arizona

If you are accused of any type of crime in Arizona, it is important to understand whether you are being charged with a misdemeanor or felony, and what this distinction could mean for your future. The language of criminal law is very specific. It is critical to recognize the difference between a misdemeanor and a felony so you can adequately protect yourself.

If you are being charged with a traffic violation, classified as either a misdemeanor or a felony, contact our Arizona traffic ticket attorney at Corso Law Group. Call (480) 471-4616 today.

What Is a Misdemeanor in Arizona?

In Arizona, there are three main categories of crimes: minor offenses, misdemeanors and felonies. Misdemeanors are right in the middle in terms of crime severity. They are more serious than minor offenses, but less serious than felonies. 

Misdemeanors are further categorized into three classes based on the severity of the crime, with a class 1 misdemeanor being the most serious and a class 3 the least serious. A misdemeanor conviction in Arizona could lead to penalties such as:

• 30 days to 6 months in jail
• A fine of $500 to $2,500
• Probation

The penalties for a misdemeanor conviction will depend on the type of crime committed, whether there are any aggravating factors and the defendant’s criminal background. Examples of misdemeanors in Arizona are first-offense driving under the influence (DUI), reckless driving, shoplifting with a value under $1,000, assault, harassment, criminal trespassing and domestic violence.

What Is a Felony in Arizona?

Felonies are serious crimes that often involve the use of weapons, severe injuries or harm inflicted, high-value property losses or substantial threats to public safety. For this reason, felony crimes come with the harshest penalties. This includes consequences that can impact the person for the rest of his or her life.

A sentence for a felony conviction in Arizona could involve:

• One or more years in a state prison
• Life imprisonment
• Thousands of dollars in fines
• The possibility of probation, in some cases
• Permanent loss of certain civil rights, including voting rights and the right to bear arms
• A permanent criminal record
• The death penalty

Like misdemeanors, felonies are broken down into classes. There are six classes of felonies. Class 1 is the most serious type, while class 6 is the least serious. Examples of felony charges in Arizona are aggravated DUI, drug possession and trafficking, burglary, aggravated assault, rape, and murder.

Can Arizona Criminal Charges Change From Misdemeanor to Felony and Vice Versa?

A crime that is typically classified as a misdemeanor in Arizona may be enhanced to a felony if there are aggravating factors, or circumstances that increase the severity of the crime or its consequences.

 These may include:

• Using a dangerous instrument or deadly weapon
• Causing serious injury or death
• Involving a child in the crime
• Having a history of prior convictions

Likewise, a felony could be reduced to a misdemeanor if it is the defendant’s first offense or if the defendant’s Phoenix criminal defense attorney negotiates a plea bargain.

Life After a Misdemeanor vs. a Felony

One of the key differences between a misdemeanor and a felony in Arizona is the long-term effects. A misdemeanor will stay on your record, but most employers and landlords will overlook misdemeanors during background checks. Misdemeanors can also be set aside, where the record is not erased but shows that you completed all the requirements of the sentence and the court vacated the conviction.

A felony conviction, on the other hand, can permanently affect your life. You can lose your civil rights, employment and housing opportunities, public benefits, and driving privileges. You may be able to have a felony conviction expunged if you qualify and petition the courts. Even if you are facing a misdemeanor, you could be at risk of significant impacts to your life. Always consult a criminal defense attorney if you get accused of a misdemeanor or felony.

Arizona takes potentially dangerous driver behaviors seriously. If you are accused of reckless driving or aggressive driving in Scottsdale, you could face more than just a fine or ticket – you could be looking at major criminal consequences. You can benefit from hiring our Scottsdale, Arizona traffic ticket attorney if you are facing either of these charges.

Reckless vs. Aggressive Driving Under Arizona Law

Driving in a way that could be considered reckless or aggressive are both serious traffic offenses. However, they differ in the eyes of Arizona law. Reckless driving refers to operating a vehicle in a careless, dangerous or extremely negligent way, while aggressive driving in Arizona describes a series of traffic violations that create a hazard for others.

A.R.S. § 28-693: Reckless Driving

Reckless driving is defined in Arizona Revised Statute (A.R.S.) § 28-693 as driving a vehicle in reckless disregard for the safety of persons or property. This can refer to many different types of dangerous driving infractions, including traffic law violations, excessive speeding, running a red light and weaving in between multiple lanes. Reckless driving is a class 2 misdemeanor.

A.R.S. § 28-695: Aggressive Driving

Reckless driving describes careless driver behaviors, while aggressive driving is intentional. According to A.R.S. § 28-695, a person commits the violation of “aggressive driving” if at least two of the following occur, and if the person’s driving is an immediate hazard to another person or vehicle:

• Failing to obey a traffic control device
• Passing another vehicle by driving off the pavement
• Making an unsafe lane change
• Following too closely
• Failing to yield the right-of-way

Aggressive driving is a class 1 misdemeanor in Arizona. This makes it a more serious offense than reckless driving. However, a reckless driving charge could be elevated to class 1 if the defendant has a prior history of similar offenses.

Penalties for Reckless or Aggressive Driving in Arizona

 In general, a reckless driving conviction is less serious than one for aggressive driving. However, each case is unique, with penalties varying based on factors such as the defendant’s driving history and criminal background. If there are aggravating factors, such as a car accident, this can result in more significant penalties.

 In general, a first-offense reckless driving citation in Scottsdale can result in fines of up to $750 and/or up to four months in jail, plus possible driver’s license suspension. A first-offense aggressive driving conviction can result in fines of up to $2,500 and/or up to six months in jail, plus mandatory license suspension for at least 30 days.

When to Contact a Criminal Defense Attorney in Scottsdale

Whether you are facing reckless or aggressive driving charges in Scottsdale, Arizona, it can benefit you to consult with a criminal defense lawyer about your rights and defense options. Both of these charges can carry significant legal consequences. Our Scottsdale traffic lawyer can help minimize the penalties against you with personalized defense tactics.

With the right legal support, you may be able to get the charges against you reduced or even dismissed. This can allow you to avoid the most serious potential consequences of reckless or aggressive driving infractions. For more information about your specific situation, contact a criminal defense attorney in Scottsdale at the Corso Law Group for a free consultation.

Historically, Arizona has been unique in that it did not allow people who were convicted of crimes to expunge their criminal records; instead, they could only ask to have them set aside. The setting aside of a record does not erase it or seal it from public view, but it can still have many benefits. Under a new law, however, expungements are available for qualifying individuals as of January 2023.

What Does it Mean to Set a Criminal Record Aside?

Having a criminal record set aside means that a note will be added to the record stating that the individual completed all of the requirements of the sentence, and the court vacated the judgment or dismissed the conviction. This can help alleviate the negative impact and stigma of a criminal conviction on an individual’s future, such as during background checks by employers or landlords. However, the criminal record will still be available for the public to view.

Arizona’s New Expungement and Record-Sealing Law

Expunging a criminal record means to completely erase it and remove it from public view. With a successful expungement, it is as if the criminal conviction or arrest never happened. The general public will not be able to access or view the criminal record. An employer will not be able to see an expunged conviction on an applicant’s background check. While expungement does not remove the conviction or pardon the person for committing a crime, it can erase the criminal record so that it only becomes available to law enforcement.

Record expungement can give an individual a second chance. It clears his or her criminal history to give the person a fresh start. This can make it easier for the person to obtain housing or employment in the future. Until recently, expungement was not available to convicted criminals in Arizona. However, a new law has made it possible for qualifying individuals to apply to have their criminal records permanently expunged – also known as the sealing of an arrest, conviction or sentencing record. 

Arizona Revised Statute 13-911 states that as of January 1, 2023, an individual may file a petition to seal all records associated with a criminal offense if he or she has completed all of the terms and conditions of the sentence, including paying any mandatory restitution owed to victims. Only certain parties are eligible to have their records expunged or sealed. If approved by the courts, the criminal record will effectively be erased and concealed from public view.

Do You Qualify to Have Your Record Set Aside or Expunged?

According to Arizona Revised Statute Section 13-905, any person who is convicted of a criminal offense can apply to the court to have the judgment of guilt set aside after fulfilling the conditions of his or her probation or sentence and being discharged by the court. To determine if someone qualifies to have a criminal record set aside, the courts will examine factors such as:

• The nature and circumstances of the offense
• The individual’s compliance with a sentence
• The amount of time that has elapsed since the completion of the sentence
• Any prior or subsequent convictions
• The status of victim restitution (if any)
• The individual’s age at the time of the conviction

It is a little more difficult to have a criminal record expunged in Arizona. A qualifying individual must wait a certain number of years after the date of conviction to apply for expungement. This ranges from 2 years for a class 3 misdemeanor to 10 years for a class 2 felony. There is also a period of time where all victims of the crime have the chance to object to the expungement petition. However, the extra effort can be worthwhile to have a mistake forgotten forever.

For more information about getting a criminal record in Arizona set aside, expunged or sealed, request a free consultation with a Scottsdale defense lawyer at Corso Law Group.

The state of Arizona is a beautiful land with far and open roads to explore, which is any rider or drivers dream. As a motorcycle rider, you are exposed to more elements than the average driver. While being more “exposed” to dangers, riding a motorcycle comes with its advantages that allow riders to cut traffic, save time, and ride safely. As our traffic law stands now in the United States, it is illegal to participate in lane splitting, period, with the exception of California. Lane splitting is actually legal in most of the world and is seen as just a way of things. Motorcycle riders are susceptible to traffic violations in Phoenix, that in reality could prove to make them relatively safer on the roads.

The chairman of the Arizona Confederation of Motorcycle Clubs, known as, Bob Eberhardt said, “absolutely” thought lane-splitting should be legal — for safety reasons. Lane-splitting would likely “greatly reduce” rear-end collisions of motorcycles.” He proceeded to acknowledge the fact that it might take some time to get used to for other motorists. In the study conducted, they made it a point to experiment and survey the number of motorcycle accidents that occur in “stop and go” traffic. Turns out – any form of mitigating the riders exposure to congested traffic greatly reduced the odds of a motorcycle rider ending in a collision.

There have been many attempts at reopening this bill to legalize the special privilege but has been continuously shut down. The last attempt was in 2010 by a Harley-Davidson riding representative to legalize motorcycle lane splitting but was quickly vetoed by Arizona’s Governor Jan Brewer.

Bill SB 1007 To Be Discussed Again this Month

This January the proposed bill, SB 1007 will be discussed again.  Many studies have been done to debate the actual safety of lane splitting and finally, an experiment was done by the Safe Transportation Research & Education Center University of California Berkeley has proven that lane-splitting is actually a lot safer than people believe. The infographic created by, Corso Law Group home of Phoenix traffic violations attorneys, below goes into details discovered through their studies.

As the weather in Arizona starts to cool down and more residents choose to walk and bike around the Valley, the Scottsdale traffic attorneys at Corso Law Group remind drivers and cyclists to share the road this season.

The Phoenix Street Transportation Department recently installed a series of new signs near bike lanes and busy biking areas warning of wrong way cycling in an effort to reduce crashes.

Approximately 450 bike and automobile accidents occur every year in Phoenix, and 34 percent of this type of collision involves a biker riding against traffic.

Arizona law states that while bicycles are not considered vehicles, a person riding a bike has the same rights and responsibilities as a person driving a car, which means they are legally expected to ride with traffic in the farthest right lane and follow traffic rules including:

• Stopping for traffic lights and stop signs
• Yielding to pedestrians on crosswalks and sidewalks
• Signaling lane changes and turns
• Using a white headlight and red rear reflector at night

There are also laws enforced by the state in place specifically for cyclists such as:

• Every person riding a bike must have a seat
• Every bike must have at least one brake
• No more than two people may bike side by side on the road
• One had must be on the handlebars at all times
• Do not attach a bike to another bike or vehicle on the road

When an accident does occur between a person on a bike and a driver, who is at fault? The answer depends on negligence. If either the biker or the driver fails to exercise a reasonable standard of care at the time of the incident, like stopping at a red light or going the speed limit, he or she may be considered negligent and face charges.

Whether you’re a cyclist or a driver, if you’re ever involved in this type of accident in Arizona, contact the traffic attorneys at the Scottsdale office of Corso Law Group for help.

The holiday season is a time for celebration, but it is also peak season for certain crimes. Corso Law Group has identified the four most common holiday crimes and offers advice on how to protect yourself from falling victim this year.

Drunk Driving

Holiday travel means significantly more people on the roads. This year, AAA predicts 46.9 million Americans will travel over the Thanksgiving holiday alone, which is up from the high of 46.6 million in 2014. This increase, along with holiday drinking and partying over Thanksgiving and New Year’s Eve, leads to a rise in DUIs and DUI accidents.

Prevent a holiday DUI by being aware of popular drinking holidays, like Thanksgiving Eve and New Year’s Eve weekend, and making the proper arrangements to keep yourself and loved ones from getting behind the wheel.

Shoplifting

This time of year, there are countless opportunities for shoplifting with crowded malls and busy store employees. National shoplifting arrests increased by 15 percent in November and December compared to the rest of the year in 2014, and one in 11 Americans has admitted to shoplifting, according to the National Association for Shoplifting Prevention.

To protect your business from shoplifters, keep a vigilant eye on your surroundings, especially during busy shopping periods, consider hiring additional, seasonal staff and be sure to install an alarm system.

Identity Theft

With the holiday season being one of the busiest retail periods all year, there are countless opportunities for identity theft both online and in stores. Personal information, including credit card information, social security numbers, names and addresses, can all be at risk during the holidays.

Keep sensitive information safe by regularly checking credit card and bank statements and only shop online using a secure wifi network on websites that include a lock symbol by the url.

Robbery

Leaving a store or mall with an armful of shopping bags is a regular occurrence during the holidays, but it also reads as an opportunity for robbers.

While shopping, keep track of your purchases and don’t leave bags unattended or in plain sight. For example, instead of keeping items in the backseat of your car, where they are easily visible, store purchases in the trunk. It’s a simple way to avoid making yourself a target.

During one the speediest and most frugal legislative sessions in history, Arizona officials churned out more than 300 new laws.

Governor Doug Ducey and the Arizona Legislature spent a quick 81 days in session on a tight budget of $9.1 billion, producing 324 new laws, many of which will go into effect July 3.

Dozens revolve around the economy, social issues and education, meaning the daily lives of residents across the state will be affected.

Of the 324, Corso Law Group selected six of the most noteworthy new laws Arizonans should know about.

1. Changes at the Border: SB 1271 gives the Joint Border Security Advisory Committee the go ahead to use $264,400 in collected private donations to build a fence, physical or virtual, as close as possible to the Arizona-Mexico border.

2. Abortion Reversal: One facet of SB 1318 requires doctors to inform women interested in an abortion using a combination of medications that the procedure may potentially be reversed. Arizona is the first state to initiate this law, which was based on information from the anti-abortion group Americans United for Life.

3. Get a REAL ID: HB 2609 gives Arizona residents the option to purchase a new ID that meets federal requirements. This is important news for air travelers who would otherwise have had to carry another form of ID, like a passport, to fly domestically.

4. Required Civics Tests: HB 2064 makes the class of 2017 the first wave of high school students who must pass a U.S. Immigration and Naturalization civics test to graduate. To graduate, students will have to answer at least 60 questions correctly out of 100.

5. Ride-sharing Regulations: HB 2135 initiates new rules for ride-sharing companies, like Uber and Lyft, that were previously operating unregulated in Arizona alongside taxis and cabs. The new bill requires companies to inspect vehicles, conduct criminal background checks on drivers and make sure they carry insurance.

6. Driving school do-over: HB 2308 lets drivers who have been cited for traffic violations clear their records more frequently by offering the opportunity to complete driving school as often as every 12 months instead of every 24 months.

Other impactful laws cover topics like the study of police body cameras, brewery expansion, junk food in schools and more.

Use-of-force complaints decrease significantly for police departments equipped with body cameras, but the cost could hold some, like the Phoenix Police Department, from taking advantage of this technology.

A year-long study evaluating the effect of body-worn video cameras in police patrol practices by the Police Foundation Executive Fellow, Chief Tony Farrar, found a 50 percent decrease in the number of use-of-force complaints against officers wearing the cameras.

It would cost at least $3.5 million to equip all first-responding Phoenix officers with body cameras, Phoenix Police Chief Joe Yahner said. That price estimate includes the costs to gather and store footage, but wouldn’t cover the cost of personnel.

Many small and medium-sized cities like Austin and Minneapolis are utilizing these cameras to increase police accountability and transparency in light of growing tension between communities and local police departments around the country.

Phoenix, the country’s sixth most populated city, is moving toward using body cameras after an Arizona State University study found that complaints against officers decreased when actions of both officers and citizens were recorded.

A study of Mesa police officers who wore body cameras saw a 40 percent decrease in total complaints and a 75 percent decrease in the number of use-of-force complaints over the course of a year.

In order for Phoenix to implement this technology, police would have to create a policy that dictates how to manage and edit mass quantities of data, then share it with prosecutors.

In the near future, supporters advocating for Phoenix police to wear body cameras say that both citizens and officers would benefit. Officers would be protected from false allegations and citizens could rest assured knowing that all interactions with police would be recorded.

A small church in Gilbert, Arizona has taken its sign case to the U.S. Supreme Court, hoping to change the city’s code, which depending on the outcome, could directly impact future rulings regarding First Amendment rights.

Signs advertising real estate agents and political campaigns populate streets and sidewalks for weeks at a time, while others are restricted to more specific dates and sizes, leading the church to believe that its free speech rights have been violated.

The First Amendment issue facing this case is content neutrality. Content-neutral regulations aim not to limit speech but to provide regulations based on the circumstances of how types of speech can take place.

Good News Presbyterian Church rents space to hold its services for approximately 30 adults and 10 children. Good News pastor Clyde Reed argues that the sign code in place in Gilbert is discriminatory because it specifies the size of the signs he can put up to advertise the church’s religious services as well as the number of signs and how long they are permitted to stay posted.

Directional signs posted in public places, like local neighborhoods and retirement communities, must not exceed 6 square feet, can be posted no earlier than 12 hours before the event and must be taken down within an hour after the event’s end. By contrast, political signs may be as large as 20 square feet and can remain posted for the duration of a political campaign, The Washington Post said.

The city said that Reed’s rights have not been violated by the sign code because all non-commercial signs must follow the same rules, regardless of content. However, Alliance Defending Freedom, the Scottsdale-based conservative Christian activist group representing Reed, argues that Gilbert’s code may not be content neutral just because the city said it does not discriminate based on content, azcentral reports.

The Supreme Court appears to be leaning in favor of the church; but their ruling could simply affect the Gilbert ordinance and little else, or the justices could take a broader ruling that could affect future free speech cases.

Reed first sued Gilbert in 2007, after the he was cited for posting signs too early. Since then, other courts have ruled in favor of the city.

Several religious activist groups and the Obama administration support Reed and are urging the Supreme Court to change the city’s sign ordinance, The Washington Post said.

An opinion is expected to be given by the Supreme Court by June.

The guidance of an experienced attorney can make all the difference when it comes to defending your rights, which is why you shouldn’t take on a case alone.

If you’re looking for a trustworthy attorney, contact Corso Law Group today. Your case will be handled by a licensed Arizona or Texas attorney.

Parents and politicians are up in arms over a powdered alcohol that they worry will find its way into the hands of underage children.

Approval was erroneously given to powdered alcohol by The Alcohol and Tobacco Tax and Trade Bureau on April 18, and was voluntarily withdrawn 13 days later due to public outcry. However, Palcohol remains to be a concern for many states, several of which are banning it altogether.

Palcohol is a lightweight powdered alcohol, originally developed by Arizona resident Mark Phillips, which is added to liquids or foods to make alcoholic substances anywhere, any time.

The Palcohol website has been cleared of its original content since the approval error in April, but it previously suggested that it should be sold just like any other alcoholic drink, meaning that it would be sold where liquid alcohol is sold, and buyers would have to be of legal drinking age to purchase it.

Despite these restrictions, opponents are worried that the powder will fall into the hands of minors who will abuse the alcohol by loading up drinks or snorting it.

“What’s to stop somebody from mixing two or three packets with that amount of liquid and really beefing up the alcoholic content,” Ohio State Representative Jim Buchy, (R) 84th District said regarding a proposed ban of Palcohol in Ohio according to ABC 22.

According to Gawker, the Palcohol website originally addressed the topic of snorting the product by admitting that it can be done.

“Yes, you can snort it,” the Palcohol website stated, “And you’ll get drunk almost instantly because the alcohol will be absorbed so quickly in your nose. Good idea? No. It will mess you up. Use Palcohol responsibly.”

Teens around the country are already experimenting with new ways to get drunk using vapors and powdered alcohol, which isn’t sold in the U.S. but can be found for purchase online from other countries, and suffering the consequences, CBS Denver reports.

“We’ve had a few patients that have been very intoxicated. One that I know of had to have a breathing tube put in and we had to breathe for them for a period of time because they were not breathing adequately on their own,” said Dr. Christopher Colwell, Chief of Emergency Medicine at Denver Health in an interview with CBS Denver.

Growing concern for abuse of powdered alcohol and its effects have been grounds enough to ban Palcohol altogether from Alaska and South Carolina. New York, Vermont, Minnesota and Ohio are currently proposing legislation to ban it as well, ABC 22 said.

So what could the increasing popularity of powdered alcohol mean for Arizona residents?

For starters, regulation of the powder would be tough considering the substance is easy to conceal, leading to DUI arrests and even deaths from Palcohol abuse.

Arizona tied with Wyoming for the fourth-highest rate of alcohol-related deaths among its working-age population from 2006 to 2010, according to a recent Centers for Disease Control and Prevention study, AZCentral reports.

And in 2012, the Foundation for Advancing Alcohol Responsibility reported 227 total alcohol-impaired driving fatalities in Arizona, with 29 fatalities reported as minors.

While it seems powdered alcohol could negatively affect Arizona and other states that are already troubled by alcohol abuse, the impact of powdered alcohol on Arizona citizens and law enforcement remains unclear, but it is important to understand your DUI rights and laws despite these uncertainties.

The Arizona DUI defense attorneys at Corso Law Group do everything in their power to protect defendants and advocate for their rights. They have the experience and expertise to deal with DUI charges in Arizona and will fight to get the charges dismissed.