Criminal Defense Attorney in Arizona — Former Judge Insight at Every Stage
Criminal Defense Attorney Arizona representation demands command of ARS, local rules, and how cases move through Arizona’s city, justice & superior courts. From ARS 28-1381 DUI charges to ARS 13-1204 aggravated assault, Oliverson Law uses former-judge insight to challenge evidence and negotiate within county-specific policies.
Arizona laws, charges & penalties
Arizona prosecutions are governed by the Arizona Revised Statutes (ARS) and the Arizona Rules of Criminal Procedure. Felonies are filed in Superior Court (e.g., Maricopa County Superior Court), while most misdemeanors are handled in city or justice courts such as Tempe Municipal Court, Scottsdale City Court, and the various Maricopa County Justice Courts. Whether you need a criminal defense lawyer for a misdemeanor arraignment or guidance from a felony defense lawyer at a preliminary hearing, the statutes below drive outcomes.
Sentencing in felony cases generally follows ARS 13-701, 13-702 (first-time offenders), and 13-703 (repetitive offenders). Misdemeanor sentencing is set by ARS 13-707, and fines by ARS 13-802 (individuals) and ARS 13-803 (enterprises). DUI is codified in ARS 28-1381 (impaired to the slightest degree), ARS 28-1382 (Extreme/Super Extreme), and ARS 28-1383 (Aggravated DUI). For many general crimes, ARS Title 13 applies, including ARS 13-1203 (assault), ARS 13-1204 (aggravated assault), ARS 13-1802 (theft), and ARS 13-2904 (disorderly conduct). If you face alcohol-related charges, review our DUI attorney page for ARS 28 details, interlock requirements, and MVD implications.
| Charge/Category | Key ARS | Level | Possible Penalties (summary) |
|---|---|---|---|
| Misdemeanor (Class 1) | ARS 13-707; 13-802 | Class 1 Misd. | Up to 6 months jail; fines up to $2,500 plus surcharges; probation per ARS 13-902; collateral impacts (e.g., fingerprint requirements in some courts). |
| Misdemeanor (Class 2) | ARS 13-707; 13-802 | Class 2 Misd. | Up to 4 months jail; fines up to $750; possible probation; court-ordered classes or counseling. |
| Misdemeanor (Class 3) | ARS 13-707; 13-802 | Class 3 Misd. | Up to 30 days jail; fines up to $500; probation; conditions set by the sentencing court. |
| Felony Sentencing (non-dangerous, first offense) | ARS 13-701; 13-702; 13-801 | Felony (Classes 2–6) | Prison ranges set by class and aggravation/mitigation; potential probation eligibility under ARS 13-901; fines per ARS 13-801; restitution under ARS 13-804. |
| DUI (Impaired to slightest degree) | ARS 28-1381 | Class 1 Misd. | Minimum 10 consecutive days jail (portion may be suspended with screening/treatment under statute), fines/surcharges, license suspension (MVD per ARS 28-1385), ignition interlock requirements under ARS 28-3319. |
| Extreme DUI (0.15+ BAC) | ARS 28-1382(A)(1) | Class 1 Misd. | Minimum 30 consecutive days jail; enhanced fines; interlock; a portion of jail time may be suspended upon interlock compliance per ARS 28-1382(I). |
| Super Extreme DUI (0.20+ BAC) | ARS 28-1382(A)(2) | Class 1 Misd. | Minimum 45 consecutive days jail; enhanced fines; interlock; statutory provisions may allow partial suspension conditioned on interlock and compliance (see ARS 28-1382(I)). |
| Aggravated DUI | ARS 28-1383 | Felony | Felony DUI for license suspension violations, third DUI within 84 months, or minor in vehicle; prison exposure under ARS 13-702/703; interlock and MVD consequences. |
| Assault / Aggravated Assault | ARS 13-1203; 13-1204 | Misd./Felony | Simple assault ranges from fines/probation to jail; aggravated assault is typically a felony with prison ranges set by ARS 13-702/703, plus victim-related enhancements under ARS 13-701(D). |
| Theft | ARS 13-1802 | Misd./Felony | Level based on value and circumstances; misdemeanor for lower values; felony thresholds lead to ARS 13-702/703 sentencing; restitution required under ARS 13-804. |
| Domestic Violence Designation | ARS 13-3601 | DV Tag | DV is a designation affecting various underlying offenses; imposes firearm restrictions under federal law, counseling under ARS 13-3601.01, and enhanced penalties for repeat DV per statute. |
| Drug Possession (Dangerous Drugs) | ARS 13-3407; 13-901.01 | Felony | Felony exposure varies; Prop 200 (ARS 13-901.01) may mandate probation for qualifying first/second-time drug possession; thresholds and priors affect eligibility. |
County-specific practices in Maricopa, Pinal, Mohave, and Yavapai can influence plea offers, diversion availability, and probation terms. Understanding how each County Attorney and each Superior Court division applies ARS provisions is critical. Our Tempe office at 60 E Rio Salado Pkwy, Suite 900, positions us near key Maricopa County courthouses for fast filings and in-person negotiations.
When evaluating whether to go to trial, mitigation is guided by ARS 13-701(E) (mitigating factors) and victim input under the Arizona Victims’ Bill of Rights (ARS Title 13, Chapter 40). If your matter is felony-eligible, a seasoned criminal lawyer familiar with Maricopa County Superior Court settlement conferences and Rule 17 change-of-plea procedures can leverage timing, treatment records, and restitution plans to improve outcomes. For insight into roles in court, see our post on the difference between a criminal defense attorney and prosecutor.
Firm background at a glance
Arizona cases require real Arizona experience. Oliverson Law DUI & Criminal Defense was founded in 2009 after Derek Oliverson left the bench. Having presided in Page Magistrate Court and Glendale City Court, Derek observed how ARS statutes and local rules are applied across dockets in courts that process thousands of Arizona cases annually.
This background matters in Arizona practice: Rule-based issues (e.g., Rule 15 discovery deadlines, Rule 16 motions, and Rule 19 jury instructions) move fast in city and justice courts. A lawyer calibrated to those timelines can promptly request disclosure, subpoena body-worn camera data, and secure independent testing under ARS 28-1388(E) in DUI blood cases.
The Arizona criminal process
Initial Appearance & Release Conditions
After arrest, Arizona law calls for a prompt initial appearance (typically within 24 hours) under Rule 4.1, where a magistrate advises you of charges and sets release conditions under Rule 7.2 (release on own recognizance, third-party, or bond). In DUI cases, a separate MVD action may begin under ARS 28-1385, with a limited time to request a hearing.
Charging via Complaint, Information, or Indictment
Misdemeanors proceed by complaint in city or justice court (e.g., Mesa Municipal Court). Felonies proceed by indictment (grand jury) or information after a preliminary hearing in Justice Court (Rule 5.4). Arraignment follows (Rule 14), and your case is assigned to a Superior Court judge (e.g., Maricopa County Superior Court—Criminal Department).
Pretrial Litigation & Negotiations
Discovery flows under Rule 15. Motions to suppress challenge stops, searches, or statements under the Arizona Constitution and the Fourth and Fifth Amendments (Rule 16). Plea discussions reflect ARS sentencing ranges and county policies. For felony exposure, consult our felony defense lawyer resources for ARS 13-702/703 ranges and mitigation tools under ARS 13-701(E).
Trial, Sentencing & Collateral Consequences
Trials follow Arizona rules for jury selection and proof (Rule 18–19). If convicted, sentencing incorporates aggravating/mitigating factors (ARS 13-701). Collateral consequences include MVD points/interlock (Title 28), firearm restrictions in DV-designated matters (ARS 13-3601), and restitution (ARS 13-804). Appeals proceed to the Arizona Court of Appeals—Division One (Phoenix) or Division Two (Tucson), depending on venue.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637. Our Tempe office at 60 E Rio Salado Pkwy, Suite 900, is positioned to appear quickly in Maricopa County’s city, justice & superior courts. Ask about timelines under Arizona Rules and ARS-driven defenses for your specific charge.
Defense strategies under Arizona law
Effective defenses in Arizona hinge on ARS elements, Rule-based procedure, and local court practice. The following strategies reflect how we litigate suppression, justification, and mitigation in Arizona courts like Tempe Municipal Court and Maricopa County Superior Court. For role-specific insights, read our article: How does a former judge help as a criminal defense attorney?
Each defense is tailored to the charging statute’s elements and the forum—e.g., jury selection dynamics in Maricopa County Superior Court differ from bench trials in Glendale City Court. When the State alleges priors, ARS 13-703 (repetitive offenders) demands precise record review and bifurcated proceedings to contest historical prior felony status.
Attorney bios & how backgrounds help
Founder Derek Oliverson brings uncommon perspective to Arizona criminal cases. After earning a B.S. in Criminal Justice magna cum laude from Southern Utah University and a J.D. with a litigation concentration from Creighton University School of Law, he joined the State Bar of Arizona in October 2009. Derek worked as a police officer in Henderson, Nevada, then as a prosecutor with the Mohave County Attorney’s Office, litigating under ARS Title 13 from the State’s side.
Derek then presided as a judge in Page Magistrate Court (handling 3,000+ cases each year across DUI, assault, and civil traffic under Title 28) and later at Glendale City Court in 2012, where the docket processed 40,000+ cases annually. He left the bench in 2014 and founded Oliverson Law DUI & Criminal Defense in 2016. This arc—from officer to prosecutor to judge—gives clients a vantage point on how ARS elements, proof issues, and Rule deadlines are weighed by Arizona judicial officers.
Attorney David Tangren graduated from the University of Arizona James E. Rogers College of Law, serving as Note and Comment Editor for the International and Comparative Law Journal. As a former prosecutor with the Pima County Attorney’s Office, he advanced from misdemeanors through the felony trial team, including the Property and Narcotics Bureau. He understands how Pima County charging memos interpret ARS 13-1802 (theft), 13-1602 (criminal damage), and 13-3407 (dangerous drugs) when recommending plea dispositions.
Together, Derek and David apply insight from Arizona charging desks, bench decisions, and jury trials to today’s defense. If you want a deeper view on judicial decision-making affecting motions and sentencing, explore our blog: How does a former judge help as a criminal defense attorney. For the roles across the aisle, see the difference between a criminal defense attorney and prosecutor.
Our office at 60 E Rio Salado Pkwy, Suite 900, Tempe, is strategically located for quick access to Maricopa County Superior Court (Downtown Phoenix), the Southeast Court Complex (Mesa), and municipal courts across the East and West Valley. We appear statewide by motion and local-counsel coordination where permitted under Arizona rules.
Counties & cities we cover in Arizona
From initial appearance through trial, we litigate in Arizona’s city, justice, and superior courts, coordinating with County Attorneys and municipal prosecutors while navigating ARS-driven procedures. Use the links below to learn how local practices in these courts intersect with statutes, victim rights, and probation services.
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Frequently Asked Questions
Under Arizona Rule of Criminal Procedure 4.1, you appear before a magistrate within about 24 hours of arrest. The court advises you of the allegations, appoints counsel if you qualify, and sets release conditions under Rule 7.2 (OR, third-party, or bond). In DUI cases, a separate MVD suspension action under ARS 28-1385 may start, so request your hearing promptly.
A standard DUI under ARS 28-1381 carries a minimum 10 consecutive days in jail (a portion may be suspended with screening). Extreme DUI (BAC 0.15+) under ARS 28-1382(A)(1) sets a 30-day minimum; Super Extreme (0.20+) under ARS 28-1382(A)(2) sets 45 days. Statutory provisions allow suspension of part of the jail upon ignition interlock compliance (see ARS 28-1382(I)).
ARS 13-3601 designates certain offenses as domestic violence when a qualifying relationship exists, affecting sentencing, firearm rights, and mandated counseling under ARS 13-3601.01. The DV tag can apply to assault, disorderly conduct, criminal damage, and other offenses. Repeated DV offenses can lead to enhanced penalties and felony treatment per Arizona statutes and local prosecution policies.
For non-dangerous first-time felonies, ARS 13-701 defines aggravating/mitigating factors, and ARS 13-702 provides ranges by felony class. Prior convictions trigger ARS 13-703 (repetitive offenders). Judges weigh aggravators (e.g., victim harm) and mitigators (e.g., no priors) before selecting a term. Some offenses permit probation under ARS 13-901, while others require prison. Restitution is ordered under ARS 13-804.
Dangerous drug possession is prosecuted under ARS 13-3407. If eligible, Proposition 200 mandates probation for first- and some second-time possession offenses under ARS 13-901.01, absent disqualifying factors. Eligibility depends on priors and crime type. Counties may offer diversion on certain misdemeanors; terms vary. Lab analysis, chain of custody, and search legality remain central defenses under Arizona law.
Contact Oliverson Law DUI & Criminal Defense for a statute-driven defense plan grounded in ARS and local court practice. Call (480) 582-3637 or request a consultation online. Meetings available at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281.
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