Highly Experienced Tempe Criminal Defense Attorney Protecting Clients’ Records and Futures Through Aggressive Advocacy
If you’ve been charged with a misdemeanor in Tempe, it’s essential that you take a few minutes to familiarize yourself with what’s at stake and what you can do to prevent a conviction from jeopardizing the rest of your life. At the Law Office of James E. Novak, we provide skilled legal representation to individuals charged with misdemeanors, working to minimize the impact on your life and future.
Common Misdemeanors in Arizona
Misdemeanors in Arizona are classified into three categories: Class 1, Class 2, and Class 3, with Class 1 being the most serious. Below are some of the most common misdemeanors in Arizona courts:
- DUI (Driving Under the Influence): Even a first-time DUI offense is treated seriously in Arizona. A DUI charge is typically a Class 1 misdemeanor unless there are aggravating factors like prior convictions or extremely high BAC levels.
- Theft: Theft involving property valued at less than $1,000 is generally charged as a misdemeanor. Depending on the specific amount stolen, the offense may be a Class 1, 2, or 3 misdemeanor.
- Assault: Simple assault, which involves intentionally causing physical injury to another person or putting them in fear of injury, is usually classified as a Class 1 misdemeanor, particularly if there is no use of a weapon or serious injury involved.
- Disorderly Conduct: Actions that disturb the peace, such as engaging in fighting or making unreasonable noise, are often charged as disorderly conduct. This is typically a Class 1 misdemeanor, especially if it involves disruptive behavior in public.
- Criminal Trespassing: Entering or remaining on someone else’s property without permission can result in criminal trespassing charges. Trespassing is usually charged as a Class 3 misdemeanor unless it involves certain aggravating factors, such as entering a fenced residential property, which could elevate it to a more serious charge.
While misdemeanors are less serious than felonies, they can still lead to a criminal record and impact your ability to secure employment, housing, or even professional licenses. It’s important to take these charges seriously and consult with a knowledgeable Tempe criminal defense attorney to explore all of your possible defenses.
The Punishment for a Misdemeanor Conviction
The penalties for a misdemeanor conviction in Arizona vary depending on the class of misdemeanor.
- Class 1 Misdemeanor: This is the most serious type of misdemeanor in Arizona and includes offenses such as DUI, theft (for property valued under $1,000), and assault. A conviction can result in up to 6 months in jail, fines of up to $2,500, and probation. In DUI cases, additional penalties like license suspension, mandatory alcohol education classes, and the installation of an ignition interlock device may also apply.
- Class 2 Misdemeanor: Offenses like criminal trespassing and some lower-level thefts fall under this category. A Class 2 misdemeanor conviction can lead to up to 4 months in jail and fines of up to $750, along with probation and community service requirements.
- Class 3 Misdemeanor: This is the least serious misdemeanor category, covering crimes like certain forms of disorderly conduct or minor criminal trespassing. A Class 3 misdemeanor conviction carries a maximum penalty of 30 days in jail and fines up to $500, with probation and community service often included.
It’s important to note that even if you do not face jail time, a misdemeanor conviction will still result in a permanent criminal record, which can have lasting effects on your personal and professional life. However, with the right Tempe misdemeanor defense lawyer in your corner, you may be able to minimize the penalties, reduce your charges, or even have the case dismissed.
You May Qualify for a Diversionary Program
In some cases, those charged with misdemeanors may be eligible for one of Arizona’s diversion programs. These programs are designed to give certain first-time offenders the opportunity to avoid a formal conviction by completing specific requirements, such as:
- Attending Counseling or Classes: This may include alcohol or drug education programs, anger management courses, or theft diversion classes, depending on the charge.
- Community Service: Many diversion programs require participants to complete a set number of community service hours as part of their agreement.
- Restitution: In cases involving theft or property damage, participants may be required to pay restitution to the victim as part of the diversion agreement.
If you successfully complete the requirements of the diversion program, the charges may be dismissed, and you will avoid having a criminal conviction on your record. However, diversion programs are not available for all misdemeanor offenses, and eligibility will depend on the nature of the crime and your prior criminal history. An experienced Maricopa criminal defense attorney can evaluate whether you qualify and help guide you through the process.
Speak With a Knowledgeable Tempe Criminal Defense Attorney About Your Case Today
At the Law Office of James E. Novak, we understand how overwhelming it can be to face criminal charges. Whether you are dealing with a DUI, theft, assault, or another misdemeanor offense, we are here to help you navigate the legal process and protect your rights. As a former prosecutor, James E. Novak has in-depth knowledge of both sides of the criminal justice system, which allows him to craft strong defense strategies for his clients. To learn more, and to schedule a free consultation with our Maricopa County misdemeanor lawyer, give us a call at 480-413-1499. You can also reach us through our secure online contact form.