Criminal Defense Lawyer in Arizona — Former Judge & Prosecutor on Your Side
Criminal Defense Lawyer Arizona representation means navigating Arizona-specific statutes, rules, and courts from day one. From ARS 13-701 through ARS 13-709 sentencing frameworks to DUI laws under ARS 28-1381–1383 and Maricopa County Superior Court procedures, our Tempe-based team applies local knowledge to protect your record, rights, and future.
Arizona Charges & Statutes: What You’re Up Against
Arizona prosecutes crimes under Title 13 (criminal code) and Title 28 (traffic/DUI). Misdemeanors are classified under ARS 13-601 and punished per ARS 13-707 (jail) and ARS 13-802 (fines). Felony sentencing ranges appear in ARS 13-702 (non-dangerous), ARS 13-704 (dangerous offenses), and ARS 13-705 (dangerous crimes against children). DUI and vehicular offenses are charged under ARS 28-1381 (impaired to the slightest degree), ARS 28-1382 (extreme/super extreme), and ARS 28-1383 (aggravated DUI). Allegations can also carry special designations, such as domestic violence tags under ARS 13-3601, triggering firearm and treatment consequences unique to Arizona.
Local court and prosecutor practices matter. A Phoenix Municipal Court DUI under ARS 28-1381 is processed differently than a felony drug possession under ARS 13-3407 filed in Maricopa County Superior Court. In the East Valley, Tempe Municipal Court calendars, Mesa Municipal Court disclosure schedules, and Scottsdale City Court compliance requirements can impact timelines, plea options, and treatment approvals. When felony indictments issue, preliminary matters shift to county Superior Courts (e.g., Pinal County Superior Court or Mohave County Superior Court) with grand jury review under Arizona Rule of Criminal Procedure 12. Responsible defense planning anticipates these venue differences from the start.
Certain charges carry collateral impacts under Arizona law. For example, an assault allegation under ARS 13-1203 tagged as domestic violence (ARS 13-3601) can affect firearm rights under federal and state law after conviction. A property offense under ARS 13-1802 (theft) or ARS 13-1602 (criminal damage) may trigger restitution hearings in Arizona courts under ARS 13-804. And probation eligibility and terms are guided by ARS 13-901, which Arizona courts apply alongside Rule 27 (probation) compliance proceedings. For those facing DUI, administrative license actions through ADOT/MVD run in parallel under ARS 28-1385 (implied consent), requiring swift action within 15 days of a notice to request a hearing.
Because Arizona sentencing can escalate quickly, early case mapping is essential. Felony dangerousness under ARS 13-704, historical prior felony allegations under ARS 13-703, or a domestic violence repeat-offender count under ARS 13-3601.02 can dramatically change the range of outcomes. Cases involving alcohol or drugs often intersect with our DUI Lawyer advocacy, while violent allegations tie closely to our Assault Lawyer and Domestic Violence Lawyer strategies. For serious felonies, visit our Felony Defense Lawyer hub, and for possession and narcotics prosecutions, see our Drug Possession Lawyer insights grounded in ARS 13-3405 and 13-3407.
Arizona Penalty Table
| Offense | ARS | Class/Level | Possible Penalties (Arizona) |
|---|---|---|---|
| Class 1 Misdemeanor | 13-707, 13-802 | Misdemeanor | Up to 6 months jail; fines up to $2,500 plus surcharges; probation per ARS 13-902 |
| Class 2 Misdemeanor | 13-707, 13-802 | Misdemeanor | Up to 4 months jail; fines up to $750 plus surcharges; probation per ARS 13-902 |
| Class 3 Misdemeanor | 13-707, 13-802 | Misdemeanor | Up to 30 days jail; fines up to $500 plus surcharges; probation per ARS 13-902 |
| Non-dangerous Felony | 13-702 | Class 6–2 | Prison ranges set by ARS 13-702 (mitigated to aggravated terms), probation eligibility under ARS 13-901 |
| Dangerous Felony | 13-704 | Class 6–2 | Mandatory prison under ARS 13-704; no probation for dangerous offenses |
| Assault | 13-1203 | Often M1–M3 | Up to 6 months jail for Class 1; DV tag (13-3601) can add firearm and treatment conditions |
| Aggravated Assault | 13-1204 | Felony (varies) | Felony sentencing per ARS 13-702 or 13-704 (dangerousness); potential prison terms |
| Theft | 13-1802 | Misd/Felony | Class depends on value; sentencing per ARS 13-702 or 13-707; restitution under ARS 13-804 |
| Drug Possession | 13-3407 | Misd/Felony | Class varies by substance/amount; probation and treatment options per ARS 13-901.01 (where applicable) |
| DUI (Impaired) | 28-1381 | Misdemeanor | 10 days jail (9 may be suspended with screening/treatment); fines/assessments; ignition interlock; MVD actions (ARS 28-1385) |
| Extreme DUI (0.15+) | 28-1382(A)(1) | Misdemeanor | Minimum 30 days jail; additional fines/assessments; interlock; possible home detention per local program |
| Super Extreme DUI (0.20+) | 28-1382(A)(2) | Misdemeanor | Minimum 45 days jail; enhanced assessments; interlock |
| Aggravated DUI | 28-1383 | Felony | At least 4 months prison for certain Class 4 offenses; felony consequences; interlock and MVD sanctions |
| Domestic Violence Tag | 13-3601 | Designation | Applies to listed relationships; treatment mandates; firearm prohibitions upon conviction |
After an Arizona Arrest: From Initial Appearance to Resolution
Arizona criminal cases start quickly. If arrested and booked in Maricopa County, you’re brought before a judge (initial appearance) under Rule 4.1, usually within 24 hours. Release conditions are set under ARS 13-3967, ranging from own-recognizance to secured bond or third-party supervision. For citations into Phoenix Municipal Court or Scottsdale City Court, your first appearance date on the summons controls timeline obligations.
Initial Appearance & Release
The court advises you of charges, appoints counsel if eligible, and sets release conditions under ARS 13-3967. In DUI arrests, officers may serve an MVD implied-consent affidavit (ARS 28-1385); request an ADOT/MVD hearing within 15 days to contest an automatic suspension.
Charging & Early Discovery
Felonies proceed by complaint, information, or grand jury indictment (Rule 2.2, Rule 12). A preliminary hearing (Rule 5.1) or indictment determines probable cause and binds the case over to Superior Court. Mandatory disclosure begins under Rule 15.1, including police reports, body-worn camera, and lab records from Arizona DPS or local crime labs.
Conferences, Motions & Negotiations
Arraignment sets Rule 8 speedy-trial clocks. We litigate suppression (e.g., Fourth Amendment issues under Article 2, §8 of the Arizona Constitution), Rule 11 competency when needed, and Daubert/Logerquist expert challenges. Plea discussions consider ARS 13-702 and 13-704 exposure, treatment options, and specialty courts in Maricopa, Pinal, Mohave, and Yavapai Counties.
Trial or Sentencing
Jury trials run under Arizona Rules of Criminal Procedure 18–23. If convicted, sentencing follows Title 13 guidelines with mitigation evidence, victim input per ARS 13-4423, and restitution under ARS 13-804. For DUI, interlock and screening orders issue under Title 28, and MVD consequences proceed separately.
Curious about fees and budgeting within Arizona courts? See our guide: How Much Does a Criminal Defense Lawyer Cost in Arizona. If a warrant may exist in Maricopa County or elsewhere, read: What Should I Do If I Have a Warrant in Arizona to understand quash procedures and court calendars.
Oliverson Law DUI & Criminal Defense is located at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281. For fast action in Maricopa, Pinal, Mohave, or Yavapai courts, call now or request a free consultation.
Proven Defense Strategies Under Arizona Law
Arizona cases turn on local statutes, police practices, lab methods, and court procedures. Whether we’re attacking a Tempe DUI stop on Mill Avenue under ARS 28-1594 authority, a Phoenix assault under ARS 13-1203, or a felony indictment in Yavapai County Superior Court, we tailor defense work to Arizona-specific law and evidence rules. Many matters intertwine with our DUI Lawyer analysis, Assault Lawyer advocacy, and Felony Defense Lawyer planning when indictments issue or dangerousness is alleged.
If you’re weighing misdemeanor vs. felony exposure, our primer What Is the Difference Between a Misdemeanor and a Felony in Arizona explains how Arizona classifications under ARS 13-601 affect jail, prison, and collateral consequences.
Meet Your Lawyers: Arizona Experience That Matters
Derek Oliverson is the Founder of Oliverson Law DUI & Criminal Defense. He earned 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. Admitted to the State Bar of Arizona in October 2009, Derek’s Arizona courtroom perspective is uncommon: he served as a police officer in Henderson, Nevada; then as a prosecutor with the Mohave County Attorney’s Office; then as a judge at Page Magistrate Court (handling 3,000+ cases per year) and at Glendale City Court in 2012, a high-volume Arizona municipal court processing 40,000+ cases annually. He left the bench in 2014 and founded the firm in 2016.
Why this background matters in Arizona: trial strategy benefits from knowing how Maricopa County prosecutors evaluate ARS 13-701 aggravation, how municipal judges in Phoenix, Tempe, or Glendale approach release conditions under ARS 13-3967, and how suppression motions play out under Arizona’s Article 2, §8 privacy protections. Derek has presided over and litigated cases involving ARS 28-1381 DUI stops, ARS 13-1203 assault, and ARS 13-3407 drug possession, giving him insight into what persuades Arizona benches and juries.
David Tangren graduated from the University of Arizona James E. Rogers College of Law, where he served as Note and Comment Editor for the International and Comparative Law Journal. He served as a prosecutor with the Pima County Attorney’s Office, working misdemeanors through the felony trial team, including the Property and Narcotics Bureau. His experience with Tucson-area policing practices, felony intake standards, and Arizona disclosure rules (Rule 15) reinforces our approach to negotiating with county attorneys statewide and trying cases in Superior Courts throughout Arizona.
With an office at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281, and a phone line at (480) 582-3637, our team appears in Maricopa County Superior Court, Phoenix Municipal Court, Tempe Municipal Court, Mesa Municipal Court, Scottsdale City Court, Glendale City Court, Mohave County Superior Court, Pinal County Superior Court, and Yavapai County Superior Court. Our Arizona-focused practice integrates Title 13 and Title 28 defenses with real-world courtroom experience.
Arizona Counties & Cities We Handle
Ahwatukee, AZAlhambra, AZAnthem, AZApache Junction, AZArcadia, AZAvondale, AZBuckeye, AZBullhead City, AZCamelback East, AZCarefree, AZCasa Grande, AZ
Frequently Asked Questions
Under ARS 13-707 and 13-802, Class 1 misdemeanors carry up to 6 months jail and up to $2,500 in fines (plus surcharges); Class 2 up to 4 months and $750; Class 3 up to 30 days and $500. Courts may impose probation under ARS 13-902, treatment, and restitution under ARS 13-804 where appropriate.
Arizona DUI is charged under ARS 28-1381 (impaired/slightest), ARS 28-1382 (extreme 0.15+ and super extreme 0.20+), and ARS 28-1383 (aggravated DUI). Minimum jail terms include 10 days (28-1381), 30 days (extreme), 45 days (super extreme), and at least 4 months prison for certain aggravated Class 4 DUIs. MVD actions proceed under ARS 28-1385.
Misdemeanors (ARS 13-601, 13-707) are punished in days or months of jail, while felonies carry prison ranges set by ARS 13-702 (non-dangerous) or ARS 13-704 (dangerous). Some designations, like domestic violence under ARS 13-3601 or dangerous crimes against children under ARS 13-705, increase consequences and can limit probation.
Within 24 hours, courts hold an initial appearance under Rule 4.1 to advise charges and set release under ARS 13-3967. Conditions can include own-recognizance release, unsecured or secured bond, or pretrial services. For DUI, officers often initiate MVD implied-consent actions under ARS 28-1385; you have 15 days to request a hearing.
Yes. A conviction for a domestic violence offense under ARS 13-3601 can trigger state and federal firearm prohibitions. Arizona courts also impose treatment under ARS 13-3601.01 and may order no-contact provisions. Early defense focuses on relationship definitions, admissibility of statements, and mitigation to avoid disqualifying outcomes.
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit our Tempe office. Whether your case is in Maricopa County Superior Court, a local municipal court, or another Arizona venue, we’ll evaluate charges, ARS exposure, and options under Arizona Rules of Criminal Procedure.
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