Protect Your Rights Both Inside and Outside the Courtroom.
Tucson Violent Crimes Lawyer
Reputable Criminal Defense Firm
The attorneys at Ralls & Wille, P.C. give a unique advantage to their clients based on their long history in criminal defense law. Many of the legal staff are bilingual in both English and Spanish and have handled cases in both federal and state courts. Whether you are charged with drug trafficking, crimes associated with illegal immigration, or another violent crime, Ralls & Wille, P.C. can help. They strive to give every client a personalized action plan.
How Are Violent Crime Sentences Determined?
Ralls & Wille, P.C. focuses on cases involving things like drug crimes, smuggling money and/or weapons, and conspiracy charges. In most cases, these crimes are considered felonies. There are several factors that go into sentencing for a felony, including:
- Standard Sentencing Laws: Arizona has laws that specify how little or how long a person must be sentenced depending on the crime they commit. There are also presumptive sentences, which are usually the starting point for a sentence. The presumptive sentence can be reduced or extended based on the context of the case.
- Contextual Factors: The most common types of factors that determine a violent crime sentence are mitigating factors and aggravating factors. Mitigating factors, like a defendant passively being involved in a crime, typically reduce the sentence of a violent crime. Aggravating factors, like being the principal participant in a crime or committing the crime in a way that is excessively violent, typically increase the sentence.
- Previous Convictions: If a convicted felon has other crimes on their record, they are usually subject to larger sentences, also known as enhanced sentences. Just like standard sentences, these are usually outlined in Arizona law.
Felony Classes
Violent crime sentencing also depends on the specific crime you are being accused of. Crimes are organized into classes that each have different lengths for sentencing:
- Class One: In most cases, this class is reserved for murder. Depending on whether the murder was committed in the first or second degree, the charge for a class one felony can range from 15 years to life in prison.
- Class Two: Most crimes considered class two felonies are things like manslaughter and other violent crimes like trafficking or producing illegal drugs. These crimes usually come with a 4-to-10-year prison sentence.
- Class Three: Felonies in class three usually involve theft of some kind, whether it be burglary within a residence or theft of a vehicle. It also includes assaulting someone with a weapon that is considered deadly. Class three felonies are usually sentenced to 2.5 years to 7 years in prison.
- Class Four: Other forms of theft and assault using a method other than a deadly weapon (like strangulation) are normally considered class four felonies that come with 1.5-to-3-year prison sentences.
- Class Five: Multiple attempts at domestic violence are sometimes considered aggravated domestic violence, which is a class five felony. Other forms of harassment, like stalking, are also included in this class. This class comes with the usual sentence of 9 months to 2 years.
- Class Six: Certain forms of theft and having things like drug paraphernalia could be considered a class six felony, but if no one was seriously injured and if there was no deadly weapon involved, this could change. With a good defense attorney, these charges could be reduced to a misdemeanor, depending on the context. If a felony conviction is decided, the sentencing ranges from 6 months to 18 months.
Why Do I Need an Attorney?
Being accused of a violent crime in Tucson, AZ is extremely serious. Many violent crimes, if you are convicted of them, also come with felony charges. A felony can severely limit your future options and restrict your rights, including:
- Voting: In Arizona, people convicted of felonies are no longer able to vote except in specific circumstances. This means that you will no longer be able to influence who represents you or impact the outcome of proposed legislation.
- Firearms: A felony conviction also removes your federal right to buy or even own firearms. This might also occur if you are convicted of domestic violence in some situations.
- Employment: Most employers conduct criminal background checks on potential job candidates. If they find a felony conviction on your record, they might think twice about hiring you. Certain companies and organizations have policies in place that prevent them from hiring those convicted of felonies or other types of charges.
- Housing: Similar to employers, landlords, banks, and other housing authorities are more hesitant to rent or sell to convicted felons.
Receiving a felony conviction can be extremely detrimental to your life. A respected criminal defense attorney might be able to reduce your felony charge to a misdemeanor in some cases or eliminate the charges entirely. This is why it is so important to seek trustworthy legal counsel when faced with violent crime charges.
Common Defense Strategies for Violent Crimes
Even if you receive violent crime charges, it is still possible to avoid or receive a reduced conviction. An attorney can defend you using arguments like:
- A Lack of Evidence: Even if some believe you committed the crime, it is the responsibility of the prosecution to prove it beyond a reasonable doubt. If the jury decides that they cannot do this, then they will most likely issue a not guilty verdict. This also applies to evidence that was taken illegally.
- Uncertainty: In many criminal cases, a witness must be able to identify the person that did the crime. Sometimes, this does not happen, leading to a lower likelihood of conviction.
- A Valid Alibi: An attorney can help gather evidence to support the fact that you were not present when the crime was committed.
- Intoxicated Without Your Consent: If you unknowingly consumed or were forced to consume drugs or alcohol in relation to the crime, then you might not have realized the gravity of the actions you were committing.
Every case is unique and requires a different strategy. A defense attorney in Tucson can inform you of what arguments might work well for your situation and let you know what could happen in your case.
FAQs:
Q: How Much Does a Criminal Lawyer Cost in Arizona?
A: A criminal lawyer typically costs $200-$300 per hour in Arizona. This figure can vary based on a specific lawyer’s experience level or how many cases they have won. It also depends on where in Arizona the attorney is based and how long it might take to effectively represent you. For more detailed information on how much a criminal defense attorney might cost, contact one directly and have a discussion with them via an initial consultation.
Q: What Are Criminal Defendants Entitled To?
A: Criminal defendants are entitled to several things when they are accused of a crime, including not being required to offer any additional information about their case to anyone. This law also means that defendants do not have to be called as witnesses to their own cases if they do not want to do so. They also have the right to a fair trial that includes a judge as well as a jury. Contact a criminal defense attorney for more information on your rights as a criminal defendant.
Q: Who Decides a Defendant’s Sentence?
A: A judge decides the sentence for someone convicted of a crime. A jury decides whether or not an individual accused of charges is guilty, otherwise known as a conviction. Just because you are given charges does not mean you are convicted of them. For some crimes, there are specific laws that outline the details of a punishment for someone who is convicted of that crime. These laws can vary by state or even by county, so it’s important to ask a lawyer for exact information.
Q: What Do Judges Take Into Consideration When Sentencing?
A: Judges can take several different things into consideration when sentencing, including their crime history and certain details of the crime itself. It might also help if a defendant clearly regrets their actions and shows this in court. Other factors include things like whether violence was involved as well as the defendant’s specific role in the case. While an attorney cannot predict a judge’s verdict, they might be able to give you feedback on your situation.
Stand Up for Your Rights
One criminal charge has the potential to completely change your life, especially if it is a felony. If you have been charged with a violent crime, contact a criminal defense attorney as soon as possible for next steps. Ralls & Wille, P.C. has over 40 years of experience in violent crime defense and can offer support for these types of charges. Schedule a consultation today to learn more about your legal possibilities.
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