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Prescott Valley Criminal Law Blog

Domestic violence charges can affect one's right to buy a firearm

Oftentimes, a domestic dispute comes down to nothing more than a "he said, she said," argument. Unfortunately, some people will claim -- even falsely -- that an act of domestic violence has occurred. This is very serious, as being charged with domestic violence can affect a person's rights in Arizona, including the right to purchase or own a firearm.

Under the Lautenberg Amendment in the U.S. Code, it is against the law to sell or dispose of a firearm to a person if there exists "reasonable cause to believe" that the person has committed an act of domestic violence, even if it was merely a misdemeanor charge. Moreover, even if a person's domestic violence conviction is set aside, they still might not be able to possess a firearm, particularly if the offense involved a serious injury, the use of a deadly instrument or if the person harmed was under age 15.

Sex crime charges dropped against ex University of Arizona dean

Being accused of rape can be incredibly damaging on a personal and professional level. Due to the serious nature of the crime, it is of the utmost importance that the accused's constitutional rights are upheld every step of the way.

A former pharmacy dean for the University of Arizona who was accused of committing rape has had the charges against him dropped. The accused had, since being charged with the crime two years ago, always insisted that he was innocent. Now, the charges against him have been dropped after it was deemed to be doubtful that the prosecution could convict the man. The man's attorneys have also argued that area police were biased in favor of the woman who claimed she was raped.

Sex crimes and the 'Romeo and Juliet' defense

Just like the fabled "Romeo and Juliet" of Shakespearean lore, whether or not their parents approve, teenagers in Arizona will experiment with their sexuality. It is part of growing up, and, ultimately, teenagers who are experiencing their first love or are simply curious may engage in sexual acts.

Parents may think that their child was taken advantage of in such situations, and, in some cases, may even want to claim that an illegal sexual offense has occurred against their child. However, there are certain circumstances in which consensual sexual activities between two teenagers will not be considered illegal.

What are the 4 categories of domestic abuse?

When Arizona residents think about domestic violence, they usually only think about physical violence committed against a spouse, intimate partner or family member. However, there are four primary categories of domestic violence you could be accused of.

These categories include: (1) physical abuse, (2) sexual abuse, (3) emotional abuse and (4) economic abuse.

How can a conviction in Arizona be 'set aside'?

One of the unfortunate consequences of being convicted of a crime is having a criminal record. Even once that person's jail sentence has been served, their criminal record will still be available to others, making it difficult to find a place to live, obtain employment or own a firearm.

This may seem unfair, as once a person serves their sentence, they deserve to be free to reintegrate back into society on a clean slate. For this reason, while in Arizona a judgment of guilt cannot be expunged, it can be "set aside."

What constitutes the crime of assault in Arizona?

When people in Arizona think of the crime of assault, they may imagine a person who was brutally beaten in a fight with another person. Therefore, it may be surprising to hear that, in Arizona, a person can be charged with assault even if they never harmed the other party. In Arizona, assault occurs when a person either threatens to injure someone or tries to do so. Under Arizona statutes, assault can be intentional, knowing or reckless.

Intentional assault occurs when the accused's aim is to cause injury. Knowing assault occurs when the accused is aware that their actions could injure a person, even if they do not know that it is against the law. Reckless assault occurs when the accused purposefully disregards the fact that their actions would present a substantial and unjustifiable risk of injury to another person.

Neighborhood argument leads to assault charges

Some may say that "good fences make good neighbors," but it is still the case that neighbors don't always see eye-to-eye. Sometimes, this means they'll simply ignore each other, but other times heated arguments can ensue. Such arguments ultimately lead to one or both parties being charged with a crime. For example, a 23-year-old Arizona man is facing aggravated assault charges for allegedly beating a 70-year-old man. However, the accused claims the older man hit him first.

The incident took place in Phoenix. According to police, the accused was driving above the posted speed limit in a neighborhood. The 70-year-old man, citing a concern for the welfare of children in the neighborhood, reportedly shouted at the accused to drive slower. At that point, police claim that the accused turned around and went to the man's residence and confronted him there.

When does an Arizona resident need to register as a sex offender?

When it comes to sex offenses, the consequences of a conviction can last long after the person's prison sentence is fulfilled. For example, in Arizona, a person who was convicted of a sex crime may need to register as a sex offender. This could affect where that person can live, and what types of jobs they can obtain.

What kind of crimes require a person to register as a sex offender? Many of these crimes involve minors. If the reported victim is under age 18 and is unlawfully imprisoned or kidnapped by a person other than their parent, the accused may have to register as a sex offender. In addition, if a person reportedly sexually abuses someone under age 18 or commits child molestation, that person may need to register as a sex offender. Also, if a person prostitutes a child, this is also an offense that will require that person to register as a sex offender. Child sex trafficking and commercial sexual exploitation of a minor are also crimes that require a person to register as a sex offender.

Is it legal for police in Arizona to set up DUI checkpoints?

People in Arizona may notice that, especially around holidays such as Labor Day, the Fourth of July and New Year's Eve, police in the state set up checkpoints in order to try to identify and arrest drunk drivers. However, even motorists who haven't been drinking can be stopped at these checkpoints. They may wonder, then, if such checkpoints are even legal.

The United States Supreme Court determined in 1990 that it is legal for police to set up DUI checkpoints. Although the Fourth Amendment protects individuals from unreasonable searches and seizures, DUI checkpoints did not violate this law. This is because there are circumstances in which a search will be considered to be reasonable, even if police do not have a warrant. Usually this is the case if police have probable cause to believe the search is needed. One example of this is searches during an arrest, as there is probable cause to think that the individual being arrested has broken the law.

4 Important facts about juvenile incarceration in the U.S.

Your child is facing criminal charges. It's a day you never thought you'd experience until you got that phone call. You're wondering if it's going to change your child's life -- and your own -- forever.

At the same time, you're determined to look at the positives. You want to know the facts. You want to know your legal options. You want to fully understand the situation and exactly what it means. You know that's the only way you can all move forward.

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Somos abogados con alta experiencia en casos criminales y casos de D.U.I. Su caso sera examinado completamente y a fondo. Nosotros le explicaremos la ley y cuales podrian ser sus consecuencias. Interrogamos a quienes lo acusan e investigamos toda acusacion contra usted.

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