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Category Archives: Criminal Defense

Tempe, Arizona—home to Arizona State University—is a vibrant college town. However, its proximity to a bustling nightlife and social scene sometimes puts students and residents at risk of facing drug possession charges. If you find yourself accused of possessing illegal substances, it’s essential to understand your rights under Arizona law and the best ways to protect your future. Below is an in-depth look at what you need to know and the steps you can take to navigate this challenging situation.

A realistic and serious depiction of a teenager caught with drugs in a school setting. The teenager, dressed in casual school clothes, looks nervous


1. Understanding Drug Possession Charges in Arizona

Arizona has some of the strictest drug laws in the country. Penalties can vary depending on factors such as:

  • Type of Substance: Charges differ for marijuana, prescription drugs, narcotics, or more dangerous substances like methamphetamine.
  • Quantity: Possessing a small personal-use amount may result in lesser charges than possessing a large quantity that suggests intent to distribute.
  • Criminal History: First-time offenders may qualify for diversion programs, while repeat offenders face tougher penalties.

Under Arizona Revised Statutes—particularly Title 13—drug charges can lead to fines, community service, probation, or even significant jail time. Understanding the exact nature of your charges is crucial to building a proper defense.


2. The Impact on College Students at ASU

If you’re an Arizona State University (ASU) student, you have additional concerns beyond the legal penalties:

  • Academic Consequences: Students may face disciplinary actions from ASU, including suspension or expulsion.
  • Housing Restrictions: A drug-related offense might jeopardize on-campus housing or violate lease agreements in off-campus residences.
  • Financial Aid & Scholarships: Certain grants, loans, and scholarships can be lost if you are convicted of a drug-related offense.
  • Career Outlook: Many employers conduct background checks, so a conviction can significantly limit future employment opportunities or professional certifications.

3. Why You Need Legal Representation Immediately

Facing drug charges without professional help can lead to severe outcomes. A dedicated Tempe criminal defense attorney can:

  1. Explain the Charges
    • Clarify your rights, possible defenses, and potential legal outcomes.
  2. Protect Your Rights
    • Law enforcement may use statements you make against you. A lawyer ensures you don’t unintentionally incriminate yourself.
  3. Negotiate with Prosecutors
    • Skilled negotiation can sometimes result in lesser charges or alternative sentencing (such as a drug diversion program).
  4. Challenge Evidence
    • Your lawyer can question the legality of search and seizure procedures or point out flaws in lab tests.
  5. Pursue Alternatives to Conviction
    • For first-time offenders, programs like TASC (Treatment Assessment Screening Center) or drug court may be available, helping you avoid a permanent criminal record.

4. Your Action Plan: Handling a Drug Possession Arrest

  1. Stay Calm and Polite
    • Do not argue with the arresting officer or resist arrest, as it can worsen the situation.
  2. Use Your Right to Remain Silent
    • Politely but firmly let officers know you will not answer questions without an attorney present.
  3. Request an Attorney Immediately
    • Call Ted Law at (602) 453-3100 or contact a trusted criminal defense lawyer. Time is critical; the sooner you have representation, the stronger your defense can be.
  4. Avoid Discussing Your Case
    • Refrain from talking about the charges with anyone other than your lawyer—this includes social media, text messages, and phone calls from jail.
  5. Follow Your Attorney’s Guidance
    • Your lawyer will advise you on court appearances, evidence collection, and statements. Stick to the plan to achieve the best possible outcome.

5. Potential Defenses & Outcomes

  • Unlawful Search or Seizure: If the evidence was obtained without a valid warrant or probable cause, it might be excluded from court.
  • Lack of Knowledge: You may argue you were unaware of the drugs in your vicinity (e.g., someone left them in your car).
  • Entrapment: In rare cases, you might claim law enforcement induced you to commit the offense.
  • Diversion Programs: First-time offenders who meet specific criteria may have charges reduced or dismissed upon successful program completion.

Each situation is unique, and the best defense depends on the specific details of your case.


6. How Ted Law Can Help

At Ted Law, we have experience defending ASU students and Tempe residents facing drug charges. We recognize the high stakes—academic, financial, and personal—that come with a drug conviction. Our firm offers:

  1. Customized Strategies: We tailor a defense approach that suits your case, focusing on your unique circumstances.
  2. Proactive Communication: We keep you informed, promptly answering questions and clarifying legal procedures.
  3. Aggressive Advocacy: Whether negotiating a plea deal or fighting in court, we work tirelessly to preserve your rights and future.

7. Don’t Let a Drug Charge Derail Your Future

A drug possession charge does not have to define your life. With the right legal representation and a well-crafted defense, you can protect your education, career prospects, and personal reputation.

Call Ted Law at (602) 453-3100 or reach out online for a free consultation. We’re available 24/7 to discuss your rights, walk you through your legal options, and start building a robust defense tailored to your needs.


Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, please consult an attorney.

When facing criminal charges in Tempe, Arizona, you have more options than simply challenging the prosecutor’s evidence. Under Arizona law, there are two primary categories of defenses—affirmative defenses and justification defenses—that can significantly impact the outcome of your case. Below is an overview of both, along with how they could play a crucial role in protecting your rights and freedom.

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1. Affirmative Defenses

Under A.R.S. § 13-205, defendants raising an affirmative defense must prove it by a preponderance of the evidence—a lower standard than the State’s burden to prove guilt beyond a reasonable doubt, but a burden on the defendant nonetheless.

Common Affirmative Defenses in Arizona

  • Entrapment
    You claim law enforcement coerced or induced you into committing a crime you otherwise would not have committed.
  • Lack of Sexual Interest
    Typically used in certain sex crime cases where demonstrating a lack of sexual intent is pivotal.
  • Inoperable Firearm
    In Misconduct Involving Weapons cases, showing a firearm could not function may negate certain weapons charges.
  • Using a Drug as Prescribed
    In DUI cases, demonstrating you were following legitimate medical advice when using a prescribed substance can be a viable defense.

Because affirmative defenses shift the responsibility of proof to you, it’s critical to have knowledgeable legal counsel who can gather compelling evidence and present a persuasive argument in court.


2. Justification Defenses

Unlike affirmative defenses, justification defenses in Arizona do not require you to prove anything. Under the updated language of A.R.S. § 13-205, once there is any evidence supporting a justification defense, the State must prove beyond a reasonable doubt that you were not justified.

Common Justification Defenses

  1. Self-Defense
    Claiming you used force to protect yourself from imminent bodily harm.
  2. Defense of Property
    Arguing your force was necessary to prevent illegal interference with your possessions.
  3. Defense of a Third Party
    Intervening on someone else’s behalf to stop immediate harm or threat.
  4. Use of Force in Crime Prevention
    Taking necessary action to halt the commission of a serious criminal act.
  5. Duress
    Showing you were coerced into unlawful conduct by immediate threats of harm or death.

Once your attorney introduces enough evidence to warrant one of these defenses, prosecutors must overcome it by demonstrating beyond a reasonable doubt that your actions were not justified.


Why These Defenses Matter for Tempe Residents

Tempe is home to a diverse community, including students from Arizona State University, longtime residents, and tourists. Whether you are a local or a visitor, being arrested for a crime can be overwhelming. If you’re faced with serious allegations—ranging from DUI to assault to weapons charges—either an affirmative or justification defense may be a game-changer in your case.

Key Points

  • Burden of Proof: Affirmative defenses require you to prove key facts; justification defenses shift the burden back to the prosecution.
  • Legal Nuance: Properly invoking these defenses demands knowledge of Tempe court procedures and Arizona statutes.
  • Potential Outcomes: A well-argued defense can lead to reduced or dropped charges, minimizing or eliminating penalties that could affect your future.

Building a Strong Defense Strategy

Defending against criminal charges in Tempe goes beyond just claiming innocence. You need a well-rounded approach that may incorporate:

  1. Factual Investigation: Gathering police reports, surveillance footage, witness statements, and any other evidence that supports your defense.
  2. Statutory Analysis: Examining Arizona’s criminal codes to identify potential affirmative or justification defenses.
  3. Courtroom Advocacy: Presenting arguments convincingly before a judge or jury, ensuring they understand how the law applies to your situation.

Contact Ted Law in Tempe, Arizona

If you’re facing criminal charges and believe an affirmative or justification defense could apply to your case, don’t go it alone. Attorney Theodore Agnick at Ted Law has extensive experience navigating Arizona’s criminal justice system, including Tempe’s local courts. Our firm is committed to protecting your constitutional rights and fighting for the best possible resolution.

  • Free Consultation: Learn about your legal options at no cost.
  • Client-Focused: We offer personalized attention and open communication from start to finish.
  • Available 24/7: We understand emergencies happen day or night.

Call (602) 453-3100 or reach out online to schedule a confidential, no-obligation consultation. We’re here to help you mount the strongest possible defense, ensuring your side of the story is heard and your rights remain protected.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. For counsel specific to your situation, consult a licensed attorney.

January 6, 2025

What Are Dangerous Offenses in Arizona?

According to Arizona Revised Statutes § 13-105(13), a dangerous offense is one that involves either:

  1. The use, threatened exhibition, or discharge of a deadly weapon or dangerous instrument, or
  2. The knowing or intentional infliction of serious physical injury.
  • Deadly weapons include firearms and any other object designed for lethal use.
  • Dangerous instruments can be anything readily capable of causing serious physical injury or death, depending on how it is used or threatened to be used.
  • Serious physical injury involves a reasonable risk of death, permanent and serious disfigurement, loss or impairment of a bodily organ or limb, or serious impairment of health.

Attachment Details

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Examples of Dangerous Offenses

Many crimes in Arizona may be classified as dangerous offenses if they involve deadly weapons or result in serious physical injury. These can include:

  • Murder
  • Manslaughter
  • Sexual Assault
  • Aggravated Assault causing serious bodily harm
  • Dangerous Crimes Against Children
  • Sexual Conduct with a Child Under 15
  • Child Prostitution
  • Arson of an Occupied Structure
  • Armed Robbery
  • First-Degree Burglary
  • Kidnapping (involving a weapon)

For instance, if you commit kidnapping using a handgun, you could be charged with a dangerous offense and face elevated sentencing.


Sentencing for Dangerous Offenses

Arizona applies a unique sentencing scheme under A.R.S. § 13-704 when the offense is deemed dangerous:

  • Class 2 Felony: 7 to 21 years in prison (presumptive term is 10.5 years)
  • Class 3 Felony: 5 to 15 years in prison (presumptive term is 7.5 years)
  • Class 4 Felony: 4 to 8 years in prison (presumptive term is 6 years)
  • Class 5 Felony: 2 to 4 years in prison (presumptive term is 3 years)
  • Class 6 Felony: 1.5 to 3 years in prison (presumptive term is 2.25 years)

Unlike non-dangerous offenses, aggravating and mitigating factors typically do not reduce or increase a sentence for a dangerous offense. The presumptive term is often imposed unless there are very specific circumstances.

Examples of Penalties

  • Armed Robbery (Class 2 Felony): 7 to 21 years in prison, plus up to $150,000 in fines.
  • Assault with a Deadly Weapon (Class 3 Felony): 5 to 15 years in prison, plus up to $150,000 in fines.

Repeat Dangerous Offenses

If you have prior felony convictions for dangerous offenses, you face even harsher penalties under Arizona law. For instance:

  • One Historical Prior Felony (Class 2 Dangerous): Sentences can go up to 28 years.
  • Two or More Historical Prior Felonies (Class 2 Dangerous): Sentences can go as high as 35 years.

Defending Against Dangerous Offense Charges

Although being accused of a dangerous offense is serious, a conviction is not guaranteed. Attorney Theodore Agnick at Ted Law will explore defenses such as:

  1. Reasonable Doubt: Challenging the evidence and witnesses to show the prosecution failed to prove each element beyond a reasonable doubt.
  2. Self-Defense: Arguing that a weapon was used lawfully to protect yourself or someone else.
  3. Procedural Violations: Demonstrating that your constitutional rights were violated during the investigation or arrest (e.g., unlawful search and seizure).
  4. Lack of Intent: Showing that you never knowingly or intentionally caused serious physical injury.

By investigating every angle, we can often negotiate for reduced charges or even get charges dismissed.


Why Choose Ted Law for Your Defense?

  • Dedicated Focus: Attorney Theodore Agnick devotes his practice to criminal defense, ensuring up-to-date knowledge of Arizona statutes and case law.
  • Proven Track Record: We have experience defending clients in Tempe, Phoenix, and surrounding areas against serious felony charges, including dangerous offenses.
  • Client-Centered Approach: We keep you informed at every stage and tailor defense strategies to the specifics of your case.

Contact Ted Law Today

Dangerous offenses carry severe penalties—longer prison terms, higher fines, and a lifetime impact on your record. Don’t face these charges alone. If you’re under investigation or already charged in Tempe or Phoenix, contact Attorney Theodore Agnick at Ted Law immediately.

Call (602) 453-3100 or reach out online for a free, confidential consultation. We’re committed to providing you with a strong legal defense so you can focus on moving forward with your life.


Disclaimer: This content is for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult an attorney.

If you have been investigated for—or charged with—a dangerous offense in Arizona, you could face significantly harsher penalties than for a standard criminal charge. Tempe and Phoenix prosecutors take these cases very seriously because they involve deadly weapons or the infliction of serious physical injury. At Ted Law, Attorney Theodore Agnick provides strategic and aggressive defense for individuals facing dangerous offense charges. With years of experience defending clients throughout Tempe, Phoenix, and surrounding areas, Attorney Agnick understands the complexities of Arizona law and how to protect your rights.

Operating a motor vehicle without a valid and current driver’s license is illegal in Arizona. This includes driving on a suspended or revoked license. Violating this law can result in further license suspension, fines, vehicle impoundment, and even potential jail time. If you face charges for driving on a suspended license, consult a criminal defense attorney in Scottsdale.
<h2>Understanding Suspended Licenses:</h2>
Drivers on Arizona’s public roads must possess valid licenses. Arizona Revised Statutes (ARS), Section 28-3473, makes it illegal to operate a motor vehicle on a public highway if the driver’s privilege to drive is suspended, revoked, canceled, or refused. It is also against the law to operate a motor vehicle while disqualified from driving.

A suspended license in Arizona entails the temporary removal of driving privileges. It is an administrative action taken for certain crimes or offenses, such as excessive points on the license, alcohol-related crimes, moving violations, or failure to pay a ticket or appear in court. Infractions like delinquent child support and other criminal convictions can also lead to suspension.
<h2>Penalties for Driving on a Suspended License:</h2>
Violating ARS 28-3473 is a class 1 misdemeanor, carrying potential severe penalties, including vehicle impoundment for up to 30 days, up to six months in jail, up to three years of probation, fines up to $2,500, and additional license suspension or revocation. While jail time is rare for a first offense, it is a possibility for repeat offenders or those with prior criminal/driving records, leading prosecutors to seek more severe penalties.
<h2>Getting Your Driving Privileges Reinstated:</h2>
If your license gets suspended, you’ll receive a notice by mail at your last known address. This notice will contain instructions on how to reinstate your driver’s license and when you can do so. Unfortunately, some people may miss these notices, leading to accidental violations of ARS 28-3473.
<h2>Common Defenses:</h2>
If you’re arrested for driving on a suspended license in Arizona, contact the criminal defense attorneys at Ted Law immediately. They can help you understand your rights and explore defense strategies to dismiss your charges or reduce penalties. Defense strategies may include lack of criminal intent (lack of knowledge of driving on a suspended license), improper notification by the MVD, no evidence of driving, and constitutional rights violations. Call (602) 453-3100 for a free initial case evaluation.