Monday, May 15, 2017

Dangerous Offenses, An Interview with Phoenix Criminal Attorney Michael Munoz.

The following is an interview with Criminal Defense Attorney Michael Munoz. You can contact Munoz Law Office P.C. at 1-480-447-1100
Interviewer: By the way, what is the dangerous offense and must happen in order to be charged with a dangerous offense?
Mike: In Arizona, when you are charged with a dangerous offense, it is an allegation on top of a crime. A dangerous offense is a definition of a dangerous instrument is a weapon that can be used for bodily harm. That can be anything from a baseball bat to a knife to a loaded weapon to a stick. Most commonly dangerous offenses are knives and guns.
If you’re charged with a dangerous offense it is very, very serious. One of the more common dangerous offenses is aggravated assault which is a Class 3 felony and then the Maricopa county prosecutor files an allegation of dangerous offense and that just mean that the offense is committed with a dangerous weapon, a dangerous instrument.
The allegation of dangerous, the reason why it’s so serious is if you’re convicted of an offense with a dangerous allegation finding, it is mandatory prison time. That means people who are charged with those crimes, even if they have no criminal history whatsoever, if they are convicted of a dangerous offense they will go to prison. This is why they need very good criminal defense representation on these cases. When you’re charged with a criminal offense you are looking at jail time.
Some of the most common is aggravated assault dangerous and that is where you
commit an assault on another person, but you don’t even have to shoot the weapon, you don’t have to stab somebody with a knife, it can be merely threatening somebody with a knife. As a Class 3 felony, a person could literally go to prison for an average or presumptive term of seven and a half years if they’re convicted on their first offense. Another common dangerous offense is disorderly conduct. Disorderly conduct means you didn’t point it, you didn’t shoot it, but what you did is you recklessly displayed a dangerous instrument and that’s a Class 6 felony, but you can go to prison on that case, as well.

Interviewer: For instance, if I pick up a rock and I say I’m going to bash your head in, is that considered disorderly conduct and a dangerous offense?
Mike: Well, if you actually threatened somebody it, it would be an aggravated assault, it would be even worse then that. Yes, and a rock does count. When I was a prosecutor at the Maricopa County attorney’s office, we saw rocks used as dangerous instruments. Now those cases are not as good to prosecute. They’re easier to defend.
Depending on the size of the rock or the shape of the rock, whether or not the state actually kept the rock as evidence. But gun pieces, knives, sticks, bats, those are all considered dangerous instruments. So, the offense of dangerous instruments in Arizona is very, very serious and should not be taken lightly. If someone is charged with a dangerous offense they should contact and experienced criminal defense attorney immediately.
Interviewer: Right.

What Does A Criminal Defense Attorney Do?




Phoenix Criminal Defense Attorney

It is the job of criminal defense lawyer to represent those charged with crimes in court. Criminal offenses can vary in seriousness from a misdemeanor to a felony. Penalty can vary from a small fine or social work to years in prison and even death.

Representation during criminal proceedings is crucial for those accuseded of committing a criminal offense. The U.S. Constitution guarantees that all people charged with a criminal offense will be supplied representation. If you have maintained the services of a criminal law attorney or are looking for to retain one, you need to understand exactly what services your attorney may be able to carry out.

Why are Criminal Defense Attorneys Important?

Wrongdoer law is an intricate body of state and federal legislation. The bulk of criminal offenses are state criminal activities.

The average individual will not have an understanding of criminal law or the criminal justice process. Ignorance or
stopping working to understand criminal law is rarely an appropriate defense to avoid being discovered guilty.

Although a person deserves to represent himself or herself during criminal trial proceedings, the effects of having poor legal representation can be severe. Misdemeanors, which are lesser crimes, may just entail a fine or a quick prison sentence, but felonies, which are more serious criminal activities, can cause long prison terms. This is why it is so crucial to have someone well-informed about the law argue on your behalf.

Criminal Defense lawyer Services Pre-Trial

Criminal defense lawyers can assist clients throughout the criminal justice process, including pre-trial. In these circumstances, a criminal defense legal representative may help instruct the individual while being questioned by authorities to make sure the suspect doesn't disclose any incriminating info.

A criminal defense lawyer can likewise assist persuade a court to drop charges versus you based on inadequate proof or incorrect treatment. In numerous circumstances a police officer should have likely cause before making an arrest. Probable cause means an engaging reason to believe that you might have devoted a crime. Criminal defense attorneys have a nuanced understanding of possible cause as it is specified within your jurisdiction and might be able to present a difficulty to the officers reasoning in court. If the attorney can reveal that the officer may not have had possible cause to examine the supposed crime scene and make an arrest, charges against you may be dropped prior to a trial even begins.

In addition, when you are detained for a crime, you might be apprehended pending trial. You usually can be launched as long as you supply a specific amount of loan called bail. Bail is intended to guarantee you show up for trial. A criminal defense lawyer can try to encourage the court to lower your bail or waive it altogether.

If you know you will be found guilty of committing a criminal offense, you might wish to aim to enter into a plea deal with the prosecution. A plea deal is a worked out agreement to minimize charges to a lower crime or decrease sentencing. Your attorney can represent you throughout plea settlements to increase your opportunities of getting a decreased punishment. For example, if you are a small and are accused of attack, some jurisdictions may want to charge you as a grownup. Nevertheless, with the use of an attorney, you might have the ability to work out a deal so you rather are charged with juvenile assault.

Criminal Defense lawyer Provider at Trial

Criminal defense attorneys can also help you throughout the criminal trial. They can analyze your case, identifying its strengths and weaknesses. From there, your attorney and you can collaborate to come up with a defense method.

Your attorney can likewise go over the benefits and drawbacks of pleading guilty, particularly when a plea deal might be on the table.

Your legal representative can also assist with the basic actions of a criminal trial, from jury selection to providing opening statements to questioning witnesses. And if your trial does not go in your favor, criminal defense lawyer can assist you with the appeals process.

If you have further concerns about exactly what a criminal defense attorney can do for you, schedule an assessment with one.