Criminal Defense Attorney

the Harding Firm is focused on helping people through their tough criminal law matter

Facing criminal charges is frightening; this is why you need someone to fight for you effectively and successfully.

After being charged with a crime, the most significant thing you can do is to locate an attorney right away. The minute accusations are filed against you, your case begins.

Table of Contents

What to Expect after being arrested

First, evidence will be gathered against you through an initial investigation.
After the arrest, a prosecutor will determine what charges to file against you.
If criminal charges are filed against you, you could be arrested.

Criminal Defense

Experience The Harding Firm Difference

The court process:

The process begins with the arraignment before a judge in a court of law. This is when you will learn about the allegations, the potential consequences, and your rights. You are entitled to representation by counsel and should have one present at this hearing. The judge may sentence you immediately if you plead guilty. If there are victims, a sentencing hearing must be scheduled in the future; otherwise, a pretrial conference must be scheduled. The court may set aside or postpone an action if you plead not guilty. A pretrial conference is held before trial to establish procedures for both sides to argue their cases before the jury decides on guilt or innocence
At the pretrial conference, you’ll see the evidence that will be presented at trial and have a chance to investigate taking a plea. This is your chance to plead guilty to something less than what you’re charged with or to accept a specific fine or sentence rather than having the court determine it. If you and the prosecutor can’t come to an agreement, you have the option of going to court.
During the trial, it is up to the prosecutor to convince the judge or jury that you are guilty. You can also present your own argument or evidence in support of your innocence, or choose not to say anything at all.

The procedure is time-consuming and not simple. Relax by entrusting your case to an experienced criminal defense lawyer, at The Harding Firm, that has courtroom experience and will fight for your innocence or the greatest bargain possible.

Hiring an attorney to represent you and protect your rights during this process is your first course of action. You may put your faith in The Harding Firm for a wide range of problems.

Are you ready to begin?

At our law firm, we specialize defending the following Criminal Offenses:

We handle both Misdemeanors and Felonies

Misdemeanors

If you have been charged with a crime in Arizona, you may be wondering what exactly a misdemeanor is. A misdemeanor is a crimes that is punishable by up to one year in jail and/or a fine of up to $2,500. The most common types of misdemeanors are DUI, assault, theft, and drug possession.

Pre-charging representation

If you have been accused of a crime, you may be wondering what pre-charging representation is and whether or not you need it. In Arizona, pre-charging representation is when an attorney represents a client before charges are filed. This type of representation can be beneficial because it allows the attorney to investigate the allegations and gather evidence to build a strong defense.

A benefit of pre-charging representation is that it allows the attorney to provide advice and guidance to the client throughout the process. The attorney can inform the client of their rights and help them make decisions about how to best proceed.

Finally, pre-charging representation can help ensure that the client’s constitutional rights are protected. For example, if the police want to question the client, the attorney can be present to make sure that the questioning is done fairly and without coercion.

Felonies

If you have been charged with a felony in Arizona, it is important to understand the possible consequences you face. A felony conviction can result in significant jail time, as well as a loss of your civil rights. In this blog post, we will take a closer look at felonies in Arizona and what you can expect if you are convicted.

What is a Felony in Arizona?

In Arizona, a felony is defined as any crime that is punishable by death or imprisonment in the state prison. Felonies are classified into different categories, with Class 1 felonies being the most serious. Some examples of Class 1 felonies include murder, armed robbery, and kidnapping.

Assault

In Arizona, assault is a crime that occurs when a person intentionally or recklessly causes physical injury to another person. Assault can also occur when a person threatens to cause physical injury to another person, and the victim has a reasonable belief that the threat will be carried out.

There are two ways that assault can occur in Arizona: either through intentional or reckless conduct. Intentional conduct is pretty self-explanatory—it occurs when the perpetrator purposely causes physical injury to another person. Reckless conduct, on the other hand, occurs when the perpetrator consciously disregards a known risk of causing physical injury to another person.

Criminal damage

In Arizona, criminal damage is defined as knowingly causing physical damage to the property of another person. It can also include recklessly causing damage to property, and damaging property in order to defraud or injure someone. It includes graffiti, vandalism, and other types of property damage. If you have been charged with criminal damage in Arizona, you could be facing serious penalties.

Trespassing

In Arizona, there are three types of trespassing: criminal trespass in the first degree, criminal trespass in the second degree, and aggravated criminal trespass. The penalties for trespassing in Arizona depend on the severity of the offense. If the offense is classified as a misdemeanor, you may be fined up to $2,500 and/or jailed for up to six months. If the offense is classified as a felony, you may be fined up to $250,000 and/or jailed for up to two years. In addition, if you are convicted of trespassing, the court may order you to stay away from the victim’s property. If you have been charged with trespassing, it is important to speak to an experienced attorney who can help you understand your rights and options. An attorney can also help you navigate through the court system and ensure that your rights are protected every step of way. Contact our office today for a free consultation.

Disorderly conduct

If you’ve been charged with disorderly conduct in Arizona, you may be wondering what exactly that means. Disorderly conduct is a catch-all charge that can encompass a wide range of behaviors, from public intoxication to fighting in public to urinating in public. It’s important to note that you don’t actually have to succeed in disturbing the peace for disorderly conduct charges to be brought against you—simply engaging in behavior that has the potential to disturb the peace is enough.

Some examples of behavior that could result in disorderly conduct charges include:

Being drunk in public
Fighting or challenging someone to fight in public
Using offensive language in public
Making unreasonable noise in public
Intentionally blocking foot traffic
Interfering with a police officer
Disobeying a lawful order from a police officer

Domestic violence

Domestic violence is a crime that occurs when one intimate partner commits a violent act against the other. Domestic violence can take many forms, including physical, emotional, and mental abuse. In Arizona, domestic violence is taken very seriously. If you have been accused of domestic violence, it is important to understand the charges against you and to seek legal help as soon as possible.

Penalties for domestic violence in Arizona can be very severe. If you are convicted of domestic violence, you may be sentenced to prison, ordered to pay fines, or required to complete a batterer’s intervention program. In some cases, you may also be required to surrender your firearms. If you are convicted of a felony offense, you will lose your right to vote and your right to possess firearms. Additionally, a conviction for domestic violence will stay on your record permanently. This can make it difficult to find employment, housing, or even loans in the future.

Drug crimes

According to the Arizona criminal code, a person commits a drug crime by “manufacturing, transporting, possessing for sale or dispensing a dangerous drug.” If you have been arrested or are under investigation for a drug crime, it is important to understand the charges against you and the potential penalties you are facing. To get an idea of what you may be up against, let’s take a closer look at some of the most common drug crimes in Arizona.

Possession of a Dangerous Drug in Arizona

Possession of a dangerous drug is defined as “the intentional or knowing dominion or control over a dangerous drug.” The penalties for possession of a dangerous drug depend on the type and amount of drug involved. For example, first-time offenders convicted of possession of marijuana may be sentenced to probation and ordered to pay a fine. However, those convicted of possession of methamphetamine or cocaine may be sentenced to prison.

Transporting a Dangerous Drug in Arizona

Transporting a dangerous drug is defined as “the intentional or knowing transportation or importation into this state of a dangerous drug.” The penalties for transporting a dangerous drug also depend on the type and amount of drug involved. Those convicted of transporting marijuana may be sentenced to probation and ordered to pay a fine. However, those convicted of transporting methamphetamine or cocaine may be sentenced to prison.

If you have been arrested or are under investigation for a drug crime in Arizona, it is important to seek experienced legal representation as soon as possible. The consequences of a conviction can be severe, so do not take chances with your future. An experienced attorney will investigate the details of your case and work tirelessly to protect your rights and freedom.

Traffic Charges

Civil traffic offenses

A civil traffic offense is a non-criminal moving violation of the law that results in a fine or points against your driver’s license. In Arizona, there are two types of civil traffic offenses: infractions and ordinance violations. Infractions are less serious than ordinance violations and usually result in a fine. Ordinance violations are more serious and can result in points against your driver’s license.

Criminal Traffic Offense

Driving Under the Influence (DUI): If you have been charged with DUI in Arizona, you are facing some very serious consequences. A conviction for DUI can result in jail time, fines, probation, mandatory alcohol education classes, and the loss of your driver’s license. In addition, a DUI conviction will stay on your criminal record for life. The penalties for DUI in Arizona are some of the most severe in the nation.
There are 7 categories of DUI Offences in Arizona:
1. Standard DUI: This is charged when a person’s blood alcohol concentration (BAC) is 0.08% or more within two hours of driving or being in actual physical control of a vehicle.
2. Extreme DUI: This is charged when a person’s BAC is 0.15% or more within two hours of driving or being in actual physical control of a vehicle.
3. Super Extreme DUI: This is charged when a person’s BAC is 0.20% or more within two hours of driving or being in actual physical control of a vehicle.
4. Aggravated DUI: This is charged when a person commits a DUI while their driver’s license is suspended, revoked, or canceled; commits a third DUI within 84 months; commits a DUI while a person under 15 years of age is in the vehicle; or refuses to submit to a blood alcohol concentration test when required by an officer under the implied consent law.
5. Drug DUI: This is charged when a person is driving or in actual physical control of a vehicle while there is any drug defined in section 13-3401 or its metabolite in the person’s body.
6. Commercial DUI: This is charged when a person is driving a commercial motor vehicle with a BAC of 0.04% or more.
7. Underage DUI: This is charged when a person under the age of 21 has any amount of alcohol in their system while driving a vehicle.

Driving While License Suspended: This violation occurs when a person drives a vehicle on a highway when their privilege to drive a motor vehicle is suspended, revoked, canceled, refused, or when the person is disqualified from driving. The penalties for this violation can be severe, including a fine of up to $750, up to six months in jail, and an additional one-year suspension of driving privileges.
Vehicular Manslaughter (Negligent Homicide): This is a serious offense that involves causing the death of another person, including an unborn child, due to criminal negligence. This is classified as a Class 4 felony in Arizona. The penalties can include a prison sentence, fines, and the suspension of driving privileges. The exact penalties can vary depending on the circumstances of the case, including the level of negligence involved and whether the driver was under the influence of alcohol or drugs at the time of the incident.
Speeding in a School Zone: This violation occurs when a driver exceeds the posted speed limit in a designated school zone. These areas have reduced speed limits to ensure the safety of children and pedestrians. In Arizona, the speed limit approaching a school crossing is 15 miles per hour. Violating this law can result in a fine, points on your driving record, and potential increases in your car insurance rates.
Reckless Endangerment (Threatening or Intimidating): This offense involves engaging in reckless behavior that creates a substantial risk of physical injury or death to another person. In the context of driving, this could include actions like aggressive driving, excessive speeding, or ignoring traffic signals. Threatening or intimidating is a Class 1 misdemeanor, but it can be elevated to a Class 6 felony under certain circumstances, such as if the offense is committed in retaliation for a victim’s reporting of criminal activity.
Driving Without Insurance: In Arizona, all drivers are required to carry a minimum amount of liability insurance. Driving without valid insurance is a violation that can result in fines, license suspension, and other penalties. The exact penalties can vary depending on whether the driver has been convicted of driving without insurance in the past.

Probation violations

In Arizona, if you are convicted of a crime and placed on probation, it is important to understand the terms of your probation and how to comply with them. Failing to do so can result in a probation violation, which can have serious consequences.

If you are placed on probation in Arizona, you will be required to adhere to certain conditions during the probationary period. These conditions may include things like attending anger management classes, abstaining from alcohol or drugs, submitting to regular drug tests, or avoiding contact with certain people. If you fail to comply with any of the conditions of your probation, you may be subject to a probation violation.

Consequences of a Probation Violation

If you violate the terms of your probation, the consequences can be severe. You may be required to serve the remainder of your sentence in jail or prison. Additionally, a judge may impose additional conditions on your probation, such as requiring you to complete community service hours or undergo substance abuse treatment. If you are convicted of multiple probation violations, you may face harsher penalties, including an enhanced sentence or even a revocation of your probation altogether.

A probation violation can also have a negative effect on your criminal record. If you are convicted of a felony, a probation violation will likely show up on your criminal record and could make it difficult for you to find employment or housing in the future.

Sex crimes

In Arizona, sex crimes are defined as any criminal act that is sexual in nature. This can include anything from rape and sexual assault to child molestation and sexual abuse. If you have been charged with a sex crime, it is important to contact an experienced lawyer who can help you understand the charges against you and build a strong defense.

What are the penalties for sex crimes in Arizona?

The penalties for sex crimes in Arizona depend on the specific charge. For example, the penalty for rape is a prison sentence of 5-15 years, while the penalty for child molestation is a prison sentence of 10-24 years. molestation is a prison sentence of 10-24 years. If you are convicted of a sex crime, you will also be required to register as a sex offender. This means that your name and photo will be entered into a public database that can be accessed by anyone depending on the risk level you are assed with.

What are some common defenses to sex crime charges in Arizona?

Some common defenses to sex crime charges in Arizona include false accusations, consent, and mistaken identity. If you have been wrongfully accused of a sex crime, it is important to contact an experienced lawyer who will fight for your rights.

Property crimes

In Arizona, there are four main types of property crimes: burglary, theft, robbery, and criminal trespass. In this blog post, we’ll define each crime and explain the possible punishments for each one.

Burglery: Burglary is defined as entering a structure with the intent to commit a theft or a felony once inside. Burglary is classified as a felony in Arizona and is punishable by up to seven years in prison.
Theft: Theft is defined as taking someone else’s property without their permission with the intent to permanently deprive them of it. Theft can be either a misdemeanor or a felony, depending on the value of the property stolen. For example, if the value of the property stolen is less than $1,000, then it’s classified as a misdemeanor and is punishable by up to six months in jail. If the value of the property stolen is more than $1,000, then it’s classified as a felony and is punishable by up to two years in prison.
Robbery: Robbery is defined as using force or the threat of force to take someone else’s property from their person. Robbery is always classified as a felony in Arizona and is punishable by up to 15 years in prison.

Expungement/set asides

Being charged with a crime can be a very daunting experience. If you are convicted, you may have a criminal record that follows you around for the rest of your life, making it difficult to get a job, housing, or even a loan. But all is not lost. In Arizona, there is a process called “expungement” or “setting aside” a conviction that can give you a clean slate. Here’s everything you need to know about how it works.

1. What is an expungement/set-aside?

An expungement/set-aside is a way to have your conviction removed from your criminal record. This means that, after your conviction has been set aside, employers and landlords will not be able to see it when they do a background check.

2. How do I get an expungement/set-aside?

In order to get an expungement/set-aside, you must first complete your sentence and probation. This includes paying any fines or restitution that were part of your sentence. You must also wait at least one year after you have completed your sentence before you can apply for an expungement/set-aside.

Once you have completed these requirements, you can file a petition with the court asking for your conviction to be set aside. The court will then set a hearing date and notify the prosecuting attorney’s office of the hearing. At the hearing, the judge will decide whether or not to grant your request.

3. What if my request is denied?

If your request for an expungement/set-aside is denied, you can re-file your petition one year from the date of the denial.

If you have been convicted of a crime in Arizona, getting an expungement/set-aside can give you a fresh start. It’s important to remember that you must first complete your sentence and wait at least one year before applying for an expungement/set-aside. If your request is denied, don’t despair—you can re-file one year from the date of denial. Expungements/set-asides are not available in every state, so be sure to check with an attorney in your area to see if this option is available to you.

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