Restoring Voting Rights After a Conviction in Arizona
arjashahlaw.com
Investigative Article
The Difference Between First and Second-Degree Murder in Arizona
If you find yourself facing homicide charges in Arizona, it’s essential to understand the differences between first and second-degree murder. Although both appear similar and involve the death of a human being, they are crimes of vastly different degrees. It’s critical to understand the exact differences between these degrees to know what to expect if you or someone you know ever faces murder charges in Arizona.
What is First-degree Murder?
First-degree murder is an intentionally premeditated homicide. The crime occurs when one person knowingly kills another person with premeditation. The premeditation involves an explicit decision to take another person’s life. The degree of premeditation varies, but it must be enough to show that the killer had sufficient time to meditate and think before carrying out the act.
First-degree murder is a Class 1 felony in Arizona, and a conviction carries a mandatory sentence of life imprisonment without the possibility of parole or capital punishment.
The Elements of Second-Degree Murder
The difference between first and second-degree murder in Arizona is the element of premeditation. Second-degree murder involves intentionally killing another person without premeditation. For example, the killer might have shot someone in a fit of rage or anger or killed someone by choking or beating them without planning the act ahead of time.
The prosecution in a second-degree murder case must prove beyond a reasonable doubt that the defendant intended to kill the victim when causing their death. In Arizona, second-degree murder is a Class 1 felony, and a conviction carries a sentence of up to 22 years in prison.
Other types of Homicide
Homicide is the act of one human being killing another. It is not necessary to prove intent in all homicide cases as some may occur accidentally. If someone dies as a result of someone else’s negligence, then that individual may face a charge of manslaughter. If a death occurs during the commission of a crime, the individual committing the crime may face a charge of felony murder.
Murder and homicide charges are among the most severe and complex criminal charges you can face. They involve technical legal procedures and intricate evidence requirements. Hiring an experienced Arizona criminal defense attorney is essential.
How To Defend Yourself in Arizona Murder Trials
The State of Arizona is incredibly tough on murder and homicide charges. To beat these charges, you need a skilled and experienced criminal defense attorney to defend you throughout the legal process. Here are some practical tips to help you defend yourself in an Arizona murder trial:
1. Hire a Criminal Defense Attorney:
It’s vital to hire an experienced and skilled criminal defense attorney to represent you in court. A good criminal defense attorney will understand Arizona’s homicide laws and will know how to defend your rights and build a robust defense for you.
2. Stick to Your Story:
When you talk to your attorney, stick to your story and tell the truth. The prosecution will attempt to disprove any inconsistencies in your statement. Therefore, having a consistent story will be crucial to your defense.
3. Understand the Evidence:
Understanding the evidence against you and how the prosecution plans to use it will be crucial to building a successful defense for your case.
4. Consider Alibi or Self-Defense:
If you’re innocent, your defense attorney might argue that you were elsewhere when the crime occurred and thus could not have committed murder. If you’re found to be at the scene of the murder, a self-defense argument may help to downgrade the charges against you.
5. Trial Preparation:
Preparing your defense with your attorney before your trial can help to build the best defense for your case. You need to come to your trial prepared and ready to argue your case.
Conclusion
The distinction between first-degree murder and second-degree murder in Arizona is an essential legal concept that any Arizona resident should understand. If you or someone you know is facing murder charges in Arizona, the best course of action is to hire a skilled, experienced, and respected criminal defense attorney. A qualified attorney can help you understand the charges you face and the legal defenses that are available to you.
For more information on the difference between first-degree murder and second-degree murder in Arizona, please visit https://www.chmlaw.com/first-second-degree-murder-az/.
De Novo Law: Helping Parents with School Disagreements and Legal Decision-Making Authority in Arizona
denovolawaz.com
Investigative Article
Analyzing the Complications of School Disagreements Between Co-Parents, and How De Novo Law Can Help
According to recent studies, over 60% of marriages will end in separation or divorce in the United States. This leads to an increasing number of children who have to divide their time between two different households. Unfortunately, disagreements between co-parents are a common occurrence and can arise at any time. They can become heated and lead to arguments about where a child should go to school or what kind of education is best for them.
The Complications of School Disagreements Between Co-Parents
When co-parents disagree on education, it can lead to serious issues for the children involved. After all, education is crucial to a child’s future success. If a child’s parents disagree on the type of education that they should be receiving, it can create confusion for the child and make it difficult for them to understand what is going on. The child may also be forced to switch schools frequently, which can interfere with their social life and education.
Moreover, when co-parents cannot agree on educational decisions, it may destabilize their ability to co-parent effectively. Tension in the co-parenting dynamic can impact the child’s underlying routines and can cause the child to feel unstable not only in academics but also socially and emotionally. In addition, When co-parents approach educational decisions based on their individual priorities, they’re unknowingly viewing the child as a commodity rather than a ward of the court. This perspective shift can lead discussions to focus more on “winning” or “beating” the other parent than genuinely considering what’s truly in the child’s best interest.
How De Novo Law Can Help
If you are a co-parent experiencing distinct disagreements on educational issues, it may be beneficial to seek the help of an experienced family law attorney. De Novo Law is a divorce and family law firm with years of experience in resolving disputes between co-parents over a child’s education. Their team of lawyers has assisted numerous clients in Phoenix, Scottsdale, and surrounding areas to reach a fair resolution for all parties involved.
The team will help you figure out the legal side of things. According to Arizona Revised Statutes, either joint or sole legal decision-making can be granted by a court. Joint legal decision-making necessitates that both parties must be in agreement on significant decisions, such as education. Sole legal decision-making allows one party to make educational decisions independently. Nonetheless, either decision-making arrangement should still be reached in the best interest of the child in coordination with the school district, among other aspects.
De Novo Law’s experienced attorneys will aim to implement effective communication strategies, negotiation skills, and problem-solving techniques. If requested, they can also represent you in court to argue your case if you are having trouble reaching an understanding. Furthermore, their legal staff can guide you in discovering and electing a mediator to help navigate discussions between you and the other parent. A mediated agreement can be a more relaxed way for parents to find agreement on educational issues and vary by the child’s needs.
The Summary
The significance of a child’s education and the need for stable co-parenting cannot be overstated. When co-parents cannot agree on education, the problems this can create for the child and the family dynamic is obvious. However, working with a well-respected family law attorney like De Novo Law can contribute to a resolution that safeguards the child’s interests. They efficiently navigate this dispute for you, creating a cooperative and fair resolution with the other parent.
School Disagreements With Your Ex? De Novo Law Can Help
Felony Wrong Way Driving DUI Charges: Understanding Arizona Law
arjashahlaw.com
Feature Article: Understanding Arizona Law on Wrong Way Driving DUI Charges
Picture yourself driving down an expressway in the city of Phoenix, Arizona. You notice an oncoming car heading in your direction, but it’s on your side of the road! This scenario is not only frightening but can lead to accidents and fatalities. The state of Arizona takes such reckless driving seriously, and it’s classified as a criminal offense known as Wrong Way DUI Charges under the Arizona Revised Statutes §28-1381(A)(2). This feature article will examine Arizona law on Wrong Way DUI Charges, outlining the definition, consequences, and possible defenses against these charges.
What is Wrong Way Driving under Arizona Law?
In Arizona, driving in the wrong direction is a violation of the Arizona Revised Statutes §28-693, which defines wrong-way driving as: “A driver shall not operate a vehicle in a direction opposing the lawfully established traffic direction, in a lane designated for one-way traffic.” Therefore, when an individual has their vehicle heading towards oncoming traffic, they are in violation of Arizona law.
Legal Consequences of Wrong Way DUI Charges in Arizona
If law enforcement pulls you over and arrests you on suspicion of driving under the influence (DUI) while driving in the wrong direction, the consequences are harsh. According to the Arizona Revised Statutes §28-1381(A)(2), a person is guilty of driving under the influence with a blood alcohol concentration of 0.08 at a minimum (.04 for commercial drivers) if he/she “is impaired to the slightest degree” by any drug, alcohol, or vapor while driving in the wrong direction. The penalties for a conviction include:
- Minimum of 10 consecutive days in jail
- Revocation of driver’s license for 90 to 360 days
- Installation of an ignition interlock device (IID) for two years or longer
- Fines of up to $4,000 and associated court fees
- Community service
- Probation for up to 5 years
- Aggravated DUI charges could lead to increased jail time and other penalties
Defense Against Wrong Way DUI Charges in Arizona
It is essential to contact an experienced DUI attorney promptly if you have been arrested for driving under the influence while driving in the wrong direction. A qualified attorney will defend your case by:
- Reviewing your police reports and the evidence collected by law enforcement officers to ensure Fourth Amendment rights were not violated.
- Determining whether there was any fault with the Breathalyzer or blood alcohol content testing used by the arresting officer, which could lead to a dismissal of the case.
- Investigating other possible defenses such as identifying if you were in the correct lane and if there was a sign indicating the correct driving direction.
- Using mitigating factors to negotiate your sentence down and minimize its consequences.
The Importance of Hiring an Experienced DUI Attorney
Wrong Way DUI charges in Arizona carry with it serious consequences, and it is crucial to find an attorney with experience handling such cases successfully. In addition to explaining the charges, your DUI attorney should walk you through every step of the process, clearly outlining the stages of your criminal case and the possible defense strategies that could help minimize your sentence. An experienced Arizona DUI attorney will be able to review your police reports, check for inconsistencies, and negotiate with the prosecutor on your behalf.
Arizona Wrong Way DUI Charges: Protect your Freedom!
Arizona’s strict DUI laws have a significant impact on your life, requiring a knowledgeable and competent legal defense. Arja Shah Law is here to help you navigate the legal system to ensure that you get the help and representation you need. Get in touch with us today to schedule a consultation and discuss your case in detail.
Wrong Way DUI Charges-Felony,DUI
Understanding Drunk and Disorderly Conduct in Arizona Law.
azcriminalandfamilylaw.com
Investigative Article: The Legal Consequences of Drunk and Disorderly Conduct under Arizona Law
In a recent blog post, the topic of drunk and disorderly conduct under Arizona law was explored. This is a serious offense that can have severe consequences for those who are charged with it. In this article, we will dive deeper into the legal and personal consequences of this offense and explore what individuals should do if they find themselves in this situation.
The Definition of Drunk and Disorderly Conduct
The first step in understanding the legal consequences of drunk and disorderly conduct is to define exactly what it is. Under Arizona law, this offense occurs when an individual engages in disruptive behavior while under the influence of drugs or alcohol. This behavior can include things like yelling, fighting, or causing a disturbance in a public place. It is important to note that the individual does not need to be driving a vehicle in order to be charged with this offense.
The Consequences of Drunk and Disorderly Conduct
If an individual is charged with drunk and disorderly conduct under Arizona law, they can face severe consequences. These consequences can vary depending on the specific circumstances of the case, including things like whether or not the individual has prior criminal convictions. Some of the potential consequences of this offense include fines, community service, probation, and even jail time.
In addition to these legal consequences, individuals who are charged with drunk and disorderly conduct can also face personal consequences. This can include things like damage to their reputation and difficulty finding employment or housing in the future.
What to Do If You Are Charged with Drunk and Disorderly Conduct
If you find yourself in a situation where you are charged with drunk and disorderly conduct under Arizona law, it is important to understand your rights and to seek legal counsel as soon as possible. A qualified criminal defense attorney can help you understand the charges against you and work to design a strategy that can minimize the legal and personal consequences of the offense.
Additionally, it is important to take steps to address any underlying issues that may have contributed to the offense. This can include things like seeking professional help for substance abuse or anger management issues.
Conclusion
Drunk and disorderly conduct under Arizona law is a serious offense that can have severe legal and personal consequences. If you find yourself facing these charges, it is important to take steps to protect your rights and to seek legal counsel as soon as possible. By working with a qualified criminal defense attorney and addressing any underlying issues, you can take steps to minimize the impact of this offense on your life.
Drunk and Disorderly Conduct in Arizona -
Meet Attorney Mark J. Robens, Esq.: 40 Years of Experience in Family Law, Public Safety & More
chmlaw.com
About Mark Robens Esq.
Opinion Article
Mark Robens is an attorney with over 40 years of experience in practicing and consulting mainly in the areas of Family Law, Public Safety, Emergency Services, Mediation, Employment/Labor, Business Law/Civil Litigation. This type of attorney has the ability to represent a multitude of clients from individuals to large corporations. In this article, we will discuss the reasons why Mark Robens is a respected attorney and how his experience and expertise in some of the most complex legal areas have led to his success.
Background and Experience
Mark Robens has been practicing law since 1981. During his career, he has gained extensive experience in some of the most complex areas of law. He has a knack for handling cases related to family law, public safety and emergency services representation of fire departments, fire districts, and law enforcement agencies, Mediation, Employment/Labor, Business Law/Civil Litigation. With his vast experience and knowledge, he has been able to provide quality legal representation to his clients.
Family Law
Family law is one of the areas in which Mark Robens has made his mark. He understands that family law disputes are often some of the toughest battles people face concerning their property, assets, or, most of all, their children. Mark Robens recognizes the importance of approaching cases related to divorce, child custody, and adoptions, with a collaborative approach. He is a compassionate and skilled attorney who seeks to find peaceful solutions for his clients. Mark is an advocate of mediation or collaborative divorce, which helps clients focus on the future rather than past mistakes.
Public Safety and Emergency Services
Robens has represented fire departments, fire districts, law enforcement agencies, and insurance carriers whose insured’s employees got injured in the line of duty. He has significant experience negotiating and litigating claims arising from these dangerous professions. His approach is custom-tailored to each client’s needs and goals, whether they are seeking the best settlement or preparing for a trial.
Mediation
Mark Robens is very experienced in Mediation. To him, the ideal outcome of mediation is one where both parties come to a mutually acceptable agreement, therefore avoiding the risks and uncertainties of litigation. This service is often less costly and results in a quicker resolution of issues than a typical court or trial experience. It involves the services of an impartial mediator who helps the parties reach an agreement. This is a quicker, less expensive, and more peaceful solution for parties who may have to deal with an irrational counterpart.
Employment and Labor Law
In addition to his experience in Family and other forms of law, Mark Robens has expertise in Employment/Labor and Business Law/Civil Litigation. He informs his clients about new labor laws and their legal rights and negotiates and litigates disputes. The rights of both employers and employees are continually evolving, so it is important to find an expert who understands the changes and can achieve the ideal result in each case.
Civil Litigation
Mark Robens is an experienced litigator in civil cases. He understands the need for prompt action and timely strategy. Mark prioritizes the client’s needs and resources and works towards finding the optimum solution. With his experience, he ensures that the process is as straightforward as possible, and he protects his client’s business interests and assets. Mark Robens has secured numerous favorable verdicts, settlements, and mediation outcomes in high-stakes litigation.
Beyond the Law
Outside of the courtroom, Mark Robens is actively involved in his community and professional associations. He served on the Washoe County Human Services Board and the Henderson Police Department’s Civil Service Board. Robens has coordinated the Senior Law Project in Reno, Nevada, and is a member of the Nevada Ethics Commission. He is a member of Nevada State Bar Association and is active in the Clark County Bar Association. With this kind of contribution to society, he has become one of the most influential attorneys in his community.
Conclusion
Mark Robens the Esquire is a highly respected attorney with over four decades of experience in various branches of law. Among his standout specialties are family law, public safety and emergency services representation of fire departments, fire districts, and law enforcement agencies, Mediation, Employment/Labor, Business Law/Civil Litigation. Mark Robens is the kind of attorney that makes a big impact in his clients’ lives. He has dedicated his entire professional life to providing the best legal representation possible. For individuals or large corporations with complicated legal issues, Mark Robens is the go-to attorney.
Opinion Article
The Problems with Domestic Violence Laws and the Need for Strong Legal Defense Strategies
Domestic violence is a serious offense that can have severe consequences for the accused. In Arizona and many other states, the penalties for domestic violence can include jail time, fines, mandatory counseling, and loss of rights, such as the right to own a firearm. If you have been accused of domestic violence, it is essential to seek legal help immediately. The team at Colburn Hintze Maletta has years of experience in defending clients facing domestic violence charges. However, the legal system’s complexities, the sensitivity of domestic violence cases, and the need for strong legal defense create a situation with several contentious issues that need to be addressed.
The Problems with Domestic Violence Laws
The laws regarding domestic violence vary from state to state but are usually more severe than laws governing other similar offenses. Domestic violence laws are designed to protect victims and punish offenders, but they also create some problems. For example, the definition of domestic violence is broad and can include actions that are not necessarily violent. If your spouse or partner feels threatened by your behavior, you can be charged with domestic violence, even if you have not physically harmed them. Additionally, false accusations are common in domestic violence cases, which can make it difficult to prove your innocence.
The Need for Strong Legal Defense Strategies
Domestic violence charges are often based on he-said-she-said allegations, which makes it difficult to prove who is telling the truth. In many cases, the accuser’s story may be inconsistent or exaggerated, but it is up to the defendant to prove this. That is where a skilled criminal defense attorney comes in. A competent defense attorney can investigate the case and challenge the prosecution’s evidence. It is crucial to contact an experienced criminal defense attorney as soon as possible after being charged with domestic violence.
The Benefits of Hiring a Criminal Defense Attorney
There are several benefits to hiring a criminal defense attorney to defend you against domestic violence charges. A good attorney will have experience handling domestic violence cases and a thorough understanding of the local court system. Your attorney will know how to build a solid defense strategy and use it to your advantage in court. Additionally, your attorney can negotiate with the prosecution on your behalf to reach a plea agreement that results in reduced charges or penalties. This can help you avoid the worst consequences of a domestic violence charge, such as jail time, fines, and a criminal record.
The Importance of a Free and Confidential Consultation
At Colburn Hintze Maletta, we understand that domestic violence charges can be extremely overwhelming and can affect every aspect of your life. That’s why we offer a free and confidential initial consultation to discuss your case and explore potential defense strategies. During your consultation, our experienced criminal defense attorneys will listen to your story, answer your questions, and provide you with valuable legal advice. They will explain your rights, go over the evidence against you, and discuss your options for moving forward.
The Role of Strong Legal Defense Strategies in Domestic Violence Cases
Strong legal defense strategies are essential in domestic violence cases because they can make all the difference between having your charges dismissed or facing severe penalties. A good defense attorney will have the experience, knowledge, and skills necessary to fight for your rights and protect you from unjust allegations. They will work tirelessly to uncover inconsistencies in the prosecution’s case and challenge any evidence against you. They will also counsel you on the best course of action to take to minimize the potential impact of the charges on your life.
Conclusion
Domestic violence is a serious crime, but false accusations are also prevalent. If you have been accused of domestic violence, it is essential to take the accusations seriously and seek help from an experienced criminal defense attorney. At Colburn Hintze Maletta, we have a proven track record of success in defending clients against domestic violence charges. We offer a free and confidential initial consultation that can give you valuable information and guidance on how to proceed. Contact us today to learn more about how we can help you with your domestic violence case.
Defense Strategies for a Domestic Violence Charge in AZ-
Modifying Child Custody Agreements for the Holiday Season
azcriminalandfamilylaw.com
Feature Article
The Importance of Modifying Child Custody Agreements During the Holiday Season
The holiday season is a time for celebration and family gatherings, but for divorced or separated parents, it can bring added stress and challenges. Child custody agreements that work well during other times of the year may need to be modified to accommodate holiday schedules and traditions.
The Basics of Child Custody Agreements
Child custody is one of the most important considerations in any divorce or separation involving children. Custody agreements outline the rights and responsibilities of each parent when it comes to making decisions about the child’s welfare and determining where the child will live. These agreements can be reached as part of a divorce settlement or ordered by a judge.
Why Modify Custody Agreements for the Holidays?
The holiday season presents unique opportunities and challenges for families, and custody agreements may need to be modified to address them. For example, one parent may want to take the child out of town to visit relatives, while the other parent may want to spend time with the child during a specific holiday. Without modification, custody agreements may not account for these situations, leaving parents and children feeling disappointed and frustrated. Modifying the agreement can help ensure that both parents have the opportunity to spend time with the child during the holidays and can help minimize conflicts and stress.
The Importance of Cooperation
Modifying custody agreements requires cooperation between both parents. It is essential that both parents are aware of the need for modification and are willing to work together to make it happen. Communication is key, and parents should begin discussing holiday plans early to avoid last-minute conflicts.
How to Modify Custody Agreements
Modifying custody agreements typically requires court approval. Parents may need to file a motion to modify the agreement and provide evidence that the modification is in the child’s best interests. Factors that may be considered include the child’s age, health, and relationship with each parent, as well as any special needs or circumstances.
The Benefits of Modifying Custody Agreements
Modifying custody agreements for the holidays can have many benefits for both parents and children. It can help ensure that everyone has the opportunity to spend time with loved ones and create memories that will last a lifetime. It can also help reduce stress and conflict, allowing everyone to enjoy the holiday season to the fullest.
Consulting with an Attorney
Modifying custody agreements can be a complicated process, and it is essential to consult with an attorney to ensure that all necessary steps are taken. An experienced family law attorney can help parents understand their rights and obligations and work to ensure that modifications are made in a timely and efficient manner.
Conclusion
The holiday season is a time for joy and celebration, but it can also be a time of stress and conflict for divorced or separated parents. Modifying custody agreements can help ensure that everyone has the opportunity to enjoy this special time of year. By working together and consulting with an experienced family law attorney, parents can help ensure that their child’s holiday season is one to remember.
Holiday Season Child Custody Agreement Modifications-
Feature Article: The Holiday Season and False Allegations of Domestic Violence
The holiday season is typically a time of joy and merriment, celebrated with friends and loved ones. Unfortunately, it is also a time of year when there is a significant increase in domestic violence allegations. According to several studies, domestic violence calls increase up to 22% during the holiday season. Although not all allegations are false, some can be attributed to the stress of the season. These false accusations can cause significant damage to relationships and can lead to serious legal consequences for the accused. In this feature article, we will explore the issue of false allegations of domestic violence during the holiday season and examine how individuals can protect themselves from such accusations.
Why do Allegations of Domestic Violence Increase During the Holidays?
There are many reasons why domestic violence allegations increase during the holiday season. For one, holiday celebrations are meant to be enjoyed with family and friends. However, for those who may not have strong familial or social ties, this can be a difficult time. For couples, the holiday season may bring additional stress in the form of financial pressure due to holiday gifts, increased social obligations, and expectations to put on a “perfect” holiday celebration. These stressors can contribute to arguments or disagreements which may escalate into physical altercations. Additionally, increased alcohol consumption at holiday parties can often fuel arguments that turn violent.
The Consequences of a False Accusation
A false accusation of domestic violence can have serious consequences, both for the accused and for the accuser. Domestic violence accusations can lead to criminal charges, restraining orders, and even the loss of custody of a child. If an individual is falsely accused of domestic violence, their reputation and relationship with family and friends can be severely damaged, even if the accusations are ultimately dismissed. False accusations can also be used as a bargaining tool in divorce or custody cases, with some individuals using them to gain an advantage in court or negotiations.
Legal Protections for Those Falsely Accused
If you have been falsely accused of domestic violence during the holiday season, there are legal protections available to you. The first step is to seek the advice of an experienced criminal defense lawyer. They can help you navigate the legal system and defend your rights. Some legal protections available to those falsely accused of domestic violence include the Sixth Amendment right to counsel and the right to a fair and impartial trial. Additionally, individuals accused of domestic violence have the right to present evidence in their defense and cross-examine witnesses.
Protecting Yourself from False Accusations
While there is no guaranteed way to avoid false accusations of domestic violence, there are steps you can take to protect yourself. Firstly, it’s important to avoid confrontations with family or loved ones during holiday celebrations, particularly when alcohol is involved. Secondly, if you’re in a volatile relationship, you may want to consider seeking professional counseling or taking a break from the relationship during the holiday season. Finally, if you are falsely accused of domestic violence, it’s important to remain calm and level-headed. Do not engage in any behavior that could be perceived as threatening or violent, and seek legal advice as soon as possible.
Understanding the Impact of False Accusations on Domestic Violence Survivors
While it’s important to protect yourself from false accusations of domestic violence, it’s equally important to understand the impact that these accusations have on domestic violence survivors. False allegations can perpetuate the stereotype that domestic violence survivors are liars or that domestic violence is not a serious issue. It also takes focus away from the real victims of domestic violence and can create an environment in which survivors are afraid to speak out for fear of not being believed. It’s important to remember that domestic violence is a serious issue that affects millions of people every year, and that false allegations do a disservice to those who are truly in need of help.
Conclusion
False allegations of domestic violence can have devastating impacts on both the accused and the accuser, and the holiday season can be a particularly challenging time of year when it comes to such accusations. As we celebrate the holidays this year, it’s important to be mindful of the potential for tensions to escalate, and to take steps to protect ourselves and our loved ones. By remaining calm, seeking legal advice as soon as possible, and understanding the impact of false allegations on domestic violence survivors, we can ensure that the holiday season remains a time of joy and togetherness for everyone.
Source: Holiday Season and False Allegations of Domestic Violence
Drug Charges Upgraded to Felony: Understanding the Charges and What to Do
kolsrudlawoffices.com
Investigative Article
The Truth About Drug Charges Elevated to a Felony
Drug charges are a serious matter, and when those charges are elevated to a felony, the consequences can be severe. While many people are aware of the basics of drug charges, such as what constitutes possession, they may be unaware of what can cause a misdemeanor drug charge to be elevated to a felony charge. In this investigative article, we will take an in-depth look at drug charges and the reasons why they are sometimes elevated to a felony.
What is a Felony Drug Charge?
A felony drug charge is a serious offense that usually involves the manufacture, sale, or trafficking of drugs. These offenses are classified as felonies because they are considered more severe than misdemeanor charges. Felony charges result in substantially more jail time, higher fines, and longer probation periods. Individuals charged with felony drug offenses may not be eligible for bail or may face significantly higher bail amounts than those charged with misdemeanors.
What is a Misdemeanor Drug Charge?
A misdemeanor drug charge is a lesser drug offense that typically involves drug possession for personal use. Misdemeanor charges can result in smaller fines, shorter probation periods, and less jail time. Individuals charged with misdemeanors may also be eligible for bail, and their bail amounts are usually much lower than those charged with felonies.
Why Was My Misdemeanor Charge Elevated to a Felony Charge?
One of the most significant reasons for a misdemeanor drug charge to be elevated to a felony is the quantity of drugs found. In many cases, a small amount of drugs will result in a misdemeanor charge, but if a larger quantity is found, the charge may be elevated to a felony. Additionally, if the individual has a history of drug offenses, this can result in the charge being elevated.
What is Possession with Intent?
Possession with intent refers to the intent to sell drugs, even if the individual has not yet sold or distributed the drugs. In cases of possession with intent, the charge is automatically escalated to a felony. The intent to sell drugs can be inferred from the quantity of drugs found, drug paraphernalia such as baggies, scales, or large sums of cash.
Can Prescription Drugs Lead to a Felony Charge?
While prescription drugs are legal when prescribed by a licensed physician, their possession or distribution can result in criminal charges. Prescription drug charges can be misdemeanors or felonies, depending on the quantity of drugs, the intent to sell or distribute the drugs, and the individual’s prior history of drug offenses.
Fighting Felony Drug Charges
If you are facing felony drug charges, it is crucial to speak with an experienced criminal defense attorney. Your attorney can help you understand the charges and the possible consequences. Your attorney can also work to develop a defense strategy and fight to protect your rights, reputation, and freedom.
Contact a Criminal Defense Attorney
If you are facing drug charges elevated to a felony, the experienced criminal defense attorneys at Kolsrud Law Offices can help. Our attorneys have the skills, knowledge, and compassion needed to fight for your rights and protect your future. Contact us today to schedule a consultation.
Drug Charges Elevated to a Felony-