Articles Posted in Violent Crimes

Challenging the Denial of a Motion to Suppress Based on Violent Police Activity in Arizona
James Novak

Can a defendant successfully suppress incriminating statements he made during a confession because of violent conduct from the police? In short, sometimes. A recent case coming out of the Court of Appeals of Arizona, First Division explores this question, and the case ultimately decided that when the police officers’ violent conduct happens separately from the…

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“Knowing” vs. “Reckless” Murder in Arizona Criminal Cases
James Novak

In the criminal context, the defendant’s mental state when committing a murder is important. In Arizona, courts differentiate between a murder that was “knowing or intentional,” and “reckless.” A recent case before the Arizona Court of Appeals, Division Two, highlights the important differences between both categories – the difference, for better or for worse, can…

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The Uphill Battle of Criminal Appeals in Arizona
James Novak

Facing criminal charges can be an arduous journey, and the prospect of a successful appeal post-conviction can be even more challenging. In a recent Arizona case, the defendant appealed his convictions for aggravated assault and related charges. This blog post explores the difficulties encountered in pursuing a criminal appeal after a conviction. According to the…

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Arizona Defendant Argues Body Camera Footage Inadmissible at Trial, but Court of Appeals Disagrees
James Novak

In a recent case before a court of appeals in Arizona, the defendant took issue with evidence that the lower court admitted during his trial. Originally, the defendant was charged with aggravated domestic violence. His case went to trial, a jury found him guilty, and the defendant appealed, arguing that one of the police officer’s…

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Arizona Defendant in Aggravated Assault Case Challenges Guilty Conviction Based on Officer’s Muted Body Camera
James Novak

In a September 2023 case before an Arizona court of appeals, the defendant appealed a jury’s finding that he was guilty of aggravated assault. The defendant was first charged after a security guard saw him attack a man on the sidewalk. The defendant pled not guilty, and he also filed a motion to dismiss, arguing…

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Arizona Defendant Loses Appeal in Attempted Murder Case, Despite Court’s Extensive Review of Record
James Novak

Recently, an Arizona court of appeals sided with the State in an appeal revolving around a defendant’s conviction for attempted murder. The defendant was first charged after an incident in which he grabbed hold of a woman, assaulted her, and attempted to kill her. His case went to trial, and the jury found him guilty.…

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Arizona Defendant Unsuccessfully Appeals Aggravated Assault Conviction, Despite Self-Defense Argument
James Novak

Recently, a court of appeals in an Arizona criminal case affirmed the defendant’s conviction for aggravated assault. The defendant was first charged after an altercation between himself and a man standing at a bus top – the incident became violent, and the defendant shot the man once in the stomach. A jury found the defendant…

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Arizona Court Agrees with Defendant in Aggravated Assault Case, Protecting the Right to Remain Silent During Interrogation
James Novak

An Arizona appellate court’s July 2023 decision in an assault case highlights the importance of safeguarding the defendant’s right to remain silent during interrogation. In this case, the defendant was convicted of aggravated assault and endangerment. A police officer interrogated the defendant, and he declined to answer several of her questions. Later, after a jury…

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Recent Entries

When Can an Officer Reasonably Prolong a Traffic Stop in Arizona? In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the...

What Are the Differences Between DUI, Extreme DUI, and Aggravated DUI in Arizona? In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are...

Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for...

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

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