Arson is a serious crime in the state of Arizona, pursuant by A.R.S. §13-1703 and §13-1704 “Arson” takes place when an individual knowingly and unlawfully causes a fire or an explosion that damages property or a structure. If you were charged with Arson, and need an Arson attorney, contact DM Cantor for a free consultation (602) 307- 0808.

What Punishments can You Get if Convicted of Arson?

• Class 2 Felony Arson – Being charged with arson can be bad, however, it’s even worse if the property was occupied, then you could be facing a class two (2) felony.

The punishment for a class two (2) felony may include probation with zero (0) days to one (1) year jail time or three (3) years to 12 and a half (12.5) years in jail. If the individual being tried has one previous allegeable conviction, then the range for “prison only” can be from four and a half (4.5) years to twenty-three and a quarter (23.25) years of incarceration. If the individual has two (2) prior allegeable convictions, then the range for “prison only” can be from ten and a half (10.5) years to thirty-five (35) years in prison.

• Class 4 Felony Arson – If the property was not occupied, or the structure is worth more than $1000.00 in value, then the individual could be looking at being charged with a class four (4) felony for Arson.

The punishment for a class four (4) felony may include probation with zero (0) days to up to one (1) year spent in jail, or prison time can range from one (1) year to three and three quarter (3.75) years. If the individual being tried has one prior allegeable conviction, then the range for “prison only” can be from two and a quarter (2.25) years to seven and a half (7.5) years in jail. If the individual has two (2) prior allegeable convictions, then the range for “prison only” can be from six (6) to fifteen (15) years in prison.

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Charges for sex abuse can vary from state to state, however, each state carries serious consequences for sex abuse convictions.

Arizona Revised Statute (ARS 13-1404) is where a person intentionally engages in any kind of sexual contact with a person who is the age of 15 or more who does not consent. This also includes any person under 15 where the sexual contact only involves the breast of a female. This may also end up with the charge of sexual conduct with a minor. 

What Constitutes Sexual Contact?

You can be charged with sexual contact if you have directly or indirectly touched, manipulated, or fondled the genitals, female breast, or anus against the will of the other person. Causing a person to unwillingly touch another person can also constitute as sexual contact. These cases may also be known as “fondling cases”.

If you have been charged with a sex crime in Arizona, you will want to call a well experienced sexual abuse lawyer. Contact DM Cantor today 24/7 at 602-307-0808. You will be able to set up a free consultation where we can help you build a defense for your charges.

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Racketeering (ARS 13-2314 04) covers a wide range of activity with different people, groups and organizations. It is a very serious federal criminal offense that is punishable by fines and/or imprisonment. Originally, racketeering was criminal activity that law enforcement limited to organized crime. A “racket” is an organized business or a group of people that conducts business illegally for monetary gain.

Drug trafficking, money laundering, embezzlement of funds are all forms of racketeering. However, due to infiltration of organized crime into the legitimate corporate world in exchange for money, the lines have blurred over the decades, casting a wider view of racketeering and white collar crime in general.

What Is Racketeering?

The classic Merriam-Webster Dictionary definition of racketeering, or a racketeer, is someone who illegally gets money from someone, normally via intimidation. A broader definition of the term is the illegal methods of getting money or offering false services in exchange for money. Extortion, blackmail, bribery, kidnapping for monetary ransom…all of these falls under the racketeering umbrella.

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RICO Act (Racketeer Influenced & Corrupt Organization)

The Organized Crime Control Act of 1970 as a whole became law on October 15, 1970. The original purpose of the creation of the RICO statute was to stop the infiltration of organized criminal activity into legitimate businesses. An example of this is the timeless film, The Godfather. The Corleone family was a major crime family in New York City. However, they used an olive oil company as a family business to cover their illegal business practices.

The first documented RICO conviction was a La Cosa Nostra boss in New York City named Frank Tieri. Mr. Tieri was convicted on November 21, 1980 of racketeering charges that included threats to a restaurant owner, loansharking (extortion), and fraudulent activity at the Westchester Premier Theater with proven affiliation to the Genovese crime family. Since this time, however, the RICO act has expanded to include any group that is conducting illegal activity under the racketeering umbrella. This can include corrupt police officers and politicians, street gangs, even businesses and corporations.

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What is Insider Trading?

Illegal insider trading is defined as follows: “the illegal use of information available only to insiders in order to make a profit in financial trading” – Merriam Webster

‘Illegal Insider Trading’charges can result in a maximum fine of $5,000,000 for individuals ($25,000,000 for companies) and a federal prison sentence of up to 20 years! With all charges, if you have been accused of this, the first thing to do is to speak with a white collar crimes attorney.

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Why is Insider Trading Illegal?

Insider trading is considered illegal for a few reasons. First, when an employee or a broker for someone is a fiduciary of said person, corporation, government, etc., he or she gives his or her trust and loyalty, acting in the best interest of the person, business or government he or she is representing. Giving clandestine information to someone for financial gain that conflicts with one’s fiduciary duties is not only illegal, but also unfair.

Second, the stock market is supposed to be an even playing field for everyone (hence the term, “gone public”). For someone to have secretive information that no one else has and use it for their own financial gain is very unethical. Stephen Cutler, who is the Director of Enforcement of the SEC eloquently made the following statement in reference to the Martha Stewart case:

“It is fundamentally unfair for someone to have an edge on the market just because she has a stockbroker who is willing to break the rules and give her an illegal tip. It’s worse still when the individual engaging in the insider trading is the Chairman and CEO of a public company.”

It is similar to being the only person to have the answers to a major test, and you win a scholarship to an Ivy League university because of it. It is cheating, unless it cannot be proven.

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In the state of Arizona, if you are caught using or in possession of a drug such as meth (methamphetamines) or other narcotics, you can be charged with a class 4 felony. This includes drugs like hallucinogenic drugs, prescription medications, and amphetamines.

What is Dangerous Drug Possession in Arizona?

According to Arizona Revised Statute, ARS 13-3407 prohibits the use and possession of dangerous drugs. It also prohibits:

• The sale of dangerous drugs.
• The possession of any chemical and supplies that are used in the production of making drugs.
• The manufacturing of dangerous drugs.
• Giving the drugs to someone else, regardless of whether or not you made a profit off of it.
• Getting dangerous drugs by misrepresentation, deceit, and fraud.
• Transporting the drugs into Arizona or within the state.

What are the dangerous drugs outlined in this law? Well, they are broken down into several categories, and they are:c

• Any type of amphetamines, this includes meth.
• Any type of hallucinogenic substance. For example, acid and mescaline.
• Any type of drug that gives off a depressant effect on the central nervous system.
• Any anabolic steroids. This includes the use of testosterone.

One important thing to remember in the state of Arizona is that if you have any drug, no matter what form it is in, it is illegal to possess unless you have a doctor’s written prescription. In certain ways the laws are worded, you could have a small ingredient of a particular drug that could make you responsible for having the drug in your possession. You could face punishment for it just like you would if you had the entire drug in front of you.

Here at DM Cantor, we see these types of felony drug charges frequently and can help you to get your drug charge dismissed, reduced, or another positive outcome. We have many years of experience in drug cases and can help you to beat your charges. If you have been charged with possession of drugs for sale or transporting drugs in Arizona, contact our office today so that we can help you.

 

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Automobile accidents can be traumatizing, stressful and expensive. In Arizona, when an accident is caused and either the party responsible or not responsible has left the scene of where the accident happened, that is called “fleeing the scene of an accident”, or more popularly known as a “hit and run” or ARS 28-662.

Even if the vehicle that was struck was unoccupied, the person that hit the vehicle is responsible for attempting to locate the owner. If unable to find the owner, a note with the driver’s contact information must be left in a visible location. If this is not done, serious penalties can happen.

What are the Penalties for a Hit and Run in Phoenix, Arizona?

Of the 50 states,  in a study conducted by AAA that ranks the states on their hit and run fatalities of 2018. Below we outline the different types of hit and run accidents and their potential penalties. They range due to the severity of the accident and those involved. In any case, it is always recommended for those that left the scene to seek legal advice from a hit and run attorney to investigate the incident and look for the best possible outcome.

Is a Hit and Run Charge – A Misdemeanor or a Felony?

Fleeing the scene of an accident is not only immoral, but it is a criminal act that is punishable by law. The questions that remain are, “How ‘criminal’ is it?” and “What are the penalties for it?” Hit and run cases are not as final and easily to determine as one would think. They can by deemed a misdemeanor or a felony in the State of Arizona. Injuries, fatalities, prior criminal record, knowledge of the incident and severity of the incident are some of the determining factors on the seriousness of the charges.

When the Driver Causes the Accident and Flees – Severe Physical Injury and/or Death

If a vehicle is in an accident that has caused severe physical injury and/or death ( vehicular manslaughter ), and the driver at fault fled the scene of the accident, this defendant could be charged with anything from a Class 2 felony and revocation of his or her license for up to five years to imprisonment. Depending on the severity of the accident, the defendant faces incarceration penalties, from probation and/or one year of jail time, to a possible prison sentence of three to 12.5 years. This, however, is someone with no prior criminal history.

A person with a criminal history, however, has more severe charges and penalties in the State of Arizona. If the defendant has at least one allegeable prior conviction, and the hit and run incident entails severe physical injury and/or death, the penalties for prior convictions are as follows:

• 1 allegeable prior conviction – Imprisonment of 4.5 years to 23 years
• 2 allegeable prior convictions – Imprisonment of 10.5 years up to 35 years

When the Driver Does Not Cause the Accident and Flees – Severe Physical Injury and/or Death

If the driver does not cause the accident and flees the scene, the penalties differ some. If the defendant has no criminal record, his or her can be charged with a Class 3 felony. Punishment can include revocation of his or her driver’s license for up to 5 years and probation with zero days in day up to one full year in jail. If it is a prison-only matter, then the defendant can serve 2 years to 8.75 years in prison.

Once again, a person with a criminal history will have more severe charges and penalties in the State of Arizona. If the defendant has at least one allegeable prior conviction, and the hit and run incident does not contain severe physical injury and/or death, the penalties for prior convictions are as follows:

• 1 allegeable prior conviction – Imprisonment of 3.25 years to 16.25 years
• 2 allegeable prior convictions – Imprisonment of 7.5 years to 25 years

What if there were Less Serious Injuries and No Fatalities in the Accident?

Hit and Run accidents that did not any serious injuries or fatalities can be charged as Class 5 felonies. His or her license is revoked for three years, ranging in penalties from probation to one year in jail. If incarceration is a possibility in this case, the defendant may be sentenced for 6 months to 3.25 years in prison. A fine of up to $500 may be charged, with an 84% surcharge.

What if there was Only Vehicular Damage?

If only the other vehicle was damaged and there are no injuries and no fatalities, the defendant is charged with a Class 2 misdemeanor that is punishable with up to 6 months in jail and a possible 1-year suspension of his or her driver’s license.

Board Certified Criminal Law Specialization

As of the start of 2023, the State Bar of Arizona Board of Legal Specialization listed only 58 Criminal Law Specialists in the entire state.  Of these 58, only 36 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 3 Criminal Law Specialists, the most of any firm in Arizona.

The specialization process is so rigorous that only 36 current Criminal Law Specialists were certified in the last 23 years.  In addition, all specialists must be approved for re-certification every 5 years.  At DM Cantor, our Specialists have conducted Jury Trials on countless DUI and Vehicular crime cases.

Every case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the case’s progress.

We wouldn’t have it any other way. Work with a DM Cantor Criminal Defense Lawyer today.

Hit and Run Cases with Surprising Outcomes in Arizona

With any criminal case, how the matter is handled is very important. In fact, not every felony hit and run case gets a conviction. Here are some examples of surprising outcomes on hit and run felonies:

Mr. A’s car struck and killed someone in Tempe, Arizona. The police search neighboring apartment complexes and found Mr. A’s vehicle covered with a car cover. The officer lifted the cover to search to for damage to the vehicle. They did find damage, and then ran the license plate to find Mr. A’s address. They linked Mr. A to the accident where he was arrested and charged with Manslaughter and Felony Hit and Run. Because of how the police searched and obtained their information, the case was dismissed. Rather than obtaining a search warrant to search the vehicle, the police took it upon themselves to just lift up the car cover and search the vehicle. This does not go to say as to whether or not the accident happened. This goes to show poor conduct in how the case was handled, which resulted in dismissal of the case.

Mr. H allegedly backed out of a parking space and hit another car. A witness claimed that Mr. H got out to look at the damage, then got back in his car and drove away. When authorities reached out to Mr. H, he did not even realize he hit another vehicle. In court, it was proven that Mr. H was looking in the wrong place for damage and the State of Arizona could not prove differently. Mr. H was found not guilty, and clear of all charges.

The latter case is actually rather interesting. There are instances where a driver is completely unaware that he or she hit someone or something because the damage is so small. In a minor misdemeanor case like this, this defense is very believable, and most likely will end easily. Felony cases using this defense (i.e. – a driver hitting a person and not stopping because he or she thought it was an animal or object in the street), however, will be much more difficult to prove.

Work With an Experienced Phoenix Hit and Run and Felony Hit and Run Lawyer who is Beyond Aggressive

The DM Cantor Defense Team is highly versed in all areas of vehicular criminal law, including felony and misdemeanor charges of DUI, DWI, vehicular manslaughter, aggressive driving, reckless driving, unlawful flight from police, hit-and-run, and other vehicular-related crimes.

Click here… if you have not been charged with Hit and Run yet, but the police are in the “pre-charge investigation stage” of your case.

Contact Us

Have you been arrested for Felony Hit and Run? Contact DM Cantor and speak to an Hit and Run Lawyer. We will assist you with your Hit and Run case.