Arizona Criminal Law

Arizona criminal law provides a list of punishable behaviors and procedures for criminal trials. The statutes that make up Arizona's criminal code include a wide variety of crimes and punishments, and can be difficult to follow or understand. The information below is a guide to common criminal questions faced in Arizona. To obtain a more detailed explanation, or if arrested for a crime in Arizona, contact an Arizona criminal defense attorney.

Drug Possession in Arizona

Arizona drug possession and distribution charges will vary depending on the nature and quantity of the drug.

• Marijuana offense in Arizona:
• Possession of marijuana can be punishable by probation, 6 – 9 months in jail, or 1.5 – 3 years in jail and fines ranging from $750 - $150,000 depending on the quantity of the drug possessed. In certain cases or for some quantities, the charge can elevate to possession with intent to sell, and increase the jail sentence to a maximum seven years.
• Sale of marijuana can result in a prison sentence between 2.5 – 10 years and a fine up to $150,000 depending on the quantity.
• Narcotics offense in Arizona:
• If arrested with any quantity of narcotic such as cocaine or heroin in Arizona and charged with possession, jail time is mandatory and the sentence ranges from 1.5 – 2 years in prison
• If charged with distribution of narcotics in Arizona, a defendant faces 4 – 10 years in prison for a first offense.

Depending on the quantity and nature of the drug, the punishment can increase. If arrested for drug possession in Arizona, contact an Arizona criminal attorney.

Assault in Arizona

A simple assault charge in Arizona encompasses three scenarios:

• Intentionally or recklessly causing injury to another
• Misdemeanor punishable by up to 6 months in jail and/or a $2,500 fine
• Intentionally causing fear of physical injury to another
• Misdemeanor punishable by up to 4 months in jail and/or a $750 fine
• Knowingly touching another with an intent to injure, insult, or provoke them
• Misdemeanor punishable by up to 30 days in jail and/or a $500 fine

Assault may be elevated to a felony with increased punishments including jail time and substantial fines if an assailant uses a weapon, causes serious bodily injury, or commits assault against a member of a classification such as police officer or teacher. For more details on serious assaults contact an Arizona criminal defense attorney.

Arizona Drunk Driving – DUI

A DUI in Arizona is a serious affair. A first offender in Arizona faces consequences such as jail of 10 days to 6 months, fines and costs up to $2,500, license suspension of 90 days, and probation for 1 – 5 years. Additionally, a court may require drug and alcohol counseling sessions at the offender's expense. If arrested for DUI in Arizona, contact an Arizona DUI attorney.

Right to Jury in Arizona

A defendant charged with a misdemeanor and tried in an Arizona municipal court does not have a right to a jury trial, but may request one for certain offenses. A felony charge in Arizona will entitle a defendant a right to a jury trial, which may be waived upon written request of the defendant and approval of the court.

Trial Date in Arizona

Arizona defendants have a right to a speedy trial. According to the Arizona rules of criminal procedure, a trial date will be set as follows:

• Within 150 days of arraignment if the defendant is in custody
• Within 180 days of arraignment if the defendant is released on bail
• Within 270 days of arraignment for cases considered to be complex or requiring additional time for the defense and prosecution to prepare.

In addition to these time limits, either party may file a motion for a continuance to push the trial date back further. A motion will only be granted if a continuance is necessary to serve the interests of justice.

Sentence Review / Appeal in Arizona

A convicted defendant in Arizona has a right to appeal the following:

• A conviction or guilty verdict, unless the defendant pled guilty
• An order denying motion to a new trial
• An order made after judgment affecting the rights of the defendant
• A sentence on the grounds it is illegal or excessive

An appeals process in Arizona requires timely and detailed attention to the procedures and requirements set forth in the Arizona rules of criminal procedure. For more information, or to file an appeal, contact an Arizona criminal defense attorney. Arizona Revised Statutes and Rules of Criminal Procedure.

Click here for the Arizona Revised Statutes:

1. Drug Possession in Arizona
1. Arizona Revised Statutes, Title 13: Criminal Code, Chapter 34 § 13-3405, 13-3408
2. Assault in Arizona
1. Arizona Revised Statutes, Title 13: Criminal Code, Chapter 12 §§ 13-1203,13-1204
3. Arizona Drunk Driving – DUI
1. Arizona Revised Statutes, Title 28: Transportation, Chapter 4, §§ 28-131, 28-1385
4. Right to Jury in Arizona
1. Arizona Revised Statutes, Title 22, Chapter 3 § 22-320 and Title 13, Chapter 38 §13-3983
5. Sentence Review / Appeal in Arizona
1. Arizona Revised Statutes, Title 13: Criminal Code, Chapter 38 §13-3983

Click here for the Arizona Rules of Criminal Procedure:

1. Trial Date in Arizona
1. Arizona Rules of Criminal Procedure, Rules 8.2, 8.5