailed accounts of their perspective.
• Photos or Videos: Obtain any available recordings or pictures that document the incident or the location where it occurred.
• Relevant Documents: Keep any related communications, receipts, or records that might help explain your actions or disprove the charges.

Document the Incident

Write a detailed account of everything that happened before, during, and after the alleged misdemeanor. Include information about:

• Your location and purpose for being there.
• Any exchanges with law enforcement or other individuals involved.
• Environmental conditions or factors that could have contributed to the situation.

Providing your attorney with an accurate and thorough recount can help them identify critical details to build your defense.

Seek Legal Counsel for Misdemeanor Charges

One of the most important steps you can take is consulting with an experienced misdemeanor attorney. A knowledgeable lawyer will evaluate your case, develop a tailored strategy, and ensure your rights are protected throughout the legal process. They can also negotiate on your behalf, potentially securing a reduced sentence, diversion program, or dismissal of the charges.

Avoid Discussing Your Case

Refrain from providing any statements to law enforcement or discussing your case with anyone other than your attorney. What you say can be misinterpreted or used as evidence against you. Exercise your right to remain silent until you have legal representation.

Stay Organized and Meet Deadlines

Keep track of court dates, documents, and legal requirements related to your case. Missing deadlines or failing to comply with court orders can complicate your situation and potentially worsen the penalties.

Why Should I Hire a Lawyer for a Misdemeanor Charge?

Hiring a lawyer for a misdemeanor charge is crucial for several reasons:

• Understanding of Legal Process: Lawyers are well-versed in the legal system, including the complex procedures and nuances of misdemeanor cases. They can guide you through every step of the process, ensuring you understand your rights and options.
• Legal Expertise and Strategy: A lawyer can analyze the details of your case, assess the evidence against you, and develop a strategic defense tailored to your specific situation. They can identify any legal loopholes, inconsistencies, or mitigating factors that could potentially lead to a more favorable outcome.
• Minimization of Penalties: Even though misdemeanors are considered less serious than felonies, they can still result in significant penalties such as fines, probation, community service, or even jail time. A skilled lawyer can work to minimize these penalties, potentially securing a reduced sentence or alternative sentencing options.
• Protection of Rights: Lawyers are trained to protect your constitutional rights throughout the legal process. They can ensure that law enforcement officers and prosecutors adhere to proper procedures and do not violate your rights, such as conducting illegal searches or coercing confessions.
• Criminal Record Implications: A misdemeanor conviction can have long-lasting consequences, including a permanent criminal record that can affect employment opportunities, housing options, and other aspects of your life. A lawyer may be able to negotiate for alternatives to conviction, such as diversion programs or expungement options, which can help mitigate the impact on your record.
• Navigating the Legal System: The legal system can be intimidating and overwhelming, especially if you are unfamiliar with its procedures and protocols. Having a lawyer by your side can provide reassurance and confidence, knowing that you have someone advocating for your best interests and representing you effectively in court.

Don’t Wait To Get The Representation You Need

If you were charged with a misdemeanor crime in Arizona, it’s important to seek legal counsel as soon as possible. The courts won’t wait for you to find the right firm to represent you, and you shouldn’t wait either. At MayesTelles PLLC, our Phoenix misdemeanor lawyers understand what it takes to secure you the best outcome, and we are prepared to fight for your rights in court if you were charged with a crime.

Call us at (602) 428-7104 to speak with a member of our firm over the phone today, or let us know more about your situation by filling out our online form.