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Felony Charges

Aggravated Domestic Violence

13-3601.02. Aggravated domestic violence; classification; definition

  1. A person is guilty of aggravated domestic violence if the person within a period of eighty-four months commits a third or subsequent violation of a domestic violence offense or is convicted of a violation of a domestic violence offense and has previously been convicted of any combination of convictions of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a violation of a domestic violence offense.
  2. A person who is convicted under this section and who within a period of eighty-four months has been convicted of two prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in jail.
  3. A person who is convicted under this section and who within a period of eighty-four months has been convicted of three or more prior violations of a domestic violence offense or acts in another state, a court of the United States or a tribal court that if committed in this state would be a domestic violence offense is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in jail.
  4. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision in subsection A of this section regardless of the sequence in which the offenses were committed. For purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts.
  5. For the purposes of this section, prior convictions for misdemeanor domestic violence offenses apply only to convictions for offenses that were committed on or after January 1, 1999.
  6. Aggravated domestic violence is a class 5 felony.
  7. For the purposes of this section, “domestic violence offense” means an offense involving domestic violence as defined in section 13-3601.

Aggravated DUI

28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition

  1. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:
    1. Commits a violation of section 28-1381, section 28-1382 or this section while the person’s driver license or privilege to drive is suspended, canceled, revoked or refused or while a restriction is placed on the person’s driver license or privilege to drive as a result of violating section 28-1381 or 28-1382 or under section 28-1385.
    2. Within a period of eighty-four months commits a third or subsequent violation of section 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has previously been convicted of any combination of convictions of section 28-1381, section 28-1382 or this section or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
    3. While a person under fifteen years of age is in the vehicle, commits a violation of either:
      1. Section 28-1381.
      2. Section 28-1382.
    4. While the person is ordered by the court or required pursuant to section 28-3319 by the department to equip any motor vehicle the person operates with a certified ignition interlock device, does either of the following:
    1. While under arrest refuses to submit to any test chosen by a law enforcement officer pursuant to section 28-1321, subsection A.
    2. Commits a violation of section 28-1381, section 28-1382 or this section.
  2. The dates of the commission of the offenses are the determining factor in applying the eighty-four month provision provided in subsection A, paragraph 2 of this section regardless of the sequence in which the offenses were committed. For the purposes of this section, a third or subsequent violation for which a conviction occurs does not include a conviction for an offense arising out of the same series of acts. The time that a probationer is found to be on absconder status or the time that a person is incarcerated in any state, federal, county or city jail or correctional facility is excluded when determining the eighty-four month period provided in subsection A, paragraph 2 and subsection E of this section.
  3. The notice to a person of the suspension, cancellation, revocation or refusal of a driver license or privilege to drive is effective as provided in section 28-3318 or pursuant to the laws of the state issuing the license.
  4. A person is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than four months in prison if the person is convicted under either of the following:
    1. Subsection A, paragraph 1 of this section.
    2. Subsection A, paragraph 2 of this section and within an eighty-four month period has been convicted of two prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section.
  5. A person who is convicted under subsection A, paragraph 2 of this section and who within an eighty-four month period has been convicted of three or more prior violations of section 28-1381, section 28-1382 or this section, or any combination of those sections, or acts in another jurisdiction that if committed in this state would be a violation of section 28-1381, section 28-1382 or this section is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served not less than eight months in prison.
  6. A person who is convicted under subsection A, paragraph 3, subdivision (a) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1381.
  7. A person who is convicted under subsection A, paragraph 3, subdivision (b) of this section shall serve at least the minimum term of incarceration required pursuant to section 28-1382.
  8. A person who is convicted of a violation of this section shall attend and complete alcohol or other drug screening, education or treatment from an approved facility. If the person fails to comply with this subsection and is placed on probation, in addition to the provisions of section 13-901 the court may order that the person be incarcerated as a term of probation as follows:
    1. For a person sentenced pursuant to subsection D of this section, for an individual period of not more than four months and a total period of not more than one year.
    2. For a person sentenced pursuant to subsection E of this section, for an individual period of not more than eight months and a total period of not more than two years.
  9. The time that a person spends in custody pursuant to subsection H of this section shall not be counted towards the sentence imposed if the person’s probation is revoked and the person is sentenced to prison after revocation of probation.
  10. On a conviction for a violation of this section, the court:
    1. Shall report the conviction to the department. On receipt of the report, the department shall revoke the driving privilege of the person. The department shall not issue the person a new driver license within three years of the date of the conviction and, for a conviction of a violation of subsection A, paragraph 1, 2 or 4 or paragraph 3, subdivision (b) of this section, shall require the person to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person’s driving privilege following a suspension or revocation or on the date of the department’s receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.
    2. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304. Any fine imposed for a violation of this section and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in this paragraph.
    3. Shall order the person to pay a fine of not less than seven hundred fifty dollars.
    4. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
    5. In addition to any other penalty prescribed by law, shall order the person to pay an additional assessment of one thousand five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
  11. After completing the period of suspension required by section 28-1385, a person whose driving privilege is revoked for a violation of subsection A, paragraph 3 of this section may apply to the department for a special ignition interlock restricted driver license pursuant to section 28-1401.
  12. Aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs committed under:
    1. Subsection A, paragraph 1 or 2 or paragraph 4, subdivision (b) of this section is a class 4 felony.
    2. Subsection A, paragraph 3 or paragraph 4, subdivision (a) of this section is a class 6 felony.
  13. For the purposes of this section, “suspension, cancellation, revocation or refusal” means any suspension, cancellation, revocation or refusal.

Aggravated Harassment

13-2921.01. Aggravated harassment; classification; definition

  1. A person commits aggravated harassment if the person commits harassment as provided in section 13-2921 and any of the following applies:
    1. A court has issued an order of protection or an injunction against harassment against the person and in favor of the victim of harassment and the order or injunction has been served and is still valid.
    2. The person has previously been convicted of an offense included in section 13-3601.
  2. The victim of any previous offense shall be the same as in the present offense.
  3. A person who violates subsection A, paragraph 1 of this section is guilty of a class 6 felony. A person who commits a second or subsequent violation of subsection A, paragraph 1 of this section is guilty of a class 5 felony. A person who violates subsection A, paragraph 2 of this section is guilty of a class 5 felony.
  4. For the purposes of this section, “convicted” means a person who was convicted of an offense included in section 13-3601 or who was adjudicated delinquent for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult for an offense included in section 13-3601.

Aggravated Luring a Minor

13-3560. Aggravated luring a minor for sexual exploitation; classification; definitions

  1. A person commits aggravated luring a minor for sexual exploitation if the person does both of the following:
    1. Knowing the character and content of the depiction, uses an electronic communication device to transmit at least one visual depiction of material that is harmful to minors for the purpose of initiating or engaging in communication with a recipient who the person knows or has reason to know is a minor.
    2. By means of the communication, offers or solicits sexual conduct with the minor. The offer or solicitation may occur before, contemporaneously with, after or as an integrated part of the transmission of the visual depiction.
  2. It is not a defense to a prosecution for a violation of this section that the other person is not a minor or that the other person is a peace officer posing as a minor.
  3. Aggravated luring a minor for sexual exploitation is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection D.
  4. The defense prescribed in section 13-1407, subsection F applies to a prosecution pursuant to this section.
  5. For the purposes of this section:
    1. “Electronic communication device” means any electronic device that is capable of transmitting visual depictions and includes any of the following:
      1. A computer, computer system or network as defined in section 13-2301.
      2. A cellular or wireless telephone as defined in section 13-4801.
    2. “Harmful to minors” has the same meaning prescribed in section 13-3501.

Aggravated Robbery

13-1903. Aggravated robbery; classification

  1. A person commits aggravated robbery if in the course of committing robbery as defined in section 13-1902, such person is aided by one or more accomplices actually present.
  2. Aggravated robbery is a class 3 felony.

Aggravated Taking the Identity of Another

13-2009. Aggravated taking identity of another person or entity; classification

  1. A person commits aggravated taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of either:
    1. Three or more other persons or entities, including real or fictitious persons or entities, without the consent of the other persons or entities, with the intent to obtain or use the other persons’ or entities’ identities for any unlawful purpose or to cause loss to the persons or entities whether or not the persons or entities actually suffer any economic loss.
    2. Another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose and causes another person or entity to suffer an economic loss of three thousand dollars or more.
    3. Another person, including a real or fictitious person, with the intent to obtain employment.
  2. In an action for aggravated taking the identity of another person or entity under subsection A, paragraph 1 of this section, proof of possession out of the regular course of business of the personal identifying information or entity identifying information of three or more other persons or entities may give rise to an inference that the personal identifying information or entity identifying information of the three or more other persons or entities was possessed for an unlawful purpose.
  3. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age.
  4. Aggravated taking the identity of another person or entity is a class 3 felony.

Aggravated Assault

Aggravated assault requires proof of the following two things:

  1. A person committed an assault, which requires proof that:
    • a person intentionally knowingly or recklessly caused a physical injury to another person; or
    • a person intentionally put another person in reasonable apprehen­sion of immediate physical injury; or
    • a person knowingly touched another person with the intent to injure, insult, or provoke that person; and
  2. The assault was aggravated by at least one of the following factors:
    • a person caused serious physical injury to another person; or
    • a person used a deadly weapon or dangerous instrument; or
    • a person committed the assault after entering another’s home with the intent to commit the assault; or
    • a person was eighteen years of age or older and the person assaulted had not reached his / her six­teenth birthday; or
    • a person knew or had reason to know that the person assaulted was a peace officer or someone directed by a peace officer performing official duties; or
    • the person assaulted was physically restrained; or
    • the assaulted person’s ability to resist was substantially impaired; or
    • a person was a prisoner in a custodial insti­tution and assaulted a person known to be an employee of the custodial institution

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with aggravated assault. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with aggravated assault.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of aggravated assault that person often times is facing a prison sentence. However, in some cases a person may be granted probation.

If a person is charged with or even thinks that they may be charged with aggravated assault it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for aggravated assault in Arizona is Arizona Revised Statute 13-1204

13-1204. Aggravated assault; classification; definition

  1. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:
    1. If the person causes serious physical injury to another.
    2. If the person uses a deadly weapon or dangerous instrument.
    3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
    4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim’s capacity to resist is substantially impaired.
    5. If the person commits the assault after entering the private home of another with the intent to commit the assault.
    6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.
    7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
    8. If the person commits the assault knowing or having reason to know that the victim is any of the following:
      1. A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.
      2. A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
      3. A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher’s or nurse’s professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
      4. A licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person’s professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with Alzheimer’s disease or related dementia.
      5. A prosecutor.
    9. If the person knowingly takes or attempts to exercise control over any of the following:
      1. A peace officer’s or other officer’s firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
      2. Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.
      3. Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this paragraph, “implement” means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.
    10. If the person meets both of the following conditions:
      1. Is imprisoned or otherwise subject to the custody of any of the following:
        1. The state department of corrections.
        2. The department of juvenile corrections.
        3. A law enforcement agency.
        4. A county or city jail or an adult or juvenile detention facility of a city or county.
        5. Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.
        6. Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
      2. Except pursuant to subsections C and D of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-604.01. Aggravated assault pursuant to subsection A, paragraph 3 of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.
      3. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.
      4. Aggravated assault pursuant to:
        1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
        2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
        3. Subsection A, paragraph 8, subdivision (e) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.
      5. For the purposes of this section, “prosecutor” means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

Armed Robbery

Armed robbery requires proof of the following two things:

  1. A person committed a robbery; and
  2. A person or an accomplice was armed with a deadly weapon simulated deadly weapon firearm or used or threatened to use a deadly weapon simulated deadly weapon dangerous instrument.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with armed robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with armed robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of armed robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with armed robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for armed robbery in Arizona is Arizona Revised Statute 13-1904

13-1904. Armed robbery; classification A. A person commits armed robbery if, in the course of committing robbery as defined in section 13-1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. B. Armed robbery is a class 2 felony.

Arson of Property or Structure

Arson requires proof of the following two things:

  1. A person knowingly caused a fire or explosion; and
  2. As a result of this fire or explosion, the person knowingly and unlawfully damaged a structure or property.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with arson. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with arson.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of arson that person is often facing a prison sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with arson it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for arson in Arizona is Arizona Revised Statute 13-1703 13-1703. Arson of a structure or property; classification A. A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion. B. Arson of a structure is a class 4 felony. Arson of property is a class 4 felony if the property had a value of more than one thousand dollars. Arson of property is a class 5 felony if the property had a value of more than one hundred dollars but not more than one thousand dollars. Arson of property is a class 1 misdemeanor if the property had a value of one hundred dollars or less.

Assisting a Criminal Street Gang

13-2321. Participating in or assisting a criminal street gang; classification

  1. A person commits participating in a criminal street gang by any of the following:
    1. Intentionally organizing, managing, directing, supervising or financing a criminal street gang with the intent to promote or further the criminal objectives of the criminal street gang.
    2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal street gang.
    3. Furnishing advice or direction in the conduct, financing or management of a criminal street gang’s affairs with the intent to promote or further the criminal objectives of a criminal street gang.
    4. Intentionally promoting or furthering the criminal objectives of a criminal street gang by inducing or committing any act or omission by a public servant in violation of the public servant’s official duty.
  2. A person commits assisting a criminal street gang by committing any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.
  3. Participating in a criminal street gang is a class 2 felony.
  4. Assisting a criminal street gang is a class 3 felony.
  5. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the existence of a criminal street gang or membership in a criminal street gang.

Burglary in the First Degree

Burglary in the first degree requires proof of the following two things:

  1. A person entered or remained unlawfully in or on a residential structure; and
  2. the person did so with the intent to commit any theft or felony therein, and
  3. the person entered with or possessed therein a firearm or explosive.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with burglary. The attorneys at Shell & Nermyr have convinced many prosecutors to dismiss countless cases in which our clients were charged with burglary. Even more impressive, the lawyers at Shell & Nermyr have convinced courts across the State of Arizona to dismiss hundreds of burglary cases.

Burglary is one of the easiest cases to get dismissed. Just because the State of Arizona charges a person with does not mean that the person will be convicted of burglary.

If a person is convicted of that person is often facing a prison sentence. That jail sentence ranges from 1-8 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with burglary it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for burglary in the first degree in Arizona is Arizona Revised Statute 13-1508

13-1508. Burglary in the first degree

  1. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
  2. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure.

Burglary in the Second Degree

Burglary in the second degree requires proof of the following two things:

  1. A person entered or remained unlawfully in or on a residential structure; and
  2. A person did so with the intent to commit any theft or felony therein.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with burglary. The attorneys at Shell & Nermyr have convinced many prosecutors to dismiss countless cases in which our clients were charged with burglary. Even more impressive, the lawyers at Shell & Nermyr have convinced courts across the State of Arizona to dismiss hundreds of burglary cases.

Burglary is one of the easiest cases to get dismissed. Just because the State of Arizona charges a person with does not mean that the person will be convicted of burglary.

If a person is convicted of that person is often facing a prison sentence. That jail sentence ranges from 1-8 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with burglary it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for burglary in Arizona is Arizona Revised Statute 13-1507

13-1507. Burglary in the second degree

  1. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
  2. Burglary in the second degree is a class 3 felony.

Child or Vulnerable Adult Abuse

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

  1. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
    1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.
    2. If done recklessly, the offense is a class 3 felony.
    3. If done with criminal negligence, the offense is a class 4 felony.
  2. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
    1. If done intentionally or knowingly, the offense is a class 4 felony.
    2. If done recklessly, the offense is a class 5 felony.
    3. If done with criminal negligence, the offense is a class 6 felony.
  3. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
  4. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
  5. This section does not apply to:
    1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient’s condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
    2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
  6. For the purposes of this section:
    1. “Abuse”, when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
        (

      1. Intentional infliction of physical harm.
      2. Injury caused by criminally negligent acts or omissions.
      3. Unlawful imprisonment, as described in section 13-1303.
      4. Sexual abuse or sexual assault.
    2. “Child” means an individual who is under eighteen years of age.
    3. “Emotional abuse” means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
    4. “Physical injury” means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
    5. “Serious physical injury” means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
    6. “Vulnerable adult” means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Child Prostitution

13-3212. Child prostitution; classification; increased punishment

  1. A person commits child prostitution by knowingly:
    1. Causing any minor to engage in prostitution.
    2. Using any minor for the purposes of prostitution.
    3. Permitting a minor who is under the person’s custody or control to engage in prostitution.
    4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.
    5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.
    6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.
    7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.
    8. Engaging in prostitution with a minor.
  2. Notwithstanding any other law, a sentence imposed on a person for a violation of this section involving a minor who is fifteen, sixteen or seventeen years of age shall be consecutive to any other sentence imposed on the person at any time.
  3. If a person is convicted of a violation of subsection A, paragraph 8 of this section, the victim is fifteen, sixteen or seventeen years of age and the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than thirty days. This jail term of incarceration shall not be deleted, deferred or otherwise suspended and shall commence on the date of sentencing. This subsection does not apply to persons who are sentenced to serve a period of incarceration in the state department of corrections.
  4. Child prostitution is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
  5. If the minor is fifteen, sixteen or seventeen years of age, child prostitution pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6 or 7 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:

1. The term for a first offense is as follows:

Minimum
7 years

Presumptive
10.5 years

Maximum
21 years

Minimum 14 years

Presumptive
15.75 years

Maximum
28 years

Minimum 21 years

Presumptive 28 years Maximum Child Abuse 35 years

Child abuse requires proof of the following two things:

  1. A person acted under circumstances likely to cause death or serious physical injury or under circumstances other than those likely to cause death or serious physical injury and
  2. the person caused physical injury to a child,
  3. or, having custody or care of a child, the person allowed the health of the child to be endangered

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with child abuse. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss cases in which our clients were charged with child abuse.

If a person is convicted of child abuse that person is often facing a prison sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

In the 21st century it is difficult to know if you can use corporal punishment with your child. Many police officers, prosecutors and judges believe that if you spank your child you are guilty of child abuse. However the law in Arizona does allow an adult to physically discipline a child. The lawyers at Shell & Nermyr can help you explain and demonstrate how an injury to a child happened.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is charged with or even thinks that they may be charged with child abuse it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for child abuse in Arizona is Arizona Revised Statute 13-3623

13-3623. Child or vulnerable adult abuse

  1. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
    1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-604.01.
    2. If done recklessly, the offense is a class 3 felony.
    3. If done with criminal negligence, the offense is a class 4 felony.
  2. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
    1. If done intentionally or knowingly, the offense is a class 4 felony.
    2. If done recklessly, the offense is a class 5 felony.
    3. If done with criminal negligence, the offense is a class 6 felony.
  3. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraphs 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
  4. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
  5. This section does not apply to:
    1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient’s condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
    2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
  6. For the purposes of this section:
    1. “Abuse”, when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
      1. Intentional infliction of physical harm.
      2. Injury caused by criminally negligent acts or omissions.
      3. Unlawful imprisonment, as described in section 13-1303.
      4. Sexual abuse or sexual assault.
    2. “Child” means an individual who is under eighteen years of age.
    3. “Emotional abuse” means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
    4. “Physical injury” means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
    5. “Serious physical injury” means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
    6. “Vulnerable adult” means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Conducting an Illegal Enterprise

13-2312. Illegal control of an enterprise; illegally conducting an enterprise; classification

  1. A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.
  2. A person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise’s affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering.
  3. A person violates this section if he hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section.
  4. A knowing violation of subsection A or B of this section is a class 3 felony. A knowing violation of subsection C of this section is a class 2 felony and section 13-709.02, subsection B applies to the sentence imposed.

Criminal Trespass in the First Degree

The crime of criminal trespass in the first degree requires proof of any of the following:

    1. The defendant knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or
    2. The defendant entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or
    3. The defendant knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or
    4. The defendant knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.

Criminal Trespass

    1. Criminal trespass requires proof of any of the following:

      1. A person knowingly entered or remained unlawfully in a residential structure or fenced residential yard; or
      2. A person entered a residential yard and without authority looked into the residential structure in reckless disregard of infringing on the inhabitant’s right of privacy; or
      3. A person knowingly entered real property sub­ject to a valid mineral claim, with the intent to explore for minerals; or
      4. A person knowingly entered or remained unlawfully on the property of another and burned, defaced, mutilated, or otherwise desecrated a reli­gious symbol or other religious property of another without the express permission of the owner of the property.
      1. The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with criminal trespass. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss many cases in which our clients were charged with criminal trespass.
      1. If a person is convicted of criminal trespass that person is often facing a jail sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.
      1. It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.
      1. If a person is charged with or even thinks that they may be charged with criminal trespass it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.
      1. The law for criminal trespass in Arizona is Arizona Revised Statute 13-1504
      1. 13-1504. Criminal trespass

 

      1. A person commits criminal trespass in the first degree by knowingly:
        1. Entering or remaining unlawfully in or on a residential structure.
        2. Entering or remaining unlawfully in a fenced residential yard.
        3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant’s right of privacy.
        4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.
        5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.
        6. Entering or remaining unlawfully in or on a critical public service facility.
    1. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

Cruelty to Animals

13-2910. Cruelty to animals; interference with working or service animal; classification; definitions

  1. A person commits cruelty to animals if the person does any of the following:
    1. Intentionally, knowingly or recklessly subjects any animal under the person’s custody or control to cruel neglect or abandonment.
    2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control.
    3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
    4. Recklessly subjects any animal to cruel mistreatment.
    5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
    6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
    7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
    8. Intentionally or knowingly subjects any animal under the person’s custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.
    9. Intentionally or knowingly subjects any animal to cruel mistreatment.
    10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
    11. Intentionally or knowingly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
    12. Recklessly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
    13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
  2. It is a defense to subsection A of this section if:
    1. Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person’s livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person’s livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word “danger” or “warning”.
    2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.
  3. This section does not prohibit or restrict:
    1. The taking of wildlife or other activities permitted by or pursuant to title 17.
    2. Activities permitted by or pursuant to title 3.
    3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.
  4. A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.
  5. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:
    1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
    2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler’s services are lost to the owner or agency.
    3. To the owner for the owner’s contractual losses with the agency.
  6. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section.
  7. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.
  8. For the purposes of this section:
    1. “Animal” means a mammal, bird, reptile or amphibian.
    2. “Cruel mistreatment” means to torture or otherwise inflict unnecessary serious physical injury upon an animal or to kill an animal in a manner that causes protracted suffering to the animal.
    3. “Cruel neglect” means to fail to provide an animal with necessary food, water or shelter.
    4. “Handler” means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person’s agency or the service animal owner and who used a specially trained animal under the direction of the person’s agency or the service animal owner.
    5. “Service animal” means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.
    6. “Working animal” means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

Dangerous Drug Offenses

13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

  1. A person shall not knowingly:
    1. Possess or use a dangerous drug.
    2. Possess a dangerous drug for sale.
    3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug.
    4. Manufacture a dangerous drug.
    5. Administer a dangerous drug to another person.
    6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge.
    7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug.
  2. A person who violates:
    1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor.
    2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony.
    3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.
    4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony.
    5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony.
    6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony.
    7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony.
  3. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, section 13-706, subsection A, section 13-708, subsection D or any other law making the convicted person ineligible for probation is eligible for probation.
  4. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  5. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced pursuant to section 13-709.03, subsections A or B.
  6. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  7. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person’s consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  8. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
  9. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.
  10. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

Discharging a Firearm

13-1211. Discharging a firearm at a structure; classification; definitions

  1. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.
  2. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.
  3. For the purposes of this section:
    1. “Nonresidential structure” means a structure other than a residential structure.
    2. “Residential structure” means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.
    3. “Structure” means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation.

Dog Fighting

13-2910.01. Dog fighting; classification

  1. A person commits dog fighting by knowingly:
    1. Owning, possessing, keeping or training any dog with the intent that such dog engage in an exhibition of fighting with another dog.
    2. For amusement or gain, causing any dog to fight with another dog, or causing any dogs to injure each other.
    3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under his charge or control.
  2. Dog fighting is a class 5 felony.

Drive by Shooting

13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions

  1. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
  2. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.
  3. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
  4. Drive by shooting is a class 2 felony.
  5. As used in this section:
    1. “Motor vehicle” has the same meaning prescribed in section 28-101.
    2. “Occupied structure” has the same meaning prescribed in section 13-3101.

Drop House

13-2322. Unlawful transactions involving drop house properties; classification; definition

  1. A person or company that owns, sells, leases or brokers a transaction involving property or real property that the person or company knows will be used as a drop house is guilty of a class 4 felony.
  2. It is a defense to a prosecution pursuant to this section if both of the following apply:
    1. The person or company acquires actual knowledge that the property or real property is being used as a drop house after the person or company acquires ownership of, sells, leases or brokers a transaction involving the property or real property.
    2. The person or company reports this information to a law enforcement agency.
  3. For the purposes of this section, “drop house” means property or real property that is used to facilitate smuggling pursuant to section 13-2319.

Drug Paraphernalia

13-3415. Possession, manufacture, delivery and advertisement of drug paraphernalia; definitions; violation; classification; civil forfeiture; factors

    1. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
    2. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
    3. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.
    4. All drug paraphernalia is subject to forfeiture pursuant to chapter 39 of this title. The failure to charge or acquittal of an owner or anyone in control of drug paraphernalia in violation of this chapter does not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
    5. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
      1. Statements by an owner or by anyone in control of the object concerning its use.
      2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug.
      3. The proximity of the object, in time and space, to a direct violation of this chapter.
      4. The proximity of the object to drugs.
      5. The existence of any residue of drugs on the object.
      6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter.
      7. Instructions, oral or written, provided with the object concerning its use.
      8. Descriptive materials accompanying the object which explain or depict its use.
      9. National and local advertising concerning its use.
      10. The manner in which the object is displayed for sale.
      11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
      12. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
      13. The existence and scope of legitimate uses for the object in the community.
      14. Expert testimony concerning its use.
    6. In this section, unless the context otherwise requires:
      1. “Drug” means any narcotic drug, dangerous drug, marijuana or peyote.
      2. “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter. It includes:
      1. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a drug or from which a drug can be derived.
      2. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing drugs.
      3. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a drug.
      4. Testing equipment used, intended for use or designed for use in identifying or analyzing the strength, effectiveness or purity of drugs.
      5. Scales and balances used, intended for use or designed for use in weighing or measuring drugs.
      6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting drugs.
      7. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
      8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding drugs.
      9. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of drugs.
      10. Containers and other objects used, intended for use or designed for use in storing or concealing drugs.
      11. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting drugs into the human body.
      12. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, a narcotic drug, a dangerous drug, hashish or hashish oil into the human body, such as:

 

    1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
    2. Water pipes.
    3. Carburetion tubes and devices.
    4. Smoking and carburetion masks.
    5. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
    6. Miniature cocaine spoons and cocaine vials.
    7. Chamber pipes.
    8. Carburetor pipes.
    9. Electric pipes.
    10. Air-driven pipes.
    11. Chillums.
    12. Bongs.
    13. Ice pipes or chillers.

DUI, Blood & Breath

28-1388. Blood and breath tests; violation; classification; admissible evidence

  1. If blood is drawn under section 28-1321, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood. The qualifications of the individual withdrawing the blood and the method used to withdraw the blood are not foundational prerequisites for the admissibility of a blood alcohol content determination made pursuant to this subsection.
  2. If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test pursuant to subsection C of this section, a sample of the person’s breath does not have to be collected or preserved.
  3. The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person’s own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
  4. If a person under arrest refuses to submit to a test or tests under section 28-1321, whether or not a sample was collected pursuant to subsection E of this section or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding. The issue of refusal is an issue of fact to be determined by the trier of fact in all cases.
  5. Notwithstanding any other law, if a law enforcement officer has probable cause to believe that a person has violated section 28-1381 and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes. A person who fails to comply with this subsection is guilty of a class 1 misdemeanor.
  6. A person who collects blood, urine or any other bodily substance under this section or any hospital, laboratory or clinic employing or using the services of the person does not incur any civil liability as a result of this activity if requested by a law enforcement officer to collect blood, urine or other bodily substances unless the person, while performing the activity, acts with gross negligence.
  7. A statement by the defendant that the defendant was driving a vehicle that was involved in an accident resulting in injury to or death of any person is admissible in any criminal proceeding without further proof of corpus delicti if it is otherwise admissible.

DUI, Drivers License

28-1385. Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing; summary review; ignition interlock device requirement .

  1. A law enforcement officer shall forward to the department a certified report as prescribed in subsection B of this section, subject to the penalty for perjury prescribed by section 28-1561, if both of the following occur:
    1. The officer arrests a person for a violation of section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
    2. The person submits to a blood or breath alcohol test permitted by section 28-1321 or any other law or a sample of blood is obtained pursuant to section 28-1388 and the results are either not available or the results indicate either of the following:
      1. 0.08 or more alcohol concentration in the person’s blood or breath.
      2. 0.04 or more alcohol concentration in the person’s blood or breath if the person was driving or in actual physical control of a commercial motor vehicle.
    3. The officer shall make the certified report required by subsection A of this section on forms supplied or approved by the department. The report shall state information that is relevant to the enforcement action, including:
      1. Information that adequately identifies the arrested person.
      2. A statement of the officer’s grounds for belief that the person was driving or in actual physical control of a motor vehicle in violation of section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383 or committed a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
      3. A statement that the person was arrested for a violation of section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
      4. A report of the results of the blood or breath alcohol test that was administered, if the results are available.
    4. The officer shall also serve an order of suspension on the person on behalf of the department. The order of suspension:
      1. Is effective fifteen days after the date it is served.
      2. Shall require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.
      3. Shall contain information concerning the right to a summary review and hearing, including information concerning the hearing as required by section 28-1321, subsections G and H.
      4. Shall be accompanied by printed forms ready to mail to the department that the person may fill out and sign to indicate the person’s desire for a hearing.
      5. Shall be entered on the department’s records on receipt of the report by the officer and a copy of the order of suspension.
      6. Shall inform the person that the person’s driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege may be issued or reinstated following the period of suspension only if the person completes alcohol or other drug screening.
      7. Shall contain information on alcohol or other drug education and treatment programs that are provided by a facility approved by the department of health services.
    5. If the blood alcohol concentration test result is unavailable at the time the test is administered, the result shall be forwarded to the department before the hearing held pursuant to this section in a form prescribed by the director.
    6. If the license or permit is not surrendered pursuant to subsection C of this section, the officer shall state the reason for the nonsurrender. If a valid license or permit is surrendered, the officer shall issue a temporary driving permit that is valid for fifteen days. The officer shall forward a copy of the completed order of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the order of suspension along with the report.
    7. The department shall suspend the affected person’s license or permit to drive or right to apply for a license or permit or any nonresident operating privilege for not less than ninety consecutive days from that date. If the person is otherwise qualified, the department may reinstate the person’s driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
    8. Notwithstanding subsections A through F of this section, the department shall suspend the driving privileges of the person described in subsection A of this section for not less than thirty consecutive days and shall restrict the driving privileges of the person for not less than sixty consecutive additional days to travel between the person’s place of employment and residence and during specified periods of time while at employment, to travel between the person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule, to travel between the person’s place of residence and the office of the person’s probation officer for scheduled appointments or to travel between the person’s place of residence and a screening, education or treatment facility for scheduled appointments if the person:
      1. Did not cause a death or a serious physical injury as defined in section 13-105 to another person during the course of conduct out of which the current action arose.
      2. Has not been convicted of a violation of section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383 within eighty-four months of the date of commission of the acts out of which the current action arose. The dates of commission of the acts are the determining factor in applying the eighty-four month provision.
      3. Has not had the person’s privilege to drive suspended pursuant to this section or section 28-1321 within eighty-four months of the date of commission of the acts out of which the current action arose.
      4. Provides satisfactory evidence to the department of the person’s completion of alcohol or other drug screening that is ordered by the department. If the person does not complete alcohol or other drug screening, the department may impose a ninety day suspension pursuant to this section.
      5. If the officer does not serve an order of suspension pursuant to subsection C of this section and if the department does not receive the report of the results of the blood or breath alcohol test pursuant to subsection B, paragraph 4 of this section, but subsequently receives the results and the results indicate 0.08 or more alcohol concentration in the person’s blood or breath, or a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle, the department shall notify the person named in the report in writing sent by mail that fifteen days after the date of issuance of the notice the department will suspend the person’s license or permit, driving privilege or nonresident driving privilege. The notice shall also state that the department will provide an opportunity for a hearing and administrative review if the person requests a hearing or review in writing and the request is received by the department within fifteen days after the notice is sent.
      6. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision. If the person is a resident without a license or permit or has an expired license or permit, the department may allow the person to apply for a restricted license or permit. If the department determines the person is otherwise entitled to the restricted license or permit, the department shall issue, but retain, the license or permit, subject to this section. All hearings requested under this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306.
    9. For the purposes of this section, the scope of the hearing shall include only the following issues:
      1. Whether the officer had reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor.
      2. Whether the person was placed under arrest for a violation of section 4-244, paragraph 33, section 28-1381, section 28-1382 or section 28-1383 or for a violation of title 13, chapter 11 or section 13-1201 or 13-1204 involving a motor vehicle.
      3. Whether a test was taken, the results of which indicated the alcohol concentration in the person’s blood or breath at the time the test was administered of either:
        1. 0.08 or more.
        2. 0.04 or more if the person was driving or in actual physical control of a commercial motor vehicle.
        3. Whether the testing method used was valid and reliable.
      4. Whether the test results were accurately evaluated.
      5. The results of the blood or breath alcohol test shall be admitted on establishing the requirements in section 28-1323 or 28-1326.
      6. If the department determines at the hearing to suspend the affected person’s privilege to operate a motor vehicle, the suspension provided in this section is effective fifteen days after giving written notice of the suspension, except that the department may issue or extend a temporary license that expires on the effective date of the suspension. If the person is a resident without a license or permit or has an expired license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to the person for not less than ninety consecutive days. The department may reinstate the person’s driving privilege, license, permit, right to apply for a license or permit or nonresident operating privilege following the period of suspension only if the violator completes alcohol or other drug screening.
      7. A person may apply for a summary review of an order issued pursuant to this section instead of a hearing at any time before the effective date of the order. The person shall submit the application in writing to any department driver license examining office together with any written explanation as to why the department should not suspend the driving privilege. The agent of the department receiving the notice shall issue to the person an additional driving permit that expires twenty days from the date the request is received. The department shall review all reports submitted by the officer and any written explanation submitted by the person and shall determine if the order of suspension should be sustained or cancelled. The department shall not hold a hearing, and the review is not subject to title 41, chapter 6. The department shall notify the person of its decision before the temporary driving permit expires.
      8. If the suspension or determination that there should be a denial of issuance is not sustained after a hearing or review, the ruling is not admissible in and does not have any effect on any civil or criminal court proceeding.
      9. If it has been determined under the procedures of this section that a nonresident’s privilege to operate a motor vehicle in this state has been suspended, the department shall give information either in writing or by electronic means of the action taken to the motor vehicle administrator of the state of the person’s residence and of any state in which the person has a license.

DUI, Ignition Interlock

28-1401. Special ignition interlock restricted driver licenses; application fee

  1. A person whose class D or class G license has been suspended or revoked for a first offense of section 28-1321 or section 28-1383, subsection A, paragraph 3, may apply to the department for a special ignition interlock restricted driver license that allows a person to operate a motor vehicle during the period of suspension or revocation subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock device requirements prescribed in article 5 of this chapter if the person’s privilege to operate a motor vehicle has been suspended or revoked due to an alcohol related offense pursuant to either of the following:
    1. Section 28-1321, if the person meets the criteria of section 28-1321, subsection P.
    2. Section 28-1383, if the person meets the criteria of section 28-1383, subsection K and the person presents evidence that is satisfactory to the director that shows that the person has completed screening and treatment.
  2. An applicant for a special ignition interlock restricted driver license shall pay an application fee in an amount to be determined by the director.
  3. The department shall issue a special ignition interlock restricted driver license during the period of a court ordered restriction pursuant to sections 28-3320 and 28-3322 subject to the restrictions prescribed in section 28-1402 and the certified ignition interlock requirements prescribed in article 5 of this chapter.
  4. If the department issues a special ignition interlock restricted driver license, the department shall not delete a suspension or revocation from its records.
  5. The granting of a special ignition interlock restricted driver license does not reduce or eliminate the required use of an ignition interlock device pursuant to section 28-3319.

Endangerment

13-1201. Endangerment; classification

  1. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
  2. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.

Escape

13-2504. Escape in the first degree; classification

  1. A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, juvenile detention facility or an adult correctional facility by:
    1. Using or threatening the use of physical force against another person; or
    2. Using or threatening to use a deadly weapon or dangerous instrument against another person.
  2. Escape in the first degree is a class 4 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.

13-2503. Escape in the second degree; classification

  1. A person commits escape in the second degree by knowingly:
    1. Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or
    2. Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or
    3. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3994, 13-4507, 13-4512 or 31-226, title 36, chapter 37 or rule 11 of the Arizona rules of criminal procedure.
  2. Escape in the second degree pursuant to subsection A, paragraph 1 or 2 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release. Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.

13-2502. Escape in the third degree; classification A. A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody. B. Escape in the third degree is a class 6 felony.

Exploitation of a Minor, Commercial

13-3552. Commercial sexual exploitation of a minor; classification

  1. A person commits commercial sexual exploitation of a minor by knowingly:
    1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
    3. Permitting a minor under the person’s custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
  2. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Exploitation of a Minor, Sexual
13-3553. Sexual exploitation of a minor; evidence; classification

  1. A person commits sexual exploitation of a minor by knowingly:
    1. Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
    2. Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  2. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
  3. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

First Degree Murder by Premeditation
The crime of first degree murder requires proof of the following three things:

  1. The defendant caused the death of another person; and
  2. The defendant intended or knew that he would cause the death of another person; and
  3. The defendant acted with premeditation.

“Premeditation” means that the defendant’s intention or knowledge existed before the killing long enough to permit actual reflection. However, the reflection differs from the intent or knowledge that conduct will cause death. It is this actual reflection, regardless of its length, which distinguishes first degree murder from intentional or knowing second degree murder. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion

13-1105. First degree murder; classification

  1. A person commits first degree murder if:
    1. Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
    2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
    3. Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
  2. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
  3. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:
    1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
    2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
    3. The person was the unborn child’s mother
  4. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-703 and 13-703.01

Forgery of Credit Card

13-2104. Forgery of credit card; classification

  1. A person commits forgery of a credit card if the person:
    1. With intent to defraud, alters any credit card, falsely makes, manufactures, fabricates or causes to be made, manufactured or fabricated an instrument or device purporting to be a credit card without the express authorization of an issuer to do so, or falsely embosses or alters a credit card, or instrument or device purporting to be a credit card, or utters such a credit card or instrument or device purporting to be a credit card; or
    2. Other than the cardholder, with intent to defraud, signs the name of any actual or fictitious person to a credit card or instrument for the payment of money which evidences a credit card transaction.
  2. Forgery of a credit card is a class 4 felony.

Forgery

Forgery requires proof of the following two things:

  1. The defendant knowingly offered or presented a artifice which had been falsely made, completed, or altered contained false infor­mation; and
  2. The defendant offered or presented it with the intent to defraud.

It is not necessary to the crime of forgery that the offer be accepted

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with forgery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with forgery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of forgery that person is facing a prison sentence. That prison sentence ranges from 1-4 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with forgery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for forgery in Arizona is Arizona Revised Statute 13-1904

13-2002. Forgery; classification

  1. A person commits forgery if, with intent to defraud, the person:
    1. Falsely makes, completes or alters a written instrument; or
    2. Knowingly possesses a forged instrument; or
    3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
  2. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
  3. Forgery is a class 4 felony.

Fraud Schemes

13-2310. Fraudulent schemes and artifices; classification; definition

  1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
  2. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
  3. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  4. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
  5. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Schemes and Practices

Fraudulent schemes and practices requires proof of the following:

  1. Pursuant to a scheme or artifice to defraud or deceive,
  2. A person(s) knowingly falsified concealed covered up a material fact by a trick scheme device; or The person(s) made used a writing document containing any false fictitious fraudulent statement entry; and

  3. Person’s acts resulted in another’s loss.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 3-12 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for fraud schemes in Arizona is Arizona Revised Statute 13-1902
13-2310. Fraudulent schemes and artifices

  1. Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
  2. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
  3. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  4. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
  5. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Use of a Credit Card

13-2105. Fraudulent use of a credit card; classification

  1. A person commits fraudulent use of a credit card if the person:
    1. With intent to defraud, uses, for the purposes of obtaining or attempting to obtain money, goods, services or any other thing of value, a credit card or credit card number obtained or retained in violation of this chapter or a credit card or credit card number which the person knows is forged, expired, cancelled or revoked; or
    2. Obtains or attempts to obtain money, goods, services or any other thing of value by representing, without the consent of the cardholder, that the person is the holder to a specified card or by representing that the person is the holder of a credit card and the card has not in fact been issued.
  2. Fraudulent use of a credit card is a class 1 misdemeanor. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is two hundred fifty dollars or more but less than one thousand dollars in any consecutive six-month period the offense is a class 6 felony. If the value of all money, goods, services and other things of value obtained or attempted to be obtained in violation of this section is one thousand dollars or more in any consecutive six-month period the offense is a class 5 felony.

Furnishing Obscene Material to Minors 13-3506. Furnishing harmful items to minors; applicability; classification

  1. It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to minors any item that is harmful to minors.
  2. This section does not apply to the transmission or sending of items over the internet.
  3. A violation of this section is a class 4 felony.

13-3506.01. Furnishing harmful items to minors; internet activity; classification; definitions

    1. It is unlawful for any person, with knowledge of the character of the item involved, to intentionally or knowingly transmit or send to a minor by means of electronic mail, personal messaging or any other direct internet communication an item that is harmful to minors when the person knows or believes at the time of the transmission that a minor in this state will receive the item.
    2. This section does not apply to:
      1. Posting material on an internet web site, bulletin board or newsgroup.
      2. Sending material via a mailing list or listserv that is not administered by the sender. For the purposes of this paragraph, “mailing list” or “listserv” means a method of internet communication where a message is sent to an internet address and then is retransmitted to one or more subscribers to the mailing list or listserv.
    3. It is not a defense to a prosecution for a violation of this section that the recipient of the transmission was a peace officer posing as a minor.
    4. A violation of this section is a class 4 felony.
    5. The failure to report a violation of this section is a class 6 felony as prescribed by section 13-3620.
    6. For the purposes of this section:
      1. “Internet” means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the transmission control protocol or internet protocol or any successor protocol to transmit information.
      2. 2. “Internet web site” means a location where material placed in a computer server-based file archive is publicly accessible, over the internet, using hypertext transfer protocol or any successor protocol.

Hindering Prosecution

      1. 13-2512. Hindering prosecution in the first degree; classification A. A person commits hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for any felony, the person renders assistance to the other person. B. Hindering prosecution in the first degree is a class 5 felony, except that it is a class 3 felony if either: 1. The person knows or has reason to know that the offense involves terrorism or murder. 2. The person commits the offense with the intent to promote, further or assist a criminal street gang.

House of Prostitution

      1. 13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor. B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

Impersonating a Police Officer

      1. 13-2411. Impersonating a peace officer; classification; definition

 

      1. A person commits impersonating a peace officer if the person, without lawful authority, pretends to be a peace officer and engages in any conduct with the intent to induce another to submit to the person’s pretended authority or to rely on the person’s pretended acts.
      2. It is not a defense to a prosecution under this section that the law enforcement agency the person pretended to represent did not in fact exist or that the law enforcement agency the person pretended to represent did not in fact possess the authority claimed for it.
      3. Impersonating a peace officer is a class 6 felony, except that impersonating a peace officer during the commission of any of the following felonies is a class 4 felony:
        1. Negligent homicide.
        2. Manslaughter.
        3. First degree murder.
        4. Second degree murder.
        5. Assault.
        6. Aggravated assault.
        7. Sexual assault.
        8. Violent sexual assault.
        9. Sexual abuse.
        10. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.
        11. Attack by a person’s vicious animal as prescribed in section 13-1208.
        12. Drive by shooting.
        13. Discharging a firearm at a structure.
        14. Aggravated criminal damage.
        15. Theft.
        16. Theft by extortion.
        17. Theft of a credit card or obtaining a credit card by fraudulent means.
        18. Misconduct involving weapons.
        19. Misconduct involving explosives.
        20. Depositing explosives.
        21. Procuring or placing persons in a house of prostitution.
        22. Dangerous crimes against children as prescribed in section 13-705.
        23. Burglary.
        24. Arson.
        25. Kidnapping.
        26. Robbery.
      4. For the purposes of this section, “peace officer” has the same meaning prescribed in section 1-215 and includes any federal law enforcement officer or agent who has the power to make arrests pursuant to federal law.

Indecent Exposure

13-1402. Indecent exposure; exception; classification

  1. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.
  2. Indecent exposure does not include an act of breast-feeding by a mother.
  3. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.

Involving a Minor in a Drug Offense

13-3409. Involving or using minors in drug offenses; classification

  1. A person shall not knowingly:
    1. Hire, employ or use a minor to engage in any conduct, completed or preparatory, that is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3406, 13-3407 and 13-3408.
    2. Sell, transfer or offer to sell or transfer to a minor any substance if its possession is prohibited by sections 13-3404, 13-3404.01, 13-3405, 13-3407 and 13-3408.
  2. A person who violates this section is guilty of a class 2 felony and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705, subsection C.
  3. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the substance involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

Kidnapping

The crime of kidnapping requires proof of the following three things:

  1. The defendant knowingly restricted [another per­son’s] [a child’s] [an incompetent person’s] movements; and
  2. The restriction was accomplished
  1. [by (physical force) (intimidation) (or) (deception)] [or] [without the consent of the custodian of the (child) (incompetent person)]; and
  2. in a manner which interfered substantially with the person’s movements; and
  3. [by moving the person from place to place] [or] [by confining the person]; and
  4. The restriction was with the intent to

[hold the person (for ransom) (as a shield) (or) (as a hostage)];

[hold the person for involuntary servitude];

[inflict (death) (physical injury) (or) ( ) on the person];

[aid in the commission of a felony];

[place a person in reasonable fear of immediate physical injury to (that person) (or) (another person)];

[interfere with the performance of a governmental or political function];

[seize or exercise control over a(n) (airplane) (train) (bus) (ship) (other vehicle)].

13-1304. Kidnapping; classification; consecutive sentence

  1. A person commits kidnapping by knowingly restraining another person with the intent to:
    1. Hold the victim for ransom, as a shield or hostage; or
    2. Hold the victim for involuntary servitude; or
    3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or
    4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or such third person.
    5. Interfere with the performance of a governmental or political function.
    6. Seize or exercise control over any airplane, train, bus, ship or other vehicle.
  2. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest and prior to accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-604.01. The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant.

Luring a Minor

13-3554. Luring a minor for sexual exploitation; classification

  1. A person commits luring a minor for sexual exploitation by offering or soliciting sexual conduct with another person knowing or having reason to know that the other person is a minor.
  2. It is not a defense to a prosecution for a violation of this section that the other person is not a minor.
  3. Luring a minor for sexual exploitation is a class 3 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Manslaughter by Sudden Quarrel or Heat of Passion

The crime of manslaughter requires proof of the following three things:

  1. The defendant intentionally killed another person; or
  2. The defendant caused the death of another person by conduct which [he] [she] knew would cause death or serious physical injury; or Under circumstances which plainly showed an extreme indifference to human life, the defendant caused the death of another person by consciously disre­garding a grave risk of death. The risk must be such that disregarding it was a gross deviation from what a reasonable person in the defendant’s situation would have done; and

  3. The defendant acted upon a sudden quarrel or heat of passion; and
  4. The sudden quarrel or heat of passion resulted from adequate provocation by the person who was killed.

[It is no defense that the defendant was unaware of the risk solely by reason of intoxica­tion.]

“Adequate provocation” means conduct or circumstances sufficient to deprive a reasonable person of self-control. [There must not have been a “cooling off” period between the pro­vocation and the killing. A “cooling off” period is the time it would take a reasonable person to regain self-control under the circumstances.]

If you determine that the defendant is guilty of either second degree murder or manslaughter but you have a reasonable doubt as to which it was, you must find the defendant guilty of manslaughter.

13-1103. Manslaughter; classification

  1. A person commits manslaughter by:
    1. Recklessly causing the death of another person; or
    2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
    3. Intentionally aiding another to commit suicide; or
    4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or
    5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
  2. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:
    1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
    2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
    3. The person was the unborn child’s mother.
    4. Manslaughter is a class 2 felony.

Manufacturing Methamphetamine

13-3407.01. Manufacturing methamphetamine under circumstances that cause physical injury to a minor; classification

  1. A person shall not knowingly manufacture methamphetamine under any circumstance that causes physical injury to a minor who is under fifteen years of age.
  2. A person who violates this section is guilty of a class 2 felony and is punishable as provided by section 13-705.

Marijuana Offenses

13-3405. Possession, use, production, sale or transportation of marijuana; classification

  1. A person shall not knowingly:
    1. Possess or use marijuana.
    2. Possess marijuana for sale.
    3. Produce marijuana.
    4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana.
  2. A person who violates:
    1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony.
    2. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony.
    3. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of four pounds or more is guilty of a class 4 felony.
    4. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 4 felony.
    5. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony.
    6. Subsection A, paragraph 2 of this section involving an amount of marijuana having a weight of more than four pounds is guilty of a class 2 felony.
    7. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 5 felony.
    8. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony.
    9. Subsection A, paragraph 3 of this section involving an amount of marijuana having a weight of four pounds or more is guilty of a class 3 felony.
    10. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of less than two pounds is guilty of a class 3 felony.
    11. Subsection A, paragraph 4 of this section involving an amount of marijuana having a weight of two pounds or more is guilty of a class 2 felony.
  3. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
  4. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.
  5. A person who is convicted of a felony violation of any provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug or narcotic drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections as appropriate during the duration of the term of probation or before the expiration of the sentence imposed.
  6. If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial is less than the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 4, 7 or 10 and who is granted probation by the court shall be ordered by the court that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.
  7. If a person who is sentenced pursuant to subsection B, paragraph 1, 2 or 3 of this section is granted probation for a felony violation of this section, the court shall order that as a condition of probation the person perform not less than twenty-four hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crimes or any other appropriate agency or organization.
  8. If a person is granted probation for a misdemeanor violation of this section, the court shall order as a condition of probation that the person attend eight hours of instruction on the nature and harmful effects of narcotic drugs, marijuana and other dangerous drugs on the human system, and on the laws related to the control of these substances, or perform twenty-four hours of community restitution.

Misconduct Involving Weapons

13-3102. Misconduct involving weapons; defenses; classification; definitions A. A person commits misconduct involving weapons by knowingly: 1. Carrying a deadly weapon without a permit pursuant to section 13-3112 except a pocket knife concealed on his person; or 2. Carrying a deadly weapon without a permit pursuant to section 13-3112 concealed within immediate control of any person in or on a means of transportation; or 3. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or 4. Possessing a deadly weapon or prohibited weapon if such person is a prohibited possessor; or 5. Selling or transferring a deadly weapon to a prohibited possessor; or 6. Defacing a deadly weapon; or 7. Possessing a defaced deadly weapon knowing the deadly weapon was defaced; or 8. Using or possessing a deadly weapon during the commission of any felony offense included in chapter 34 of this title; or 9. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or 10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor’s agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or 11. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon; or 12. Possessing a deadly weapon on school grounds; or 13. Unless specifically authorized by law, entering a nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the immediate control of any person; or 14. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would use the firearm in the commission of any felony; or 15. Using, possessing or exercising control over a deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism as defined in section 13-2301. B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by that person. C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to: 1. A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties; or 2. A member of the military forces of the United States or of any state of the United States in the performance of official duties; or 3. A warden, deputy warden or correctional officer of the state department of corrections; or 4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States. D. Subsection A, paragraphs 3 and 7 of this section shall not apply to: 1. The possessing, transporting, selling or transferring of weapons by a museum as a part of its collection or an educational institution for educational purposes or by an authorized employee of such museum or institution, if: (a) Such museum or institution is operated by the United States or this state or a political subdivision of this state, or by an organization described in 26 United States Code section 170(c) as a recipient of a charitable contribution; and (b) Reasonable precautions are taken with respect to theft or misuse of such material. 2. The regular and lawful transporting as merchandise; or 3. Acquisition by a person by operation of law such as by gift, devise or descent or in a fiduciary capacity as a recipient of the property or former property of an insolvent, incapacitated or deceased person. E. Subsection A, paragraph 3 of this section shall not apply to the merchandise of an authorized manufacturer of or dealer in prohibited weapons, when such material is intended to be manufactured, possessed, transported, sold or transferred solely for or to a dealer, a regularly constituted or appointed state, county or municipal police department or police officer, a detention facility, the military service of this or another state or the United States, a museum or educational institution or a person specifically licensed or permitted pursuant to federal or state law. F. Subsection A, paragraph 1 of this section shall not apply to a weapon or weapons carried in a belt holster that is wholly or partially visible, or carried in a scabbard or case designed for carrying weapons that is wholly or partially visible or carried in luggage. Subsection A, paragraph 2 of this section shall not apply to a weapon or weapons carried in a case, holster, scabbard, pack or luggage that is carried within a means of transportation or within a storage compartment, map pocket, trunk or glove compartment of a means of transportation. G. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities. H. Subsection A, paragraph 3 of this section shall not apply to a weapon described in section 13-3101, subsection A, paragraph 8, subdivision (a), item (v), if such weapon is possessed for the purposes of preparing for, conducting or participating in lawful exhibitions, demonstrations, contests or athletic events involving the use of such weapon. Subsection A, paragraph 12 of this section shall not apply to a weapon if such weapon is possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses. I. Subsection A, paragraph 12 of this section shall not apply to the possession of a: 1. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked. 2. Firearm for use on the school grounds in a program approved by a school. J. The operator of the establishment or the sponsor of the event or the employee of the operator or sponsor or the agent of the sponsor, including a public entity or public employee, is not liable for acts or omissions pursuant to subsection A, paragraph 10 of this section unless the operator, sponsor, employee or agent intended to cause injury or was grossly negligent. K. Misconduct involving weapons under subsection A, paragraph 9, 14 or 15 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, 2, 10 or 11 of this section is a class 1 misdemeanor. L. For the purposes of this section: 1. “Public establishment” means a structure, vehicle or craft that is owned, leased or operated by this state or a political subdivision of this state. 2. “Public event” means a specifically named or sponsored event of limited duration that is either conducted by a public entity or conducted by a private entity with a permit or license granted by a public entity. Public event does not include an unsponsored gathering of people in a public place. 3. “School” means a public or nonpublic kindergarten program, common school or high school. 4. “School grounds” means in, or on the grounds of, a school.
Molestation of a Child

Molestation of a child requires proof of the following:

A person knowingly touched, directly or indirectly, the pri­vate parts of a child under the age of fifteen years

or caused a child under the age of fifteen years to touch, directly or indirectly, the private parts of the person.

It is a defense to child molest that the person was not motivated by a sexual interest.

The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with child molest and molestation of a child. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with child molest or molestation of a child.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of child molest or molestation of a child that person is facing a prison sentence. That prison sentence ranges from 10-24 years. Additionally, any prison sentence for child molest and molestation of a child is flat time. Which means that for child molest and molestation of a child a person serves every day of their sentence. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with molestation it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for child molest in Arizona is Arizona Revised Statute 13-1902
13-1410. Molestation of child

A. A person commits molestation of a child by intentionally or knowingly engaging in or causing a person to engage in sexual contact, except sexual contact with the female breast, with a child under fifteen years of age. B. Molestation of a child is a class 2 felony that is punishable pursuant to section 13-604.01.

Money Laundering

13-2317. Money laundering; classification; definitions
A. A person is guilty of money laundering in the first degree if the person does any of the following:
1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of subsection B of this section. 2. Violates subsection B of this section in the course of or for the purpose of facilitating terrorism or murder. B. A person is guilty of money laundering in the second degree if the person does any of the following: 1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense. 2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering. 3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering. 4. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12. 5. Intentionally or knowingly evades or attempts to evade any reporting requirement under section 6-1241, whether by structuring transactions as described in 31 Code of Federal Regulations part 103, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means. 6. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either: (a) Fail to file any report or record that is required under section 6-1241. (b) File such a report or record that contains a material omission or misstatement of fact. 7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter. 8. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information. 9. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by section 6-1241. 10. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330. C. A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following: 1. In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12. 2. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value upon an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12. D. In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of one hundred thousand dollars or more in any twelve month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve month period. E. Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony. F. For the purposes of this section: 1. The following terms have the same meaning prescribed in section 6-1201: (a) “Authorized delegate”. (b) “Licensee”. (c) “Money accumulation business”. (d) “Money transmitter”. (e) “Trade or business”. (f) “Transmitting money”. 2. The following terms have the same meaning prescribed in section 13-2001: (a) “Falsely alters a written instrument”. (b) “Falsely completes a written instrument”. (c) “Falsely makes a written instrument”. (d) “Forged instrument”. (e) “Personal identifying information”. (f) “Written instrument”. 3. The following terms have the same meaning prescribed in section 13-2301: (a) “Financial institution”. (b) “Financial instrument”. (c) “Racketeering”, except that for the purposes of civil remedies sought by the attorney general, racketeering includes any act, regardless of whether the act would be chargeable or indictable under the laws of this state or whether the act is charged or indicted, that is committed for financial gain, punishable by imprisonment for more than one year under the laws of the United States and described in section 274(a)(1)(A)(i), (ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the conduct acquire a total of more than five thousand dollars through the conduct in a one month period. For the purpose of forfeiture of property other than real property, the conduct must involve more than three aliens in a one month period. For the purpose of forfeiture of real property, the conduct must involve more than fifteen aliens in a one month period. 4. The following terms have the same meaning prescribed in section 13-2314: (a) “Acquire”. (b) “Proceeds”. G. For the purposes of this section: 1. “Offense” has the same meaning prescribed in section 13-105 and includes conduct for which a sentence to a term of incarceration is provided by any law of the United States. 2. “Superintendent” has the same meaning prescribed in section 6-101. 3. “Transaction” means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or any other acquisition or disposition of property by whatever means.

Narcotic Drug Offenses

13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification
A. A person shall not knowingly:
1. Possess or use a narcotic drug. 2. Possess a narcotic drug for sale. 3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug. 4. Manufacture a narcotic drug. 5. Administer a narcotic drug to another person. 6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge. 7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug. B. A person who violates: 1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. 2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony. 3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony. 4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony. 5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony. 6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony. 7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony. C. A person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 of this section and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-703, section 13-704, subsection A, B, C, D or E, section 13-706, subsection A, section 13-708, subsection D or any other provision of law making the convicted person ineligible for probation is eligible for probation. D. If the aggregate amount of narcotic drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. E. A person who is convicted of a violation of subsection A, paragraph 4 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. F. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. G. A person who is convicted of a violation of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed. H. If a person who is convicted of a violation of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization that provides counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

Negligent Homicide

The crime of negligent homicide requires proof that the defendant, by criminally negligent conduct, caused the death of another person.

“Criminal negligence” means that the defendant failed to recognize a substantial risk of causing the death of another per­son. The risk must be such that the failure to recognize it is a gross deviation from what a reasonable person would do in the situation.

The distinction between manslaughter and negligent homicide is this: for manslaughter the defendant must have been aware of a substantial risk and consciously disregarded the risk that his conduct would cause death. Negligent homicide only requires that the defendant failed to recognize the risk.

13-1102. Negligent homicide; classification

A. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child. B. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies: 1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law. 2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child. 3. The person was the unborn child’s mother. C. Negligent homicide is a class 4 felony.

Participating in a Criminal Syndicate

13-2308. Participating in or assisting a criminal syndicate; classification
A. A person commits participating in a criminal syndicate by: 1. Intentionally organizing, managing, directing, supervising or financing a criminal syndicate with the intent to promote or further the criminal objectives of the syndicate; or 2. Knowingly inciting or inducing others to engage in violence or intimidation to promote or further the criminal objectives of a criminal syndicate; or 3. Furnishing advice or direction in the conduct, financing or management of a criminal syndicate’s affairs with the intent to promote or further the criminal objectives of a criminal syndicate; or 4. Intentionally promoting or furthering the criminal objectives of a criminal syndicate by inducing or committing any act or omission by a public servant in violation of his official duty; or 5. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section. B. A person shall not be convicted pursuant to subsection A of this section on the basis of accountability as an accomplice unless he participates in violating this section in one of the ways specified. C. A person commits assisting a criminal syndicate by committing any felony offense, whether completed or preparatory, with the intent to promote or further the criminal objectives of a criminal syndicate. D. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony. E. A violation of subsection A, paragraph 5 of this section is a class 2 felony and the person convicted is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served the sentence imposed by the court or the sentence is commuted. F. Assisting a criminal syndicate is a class 4 felony. G. Use of a common name or common identifying sign or symbol shall be admissible and may be considered in proving the combination of persons or enterprises required by this section.

Perjury

13-2702. Perjury; classification
A. A person commits perjury by making either: 1. A false sworn statement in regard to a material issue, believing it to be false. 2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false. B. Perjury is a class 4 felony.

Pimping

13-3204. Receiving earnings of prostitute; classification A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

Possessing a Weapon at an Airport

13-3119. Misconduct involving weapons in a secured area of an airport; classification; definitions
A. A person commits misconduct involving weapons by intentionally carrying, possessing or exercising control over a deadly weapon in a secured area of an airport. B. This section does not apply to: 1. A peace officer or a federally sworn officer while in the actual performance of the officer’s duties. 2. A member of the military forces of the United States or of any state of the United States in the actual performance of the member’s official duties. 3. An individual who is authorized by a federal agency in the actual performance of the individual’s official duties. 4. General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration. 5. The lawful transportation of deadly weapons in accordance with state and federal law. C. A violation of this section is a class 1 misdemeanor. D. For the purposes of this section: 1. “Deadly weapon” has the same meaning prescribed in section 13-105. 2. “Secured area of an airport” means any area of an airport specified in an airport security program that is authorized and approved by the United States transportation security administration pursuant to 49 United States Code section 44903(h)(7)(F) and defined in 49 Code of Federal Regulations section 1540.5.

Possession of Burglary Tools

13-1505. Possession of burglary tools; master key; manipulation key; classification
A. A person commits possession of burglary tools by: 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary. 2. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key. B. Subsection A, paragraph 2 of this section does not apply to a person who either: 1. Uses a master key in the course of the person’s lawful business or occupation, including licensed vehicle dealers and manufacturers, key manufacturers who are engaged in the business of designing, making, altering, duplicating or repairing locks or keys, locksmiths, loan institutions that finance vehicles and law enforcement. 2. Transfers, possesses or uses no more than one manipulation key, unless the manipulation key is transferred, possessed or used with the intent to commit any theft or felony. C. Possession of burglary tools is a class 6 felony.

Possession of Dangerous Drug, Etc.

The crime of possession of [a] [dangerous drug] [prescription-only drug] [equipment together with the necessary chemicals for the manufacture of a (dangerous drug) (prescription-only drug)] requires proof of the following two things:

1. The defendant was aware or believed the [substance] [materials] [he] [she] possessed [was] [were] [a] [dangerous drug] [prescription-only drug] [equipment together with the necessary chemicals for the manufacture of a (dangerous drug) (prescription-only drug)]; and 2. The defendant possessed a usable amount of [a dangerous drug] [a prescription-only drug] [equipment together with the necessary chemicals for the manufacture of a (dangerous drug) (prescription-only drug)]. It is a usable amount if it is of such quality and quantity that it could be used according to the practices of users of [dangerous drugs] [prescrip­tion-only drugs].
13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly: 1. Possess or use a dangerous drug. 2. Possess a dangerous drug for sale. 3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 4. Manufacture a dangerous drug. 5. Administer a dangerous drug to another person. 6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge. 7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug. B. A person who violates: 1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor. 2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony. 3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony. 4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony. 5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony. 6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony. 7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony. C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-604 or any other law making the convicted person ineligible for probation is eligible for probation. D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced pursuant to section 13-712. F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person’s consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. H. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. I. A person who is convicted of a violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed. J. If a person who is convicted of a violation of a provision of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

Possession of Dangerous Drug for Sale

The crime of possession of a [dangerous drug] [prescription-only drug] for sale requires proof of the following three things:

1. The defendant was aware or believed that the substance possessed was a [dangerous drug] [prescription-only drug]; and 2. The defendant possessed a usable amount of a [dangerous drug] [prescription-only drug]. It is a usable amount if it is of such quantity and quality that it could be used according to the practices of users of [dangerous drugs] [prescription-only drugs]; and 3. The possession must be for purposes of sale. “Sale” in this context means an exchange for anything of value.

13-3407. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly: 1. Possess or use a dangerous drug. 2. Possess a dangerous drug for sale. 3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 4. Manufacture a dangerous drug. 5. Administer a dangerous drug to another person. 6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge. 7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug. B. A person who violates: 1. Subsection A, paragraph 1 of this section is guilty of a class 4 felony. Unless the drug involved is lysergic acid diethylamide, methamphetamine, amphetamine or phencyclidine or the person was previously convicted of a felony offense or a violation of this section or section 13-3408, the court on motion of the state, considering the nature and circumstances of the offense, for a person not previously convicted of any felony offense or a violation of this section or section 13-3408 may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is successfully terminated. The offense shall be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor. 2. Subsection A, paragraph 2 of this section is guilty of a class 2 felony. 3. Subsection A, paragraph 3 of this section is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony. 4. Subsection A, paragraph 4 of this section is guilty of a class 2 felony. 5. Subsection A, paragraph 5 of this section is guilty of a class 2 felony. 6. Subsection A, paragraph 6 of this section is guilty of a class 3 felony. 7. Subsection A, paragraph 7 of this section is guilty of a class 2 felony. C. Except as provided in subsection E of this section, a person who is convicted of a violation of subsection A, paragraph 1, 3 or 6 and who has not previously been convicted of any felony or who has not been sentenced pursuant to section 13-604 or any other law making the convicted person ineligible for probation is eligible for probation. D. Except as provided in subsection E of this section, if the aggregate amount of dangerous drugs involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is convicted of a violation of subsection A, paragraph 2, 5 or 7 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. E. If the person is convicted of a violation of subsection A, paragraph 2, 3, 4 or 7 of this section and the drug involved is methamphetamine, the person shall be sentenced pursuant to section 13-712. F. A person who is convicted of a violation of subsection A, paragraph 4 of this section or subsection A, paragraph 2, 3 or 7 of this section involving methamphetamine is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. G. If a person is convicted of a violation of subsection A, paragraph 5 of this section, if the drug is administered without the other person’s consent, if the other person is under eighteen years of age and if the drug is flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride, the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. H. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than one thousand dollars or three times the value as determined by the court of the dangerous drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. I. A person who is convicted of a violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a health care practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed. J. If a person who is convicted of a violation of a provision of this section is granted probation, the court shall order that as a condition of probation the person perform not less than three hundred sixty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

Prescription Only Drug Offenses

13-3406. Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; classification
A. A person shall not knowingly: 1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly licensed in another state. 2. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription-only drug for sale. 3. Unless the person holds a license or a permit issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for the purpose of manufacturing a prescription-only drug. 4. Unless the person holds a license or a permit issued pursuant to title 32, chapter 18, manufacture a prescription-only drug. 5. Administer a prescription-only drug to another person whose possession or use of the prescription-only drug violates any provision of this section. 6. Obtain or procure the administration of a prescription-only drug by fraud, deceit, misrepresentation or subterfuge. 7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription-only drug. B. A person who violates: 1. Subsection A, paragraph 1, 3, 4, 5 or 6 is guilty of a class 1 misdemeanor. 2. Subsection A, paragraph 2 or 7 is guilty of a class 6 felony. C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of one thousand dollars. A judge shall not suspend any part or all of the imposition of any fine required by this subsection. D. A person who is convicted of a felony violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription-only drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed. E. If a person who is convicted of a violation of a provision of subsection A, paragraph 2 or 7 is granted probation, the court shall order that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization.

Promoting Prison Contraband

13-2505. Promoting prison contraband; classifications; exceptions; x-radiation A. A person, not otherwise authorized by law, commits promoting prison contraband: 1. By knowingly taking contraband into a correctional facility or the grounds of such facility; or 2. By knowingly conveying contraband to any person confined in a correctional facility; or 3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement. B. Any person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report such violation or attempted violation to the official in charge of the facility or to a peace officer. C. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony. D. Notwithstanding any law to the contrary, any person convicted of a violation of this section shall be prohibited from employment by this state or any of its agencies or political subdivisions until the person’s civil rights have been restored pursuant to chapter 9 of this title. E. This section does not apply to any of the following: 1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials. 2. Contraband located at the place where a person is on home arrest. F. The state department of corrections may request a licensed practitioner to order that x-radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband as defined in section 13-2501.

Resisting Arrest 13-2508.

Resisting arrest; classification

A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by: 1. Using or threatening to use physical force against the peace officer or another; or 2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another. B. Resisting arrest is a class 6 felony.

Robbery

Robbery requires proof of the following four things:
1. A person took another person’s property; and 2. The taking was from the other person’s person or immediate presence; and 3. The taking was against the other person’s will; and 4. The person threatened or used force against any person with the intent to coerce surrender of the property or to prevent resistance to taking or keeping the property.
The attorneys at Shell & Nermyr have obtained not guilty verdicts for many people charged with robbery. The attorneys at Shell & Nermyr have convinced many county prosecutors to dismiss countless cases in which our clients were charged with robbery.

It is almost always in a person’s best interest to not talk to police when the police are investigating a person. Every person in the United States, whether they are a citizen or not, have the right to remain silent. In order to invoke your right to remain silent you must be clear and state “I want to remain silent” or “I do not want to answer any questions”. The best thing to say is “I want my lawyer present before I answer any questions”.

If a person is convicted of robbery that person is facing a prison sentence. That prison sentence ranges from 7-21 years. However, in some cases a person may be granted probation but only if the case is handled properly by the criminal defense lawyer.

If a person is charged with or even thinks that they may be charged with robbery it is very important to retain an attorney as quickly as possible. The lawyers at Shell & Nermyr will aggressively represent every client that is charged with a crime.

The law for robbery in Arizona is Arizona Revised Statute 13-1902
13-1902. Robbery; classification
A. A person commits robbery if in the course of taking any property of another from his person or immediate presence and against his will, such person threatens or uses force against any person with intent either to coerce surrender of property or to prevent resistance to such person taking or retaining property. B. Robbery is a class 4 felony.
Sexual Abuse The crime of sexual abuse requires proof of the following:

A person intentionally or knowingly engaged in sexual contact with another person; and the other person was under fifteen years of age; and the sexual contact involved the female breast by any part of the body The attorneys at Shell & Nermyr have won sex abuse trials and have convinced the government to dismiss sex abuse cases. It is a defense tto sex abuse if the person was not motivated by sexual interest.

13-1404. Sexual abuse; classifications

A. A person commits sexual abuse by intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast. B. Sexual abuse is a class 5 felony unless the victim is under fifteen years of age in which case sexual abuse is a class 3 felony punishable pursuant to section 13-604.01.

Sexual Assault

The crime of sexual assault requires proof of any of the following:

1. [The defendant intentionally or knowingly had oral contact with the (penis) (vulva) (anus) of another person without the other person’s consent]; or 2. [The defendant intentionally or knowingly penetrated the (penis) (vulva) (anus) of another person with (a part of his body) (an object of another person) without the other person’s consent]; or 3. [The defendant intentionally or knowingly mastur­bated the (penis) (vulva) of another person without the other person’s consent].
“Without consent” includes the following situations:
1. The victim was coerced by the [immediate] [threatened] use of force against a person or property; 2. The victim could not consent because of [a mental disorder] [drugs] [alcohol] [sleep] [ ], and the defendant knew or should reasonably have known about this condition; 3. The victim was intentionally deceived about the nature of the act.

13-1406. Sexual assault; classification; increased punishment

A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-604.01. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim’s knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows: Minimum Presumptive Maximum 5.25 years 7 years 14 years The term for a defendant who has one historical prior felony conviction is as follows: Minimum Presumptive Maximum 7 years 10.5 years 21 years

The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum Presumptive Maximum 14 years 15.75 years 28 years C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time. D. Notwithstanding sections 13-604 and 13-604.01, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-604.01, subsection A.

Sexual Conduct With a Minor Under Age Fifteen — Minor the Actor

The crime of sexual conduct with a minor under age fifteen requires proof of the following three things:
1. [The defendant intentionally or knowingly caused another person to have oral contact with the (penis) (vulva) (anus) of the defendant]; or [the defendant intentionally or knowingly caused another person to penetrate the (penis) (vulva) (anus) of the defendant with (a part of the body of the other person) (an object)]; or [the defendant intentionally or knowingly caused another person to masturbate the (penis) (vulva) of the defendant]; and 2. The other person had not reached [his] [her] fifteenth birthday; and 3. The other person was not [legally married to] [cohabiting with] the defendant.

13-1405. Sexual conduct with a minor; classifications

A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to section 13-604.01. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor’s parent, stepparent, adoptive parent, legal guardian or foster parent and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed has been served or commuted

Smuggling

13-2319. Smuggling; classification; definitions

A. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose. B. A violation of this section is a class 4 felony. C. Notwithstanding subsection B, a violation of this section is a class 2 felony if the human being smuggled is under eighteen years of age and not accompanied by a family member over the age of eighteen. Chapter 10 of this title does not apply to a violation of this subsection. D. For the purposes of this section: 1. “Family member” means the person’s parent, grandparent, sibling or any other person related to the person by consanguinity or affinity to the second degree. 2. “Smuggling of human beings” means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state.

Stalking

13-2923. Stalking; classification; definitions

A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either: 1. Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for their safety or the safety of that person’s immediate family member. 2. Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s immediate family member. B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 is a class 3 felony. C. For the purposes of this section: 1. “Course of conduct” means maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short, but does not include constitutionally protected activity. 2. “Immediate family member” means a spouse, parent, child or sibling or any other person who regularly resides in a person’s household or resided in a person’s household within the past six months.

Taking a Child for Prostitution 13-3206. Taking child for purpose of prostitution; classification

A person who takes away any minor from the minor’s father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony. If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to section 13-705.

Taking the Identity of Another

13-2008. Taking identity of another person or entity; knowingly accepting identity of another person; classification

A. A person commits taking the identity of another person or entity if the person knowingly takes, purchases, manufactures, records, possesses or uses any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of that other person or entity, with the intent to obtain or use the other person’s or entity’s identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment. B. A person commits knowingly accepting the identity of another person if the person, in hiring an employee, knowingly does both of the following: 1. Accepts any personal identifying information of another person from an individual and knows that the individual is not the actual person identified by that information. 2. Uses that identity information for the purpose of determining whether the individual who presented that identity information has the legal right or authorization under federal law to work in the United States as described and determined under the processes and procedures under 8 United States Code section 1324a. C. On the request of a person or entity, a peace officer in any jurisdiction in which an element of an offense under this section is committed, a result of an offense under this section occurs or the person or entity whose identity is taken or accepted resides or is located shall take a report. The peace officer may provide a copy of the report to any other law enforcement agency that is located in a jurisdiction in which a violation of this section occurred. D. If a defendant is alleged to have committed multiple violations of this section within the same county, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any precinct in which a violation is alleged to have occurred. If a defendant is alleged to have committed multiple violations of this section within the state, the prosecutor may file a complaint charging all of the violations and any related charges under other sections that have not been previously filed in any county in which a violation is alleged to have occurred. E. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. F. Taking the identity of another person or entity or knowingly accepting the identity of another person is a class 4 felony.

Tarfficking in Stolen Property

13-2307. Trafficking in stolen property; classification

A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree. B. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree. C. Trafficking in stolen property in the second degree is a class 3 felony. Trafficking in stolen property in the first degree is a class 2 felony.

Theft of a Credit Card

13-2102. Theft of a credit card or obtaining a credit card by fraudulent means; classification

A. A person commits theft of a credit card or obtaining a credit card by fraudulent means if the person: 1. Controls a credit card without the cardholder’s or issuer’s consent through conduct prescribed in section 13-1802 or 13-1804; or 2. Sells, transfers or conveys a credit card with the intent to defraud; or 3. With intent to defraud, obtains possession, care, custody or control over a credit card as security for debt. B. Theft of a credit card or obtaining a credit card by fraudulent means is a class 5 felony.
Theft By Control With Intent To Deprive

The crime of theft requires proof of the following two things:

1.The defendant knowingly controlled another per­son’s property; and 2.The defendant intended to deprive the other person of the property.

13-1802. Theft; classification

A. A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; or 2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant’s possession for a limited, authorized term or use; or 3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or 4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person’s own or another’s use without reasonable efforts to notify the true owner; or 5. Controls property of another knowing or having reason to know that the property was stolen; or 6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another’s services to the person’s own or another’s benefit without authority to do so. B. A person commits theft if the person knowingly takes control, title, use or management of an incapacitated or vulnerable adult’s assets or property through intimidation or deception, as defined in section 46-456, while acting in a position of trust and confidence and with the intent to deprive the incapacitated or vulnerable adult of the asset or property. C. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section. D. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405. E. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony. Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony. Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value. Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony. Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony. Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is a dog taken for the purpose of dog fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony. F. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

Theft of Means of Transportation

13-1814. Theft of means of transportation; affidavit; classification

A. A person commits theft of means of transportation if, without lawful authority, the person knowingly does one of the following: 1. Controls another person’s means of transportation with the intent to permanently deprive the person of the means of transportation. 2. Converts for an unauthorized term or use another person’s means of transportation that is entrusted to or placed in the defendant’s possession for a limited, authorized term or use. 3. Obtains another person’s means of transportation by means of any material misrepresentation with intent to permanently deprive the person of the means of transportation. 4. Comes into control of another person’s means of transportation that is lost or misdelivered under circumstances providing means of inquiry as to the true owner and appropriates the means of transportation to the person’s own or another’s use without reasonable efforts to notify the true owner. 5. Controls another person’s means of transportation knowing or having reason to know that the property is stolen. B. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section. C. A person who alleges that a theft of means of transportation has occurred shall attest to that fact by signing an affidavit that is provided by the law enforcement officer or agency when the report is taken in person or by signing and notarizing an affidavit that is provided by the law enforcement agency if the report is taken other than in person. If the affidavit is not taken in person by a law enforcement officer or agency, the person who alleges that a theft of means of transportation has occurred shall mail or deliver the signed and notarized affidavit to the appropriate local law enforcement agency within seven days after reporting the theft. If the appropriate law enforcement agency does not receive the signed and notarized affidavit within thirty days after the initial report, the vehicle information shall be removed from the databases of the national crime information center and the Arizona criminal justice information system. The affidavit provided by the law enforcement agency shall indicate that a person who falsely reports a theft of means of transportation may be subject to criminal prosecution. D. Theft of means of transportation is a class 3 felony.

Threatening or Intimidating

13-1202. Threatening or intimidating; classification

A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct: 1. To cause physical injury to another person or serious damage to the property of another; or 2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or 3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise. B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if: 1. The offense is committed in retaliation for a victim’s either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity. 2. The person is a criminal street gang member. C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Trafficking in the Identity of Another Person

13-2010. Trafficking in the identity of another person or entity; classification

A. A person commits trafficking in the identity of another person or entity if the person knowingly sells, transfers or transmits any personal identifying information or entity identifying information of another person or entity, including a real or fictitious person or entity, without the consent of the other person or entity for any unlawful purpose or to cause loss to the person or entity whether or not the other person or entity actually suffers any economic loss, or allowing another person to obtain or continue employment. B. This section does not apply to a violation of section 4-241 by a person who is under twenty-one years of age. C. Trafficking in the identity of another person or entity is a class 2 felony.

Unlawful Discharging a Firearm in City Limits

13-3107. Unlawful discharge of firearms; exceptions; classification; definitions

A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony. B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense. C. This section does not apply if the firearm is discharged: 1. As allowed pursuant to chapter 4 of this title. 2. On a properly supervised range. 3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department. 4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service. 5. By special permit of the chief of police of the municipality. 6. As required by an animal control officer in the performance of duties as specified in section 9-499.04. 7. Using blanks. 8. More than one mile from any occupied structure as defined in section 13-3101. 9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person. D. For the purposes of this section: 1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town. 2. “Properly supervised range” means a range that is any of the following: (a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school. (b) Approved by any agency of the federal government, this state or a county or city within which the range is located. (c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.

Unlawful Imprisonment

13-1303. Unlawful imprisonment; classification

A. A person commits unlawful imprisonment by knowingly restraining another person. B. In any prosecution for unlawful imprisonment, it is a defense that: 1. The restraint was accomplished by a peace officer acting in good faith in the lawful performance of his duty; or 2. The defendant is a relative of the person restrained and the defendant’s sole intent is to assume lawful custody of that person and the restraint was accomplished without physical injury. C. Unlawful imprisonment is a class 6 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place prior to arrest in which case it is a class 1 misdemeanor.

Unlawful Use of Transportation

13-1803. Unlawful use of means of transportation; classification

A. A person commits unlawful use of means of transportation if, without intent permanently to deprive, the person either: 1. Knowingly takes unauthorized control over another person’s means of transportation. 2. Knowingly is transported or physically located in a vehicle that the person knows or has reason to know is in the unlawful possession of another person pursuant to paragraph 1 or section 13-1814. B. A violation of subsection A, paragraph 1 of this section is a class 5 felony. C. A violation of subsection A, paragraph 2 of this section is a class 6 felony.

Use of a Wire in a Drug Transaction

13-3417. Use of wire communication or electronic communication in drug related transactions; classification

A. It is unlawful for a person to use any wire communication or electronic communication as defined in section 13-3001 to facilitate the violation of any felony provision or to conspire to commit any felony provision of this chapter or chapter 23 of this title. B. Any offense committed by use of a wire communication or electronic communication as set forth in this section is deemed to have been committed at the place where the transmission or transmissions originated or at the place where the transmission or transmissions were received. C. A person who violates this section is guilty of a class 4 felony except if the felony facilitated carries a class 5 or 6 designation in which case a violation of this section shall carry the same classification as the felony facilitated.

Witness Tampering

13-2804. Tampering with a witness; classification

A. A person commits tampering with a witness if such person knowingly induces a witness in any official proceeding or a person he believes may be called as a witness to: 1. Unlawfully withhold any testimony; or 2. Testify falsely; or 3. Absent himself from any official proceeding to which he has been legally summoned. B. Tampering with a witness is a class 6 felony.

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