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Gang Charges

Aggravated Harassment

    1. 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.

Assisting a Criminal Street gang

    1. 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.

Conducting an Illegal Enterprise

    1. 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.

Drive by Shooting

    1. 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

    1. 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.

Endangerment

    1. 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

    1. 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.

    1. 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.
    1. 13-2502. Escape in the third degree; classification
      1. 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.
      2. Escape in the third degree is a class 6 felony.

Hindering Prosecution

    1. 13-2512. Hindering prosecution in the first degree; classification
      1. 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.
      2. 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.

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.

Involving a Minor in a Drug Offense

    1. 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.

Misconduct Involving Weapons

13-3102. Misconduct involving weapons; defenses; classification; definitions

    1. 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.
    2. 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.
    3. 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.
    4. 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:
        1. 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
        2. Reasonable precautions are taken with respect to theft or misuse of such material.
        1. The regular and lawful transporting as merchandise; or
        2. 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.
      2. 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.
      3. 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.
      4. Subsection A, paragraph 10 of this section shall not apply to shooting ranges or shooting events, hunting areas or similar locations or activities.
      5. 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.
      6. 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.
      7. 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.
      8. 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.
      9. 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.

Money Laundering

      1. 13-2317. Money laundering; classification; definitions
      1. 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.
    1. 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:
      1. Fail to file any report or record that is required under section 6-1241.
      2. File such a report or record that contains a material omission or misstatement of fact.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. For the purposes of this section:
      1. The following terms have the same meaning prescribed in section 6-1201:
        1. “Authorized delegate”.
        2. “Licensee”.
        3. “Money accumulation business”.
        4. “Money transmitter”.
        5. “Trade or business”.
        6. “Transmitting money”.
      2. The following terms have the same meaning prescribed in section 13-2001:
        1. “Falsely alters a written instrument”.
        2. “Falsely completes a written instrument”.
        3. “Falsely makes a written instrument”.
        4. “Forged instrument”.
        5. “Personal identifying information”.
        6. “Written instrument”.
  1. The following terms have the same meaning prescribed in section 13-2301:
    1. “Financial institution”.
    2. “Financial instrument”.
    3. “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.
  2. The following terms have the same meaning prescribed in section 13-2314:
    1. “Acquire”.
    2. “Proceeds”.
  3. 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.

Participating in a Criminal Syndicate

13-2308. Participating in or assisting a criminal syndicate; classification

  1. 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
  2. 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
  3. Hiring, engaging or using a minor for any conduct preparatory to or in completion of any offense in this section.
  4. 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.
  5. 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.
  6. Except as provided in subsection E or F of this section, participating in a criminal syndicate is a class 2 felony.
  7. 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.
  8. Assisting a criminal syndicate is a class 4 felony.
  9. 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.

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.

Promoting Prison Contraband

13-2505. Promoting prison contraband; classifications; exceptions; x-radiation

  1. 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.
    4. 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.
  2. 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.
  3. 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.
  4. 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.
    3. 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

  1. 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.
  2. 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

  1. 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.
  2. Robbery is a class 4 felony.

Smuggling

13-2319. Smuggling; classification; definitions

  1. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
  2. A violation of this section is a class 4 felony.
  3. 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.
  4. 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

  1. 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.
  2. 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.
  3. For the purposes of this section:
      “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.
  4. “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.

Trafficking 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.

Threatening or Intimidating

13-1202. Threatening or intimidating; classification

  1. 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.
  2. 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.
  3. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.

Unlawful Imprisonment

13-1303. Unlawful imprisonment; classification

  1. A person commits unlawful imprisonment by knowingly restraining another person.
  2. 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.
  3. 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.

Use of a Wire in a Drug Transaction

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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. Tampering with a witness is a class 6 felony.

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