Phoenix Criminal Defense Lawyer
Criminal charges in Phoenix can range from minor misdemeanors carrying fines and probation to serious felonies with years of prison time. Whether you face a first-time DUI, domestic violence allegations, assault charges, theft accusations, or drug offenses, understanding the charges against you and the court process is essential to protecting your freedom and your future.
Attorney Josh represents clients throughout Phoenix and Maricopa County facing criminal charges at all levels—from misdemeanors in Phoenix Municipal Court to felonies in Maricopa County Superior Court.
→ For comprehensive Arizona criminal law information, see: Arizona Criminal Defense
Practice Areas
DUI Defense
Arizona has some of the toughest DUI laws in the nation. Even first-time offenders face mandatory jail time, license suspension, fines, and ignition interlock requirements. The penalties escalate significantly for Extreme DUI (0.15%+ BAC), Super Extreme DUI (0.20%+ BAC), and Aggravated DUI (felony).
Charges include:
- Standard DUI (ARS § 28-1381)
- Extreme DUI (ARS § 28-1382)
- Aggravated DUI (ARS § 28-1383)
- Drug DUI
- Underage DUI
Domestic Violence Defense
Domestic violence is not a separate crime in Arizona—it’s a designation that attaches to underlying offenses when committed against household members, family, or romantic partners. This designation triggers additional consequences including mandatory arrest, no-contact orders, and federal firearm prohibition.
Charges include:
- DV Assault
- DV Disorderly Conduct
- DV Criminal Damage
- DV Harassment
- Aggravated DV (felony)
→ Phoenix Domestic Violence Defense Lawyer
Assault Defense
Arizona assault charges range from misdemeanor (simple assault) to serious felony (aggravated assault). Assault does not require physical injury—placing someone in fear of harm or touching them offensively can support charges.
Charges include:
- Simple Assault (ARS § 13-1203)
- Aggravated Assault (ARS § 13-1204)
- Assault on a police officer
- Assault causing serious injury
Theft Defense
Arizona’s unified theft statute covers shoplifting, embezzlement, receiving stolen property, and more. Classification depends primarily on value, with felony charges beginning at $1,000.
Charges include:
- Shoplifting (ARS § 13-1805)
- Theft (ARS § 13-1802)
- Theft of Means of Transportation
- Organized Retail Theft
- Identity Theft
→ Phoenix Theft Lawyer
→ Shoplifting Lawyer Phoenix
Drug Crimes Defense
Drug charges in Arizona range from misdemeanor possession to felony trafficking with mandatory prison sentences. Proposition 207 legalized recreational marijuana, but many marijuana-related offenses remain illegal.
Charges include:
- Drug Possession (ARS § 13-3408)
- Possession for Sale
- Drug Trafficking
- Marijuana offenses
- Prescription drug crimes
Disorderly Conduct Defense
Disorderly conduct covers a range of behavior from fighting to unreasonable noise to reckless firearm display. Most disorderly conduct is a misdemeanor, but firearm-related disorderly conduct is a felony.
→ Phoenix Disorderly Conduct Lawyer
Other Criminal Charges
Attorney Josh also defends clients facing:
- Criminal Trespass → Trespass Lawyer
- Fraud → Phoenix Fraud Lawyer
- Forgery → Phoenix Forgery Lawyer
- Endangerment → Phoenix Endangerment Lawyer
- Reckless Driving → Phoenix Reckless Driving Lawyer
- Hit and Run → Phoenix Hit and Run Lawyer
- Probation Violations → Phoenix Probation Lawyer
- Protective Orders → Phoenix Order of Protection Lawyer
Phoenix and Maricopa County Court System
Understanding which court handles your case is essential to navigating the criminal process.
Phoenix Municipal Court
Location: 300 W. Washington Street, Phoenix, AZ 85003
Phoenix Municipal Court handles:
- City code violations
- Misdemeanor offenses occurring within Phoenix city limits
- Traffic violations
The Phoenix City Prosecutor’s Office handles prosecution of cases in Phoenix Municipal Court.
Maricopa County Justice Courts
Justice Courts handle misdemeanor cases and preliminary felony hearings in unincorporated areas and some municipalities. Multiple justice court locations serve different areas of Maricopa County.
Maricopa County Superior Court
Central Court Complex: 201 W. Jefferson Street, Phoenix, AZ 85003
Superior Court handles felony matters. Misdemeanor cases only appear in Superior Court when attached to a felony charge.
The Maricopa County Attorney’s Office prosecutes:
- All felony cases in Maricopa County
- Misdemeanor cases in justice courts
This means if you’re facing felony charges anywhere in Maricopa County, or misdemeanor charges in a justice court, you’re dealing with the Maricopa County Attorney’s Office—one of the largest prosecutor’s offices in the nation.
Arizona Criminal Classifications and Penalties
Arizona classifies criminal offenses as misdemeanors or felonies, with subcategories determining penalty ranges.
Misdemeanor Classifications
| Class | Maximum Jail | Maximum Fine | Examples |
| Class 1 | 6 months | $2,500 | DUI, Assault, Shoplifting (under $1,000) |
| Class 2 | 4 months | $750 | Reckless Driving, Criminal Trespass 2nd |
| Class 3 | 30 days | $500 | Criminal Trespass 3rd, Loitering |
Felony Classifications
| Class | Presumptive (First Offense) | Range | Examples |
| Class 6 | 1 year | 4 months – 2 years | Aggravated DUI, Theft $1,000-$2,000 |
| Class 5 | 1.5 years | 6 months – 2.5 years | Theft $2,000-$3,000 |
| Class 4 | 2.5 years | 1.5 – 3.75 years | Aggravated Assault, Burglary 3rd |
| Class 3 | 3.5 years | 2.5 – 8.75 years | Burglary 2nd, Dangerous Drug Sales |
| Class 2 | 5 years | 4 – 12.5 years | Armed Robbery, Drug Trafficking |
| Class 1 | Life | Life | First Degree Murder |
Prior felony convictions significantly increase sentencing ranges. Dangerous offenses and crimes against children carry mandatory prison terms.
The Criminal Defense Process
Understanding the stages of a criminal case helps you make informed decisions at each step.
1. Arrest or Citation
Depending on the offense, you may be:
- Arrested and booked into jail
- Cited and released with a court date
- Summoned to appear
For most misdemeanors, release occurs within hours. Felony arrests may require a bond hearing.
2. Initial Appearance / Arraignment
At your first court appearance:
- The judge advises you of the charges
- You enter an initial plea (typically “not guilty”)
- Release conditions are set or confirmed
- Future court dates are scheduled
3. Pretrial Phase
During the pretrial phase:
- Defense receives discovery (evidence)
- Investigation continues
- Motions may be filed to suppress evidence or dismiss charges
- Plea negotiations occur
4. Trial or Resolution
Cases resolve through:
- Dismissal (charges dropped)
- Plea agreement (negotiated resolution)
- Trial (jury or bench)
5. Sentencing
If convicted, sentencing considers:
- Offense classification
- Prior criminal history
- Aggravating and mitigating factors
- Victim input
Post-Conviction Options
After a conviction, certain options may be available depending on your circumstances:
Set-Aside of Judgment
In some cases, eligible individuals may be able to petition to have a conviction set aside under ARS § 13-905 after completing their sentence. A set-aside does not erase the conviction but shows it was set aside by the court. Contact our office to discuss whether this option applies to your situation.
Record Sealing
Certain offenses may qualify for record sealing under ARS § 13-911 after waiting periods. Eligibility depends on the offense type and your criminal history.
Marijuana Expungement
Under Proposition 207, certain prior marijuana convictions may be eligible for expungement.
→ Phoenix Marijuana Expungement Lawyer
Frequently Asked Questions
What is the difference between a misdemeanor and felony in Arizona?
Misdemeanors are less serious offenses with maximum penalties of up to 6 months in jail (Class 1). Felonies are more serious and carry potential prison sentences. The distinction affects where your case is heard, the prosecutor handling it, and the long-term consequences of conviction.
Will I go to jail if convicted?
It depends on the offense, your criminal history, and the circumstances. Many misdemeanor and some felony convictions result in probation rather than incarceration. However, certain offenses carry mandatory jail or prison time. An experienced attorney can advise you on the likely range of outcomes in your specific case.
Can criminal charges be dismissed?
Yes. Charges may be dismissed for various reasons including insufficient evidence, constitutional violations, successful defense motions, or prosecutorial discretion. However, dismissal is never guaranteed.
Should I talk to the police?
You have the right to remain silent and the right to an attorney. Generally, you should not make statements to police without first consulting with a lawyer. Anything you say can be used against you in court.
How long does a criminal case take?
Misdemeanor cases typically resolve within 2-4 months. Felony cases often take 6-12 months or longer, depending on complexity. Cases going to trial take longer than those resolved through plea agreements.
What happens if I miss a court date?
Failure to appear results in a bench warrant for your arrest. If you realize you’ve missed a court date, contact an attorney immediately to address the situation before you’re arrested.
Will a conviction affect my job?
Criminal convictions appear on background checks and can affect employment, professional licensing, and other opportunities. The impact depends on the type of conviction and your profession. Certain convictions carry specific employment restrictions.
Can I get my record sealed or expunged?
Arizona has limited expungement options, primarily for marijuana offenses under Proposition 207. For other convictions, you may be able to petition for set-aside or record sealing depending on the offense and your eligibility. Contact our office to discuss your options.
Contact a Phoenix Criminal Defense Attorney
If you are facing criminal charges in Phoenix, early intervention can significantly affect the outcome. Attorney Josh provides consultations to review your case, explain your options, and develop a defense strategy tailored to your situation.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.