A misdemeanor is classified as a less severe criminal offense compared to a felony, but it still carries significant legal consequences. It’s important to know what types of crimes are considered misdemeanors, what penalties they carry, and how you can defend yourself if you are facing charges.
Common Misdemeanor Charges in Arizona
In Arizona, misdemeanors are criminal offenses considered less serious than felonies but can still carry significant penalties and consequences. It’s advisable to seek guidance from criminal defense lawyers when facing such charges.
Below are some of the most common misdemeanor charges you might encounter in the state.
Assault
In Arizona, assault can be categorized as either a misdemeanor or a felony, depending on the severity of the incident and whether a weapon was involved. Misdemeanor assault charges involve intentionally, knowingly, or recklessly causing injury to another person or placing them in fear of sustaining injury.
Criminal Damage
This charge applies to individuals who damage or destroy property. The classification can range from a misdemeanor to a felony, influenced primarily by the costs associated with repairs. For damage that amounts to $1,000 or less, the defendant will face misdemeanor charges in most cases.
Indecent Exposure
Indecent exposure involves willfully exposing private parts in a manner that disregards whether it may offend others. The charge can vary from a misdemeanor to a felony, depending on previous convictions and the age of the alleged victims.
Criminal Trespass
The severity of criminal trespass charges varies based on the location of the offense. Examples of misdemeanor criminal trespass are unlawfully entering or remaining on non-residential property or an unfenced residential yard or remaining on a property after the owner has told you to leave.
Disorderly Conduct
This charge pertains to behaviors that disrupt public peace. Disorderly conduct in Arizona includes actions like fighting, making excessive noise, or engaging in offensive behavior in public places.
Domestic Violence
Domestic violence allegations are an enhancement to other offenses committed within domestic relationships. These charges often mandate treatment programs and can escalate to felony charges upon repeat offenses.
Failure to Appear in the Second Degree
This misdemeanor is charged when an individual does not attend a court hearing for a misdemeanor or a petty offense.
Driving Under The Influence
A driving under the influence charge results from operating a vehicle while impaired due to drugs or alcohol. In many cases, this offense is charged as a misdemeanor.
Misdemeanor Penalties in Arizona
In Arizona, misdemeanors are categorized into three classes and carry the following penalties:
- Class 1 Misdemeanor: This is the most serious type of misdemeanor and can result in a maximum jail time of 6 months and a fine of up to $2,500. Driving under the influence and disorderly conduct are generally Class 1 misdemeanors.
- Class 2 Misdemeanor: This class carries a lesser penalty, with a maximum jail time of 4 months and a fine of up to $750. Assault and criminal damage valued less than $250 are usually Class 2 misdemeanors.
- Class 3 Misdemeanor: This is the least severe category of misdemeanors, which can bring a maximum of 30 days in jail and a fine of $500. In some cases, criminal trespassing is an example of a Class 3 misdemeanor.
Understanding the classifications and penalties associated with misdemeanors in Arizona is crucial for individuals facing charges.
Legal Defenses to Misdemeanor Charges
The specific legal defenses available when facing a misdemeanor charge will vary based on the exact nature of the offense. However, some common defenses include:
- Lack of Intent: Demonstrating that the accused did not have the intention to commit the offense, which is often a necessary element of certain crimes, can lead to a not guilty verdict.
- Alibi: Providing evidence that the accused was elsewhere when the crime was committed, substantiated by witnesses or video records, can be a compelling defense.
- Mistaken Identity: Arguing that the individual accused is not the perpetrator can be a solid defense, supported by evidence that indicates a misidentification.
- Insufficient Evidence: Highlighting that the prosecution does not have enough evidence to prove the case beyond a reasonable doubt can lead to a dismissal or acquittal.
- Self-Defense: In cases involving physical altercations, asserting that the actions were taken in self-defense can negate culpability, as long as the response was proportional to the threat.
It is essential for individuals facing misdemeanor charges to consult with legal professionals to determine which defense is best for their case. If you have questions or need help, don’t hesitate to contact us today at 520-510-0439 to schedule a free consultation with a Tucson criminal defense lawyer.