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We often hear of a person charged with a criminal offense in Arizona who has raised a “defense” to the pending charges. At other times, the statement is that the defendant has an “affirmative defense” which will be offered at or prior to trial. Is there a difference...
Prison reform has been in the news (and on the legislative agenda) in Arizona and elsewhere for years. For some, the impetus for incarceration is simply to get criminals off the street for as long as possible. This assume, of course, that the potential penalties have...
According to Arizona Attorney General Kris Mayes, her office has been anticipating the resumption of executions for some time and believes they could begin as early as the first quarter of 2025. The death penalty has been on hold in the state at various points. In...
When domestic violence is portrayed in films or other media, it typically involves a husband hitting his spouse, or acts of a similar nature. While that behavior does meet the definition of domestic violence in Arizona, it is not limited to such acts. At the same...
Driving under the influence, or DUI, may seem to be a simple offense consisting of driving while impaired, as the result of the consumption of alcohol or drugs. In fact, there are dozens of statutes in Arizona – particularly Chapter 4 of Title 28 – defining various...
The Maricopa County Attorney’s Office has announced a proposed change in legislation to address the issue of teen violence. Specifically, the proposal, if adopted, would create a new crime, known as “swarming.” Simply stated, this is defined in the proposal as an...
If you ask most people what doxing is, you’ll likely be met with a look of sheer confusion. Doxing (also spelled “doxxing”), in the most general sense, is cyberbullying. The process involves using, or threatening to use, secret or sensitive information, records, or...
Crime statistics are easily obtainable on the internet and elsewhere. Indeed, the Arizona Department of Public Safety regularly publishes the number of crimes committed statewide, and for each county and city in the state. Despite some clear indications that crime is...
We often hear about defenses to criminal charges. Probably the most common reference is self-defense, which is defined in A.R.S. 13-404A. Generally, it permits the use of force to protect oneself against unlawful physical force. Less often, a case is reported in which...
Did you know that there are many situations in which a person can perform an act that, while it does not complete a particular offense (robbery, assault, murder, etc.), may nevertheless lead to a criminal charge. These are called “inchoate crimes,” and the basic...
A new bill was signed into law in Arizona last month dramatically increasing the sentence for trafficking in fentanyl. Known as the Ashley Dunn Act, it was named for a young woman who died from fentanyl poisoning several years ago. The law goes into effect this...
Most people are aware that statutes of limitations generally provide time limits for commencing a civil lawsuit. But are you aware that statutes of limitations also apply in some – but not all – criminal prosecutions as well? What this means, generally, is that if you...
The harsh laws regarding possession and use of marijuana have been under attack in Arizona and elsewhere for a number of years. This has been due in part to the relatively large number of individuals who are in jails and prisons in the United States compared with...
We are certainly not the only ones who have wondered why, after a flagrant foul, a fight, or other violence not within the scope of playing basketball, there are no criminal charges filed against basketball players in the NBA (or other professional sports). The answer...
A new bill was introduced in the Arizona legislature this month – HB2043 – that would make a subtle but important change in the statute of limitations for criminal charges. For those who don’t know, once the period set forth in the statute of limitations has run,...