Criminal Lawyer in Arizona — Former Judge & Prosecutor Guiding You Through ARS Charges
Criminal Lawyer Arizona cases move quickly under ARS timelines, from ARS 28-1381 DUI charges to felony counts under ARS 13-701–13-704. Early counsel helps protect your rights at the initial appearance and MVD deadlines. Our Tempe-based team defends cases statewide in municipal, justice, and Superior Courts.
Arizona Crimes, Charges & Penalties
Arizona criminal cases are charged under Title 13 (criminal code) and Title 28 (traffic & DUI) of the Arizona Revised Statutes. Whether you were cited in Tempe Municipal Court, indicted in Maricopa County Superior Court, or face a complaint in a Justice Court, your exposure is governed by sentencing schemes in ARS 13-701 through 13-707 for felonies and ARS 13-707 for misdemeanors. For DUI, ARS 28-1381, 28-1382, and 28-1383 control jail, interlock, and license consequences through the MVD.
Felony ranges for first-time non-dangerous offenses follow ARS 13-702. For example, Class 2 felonies typically carry 3 to 12.5 years, Class 3 felonies 2 to 8.75 years, with presumptive terms set in the statute. Dangerous offenses, repetitive offenders, and historical priors enhance exposure under ARS 13-704 and 13-703. Complex felony exposure is one reason people seek a Felony Defense Lawyer before the preliminary hearing or grand jury.
Misdemeanor sentencing appears in ARS 13-707 and fines in ARS 13-802. Class 1 misdemeanors allow up to 6 months jail and up to $2,500 in fines (plus surcharges), Class 2 up to 4 months and $750, and Class 3 up to 30 days and $500. In city courts like Scottsdale City Court, Mesa Municipal Court, and Glendale City Court, misdemeanor calendars move quickly; retaining a seasoned Criminal Defense Attorney before the first pretrial can preserve diversion opportunities and suppression issues.
DUI enforcement in Arizona includes court penalties and separate Motor Vehicle Division actions. A first-time non-extreme DUI under ARS 28-1381 carries a minimum 10 days jail (with most of that suspendable upon counseling), a 90-day admin per se suspension under ARS 28-1385, and ignition interlock typically imposed under ARS 28-3319. More serious categories—Extreme DUI (ARS 28-1382(A)(1)) and Super Extreme DUI (ARS 28-1382(A)(2))—increase mandatory jail. Aggravated DUI (ARS 28-1383) is a felony; upon conviction it includes a prison term and long-term license consequences. If you’re navigating these statutes, consult our DUI Lawyer hub for detailed ARS-specific guidance.
| Charge (ARS) | Level | Key Arizona Penalties |
|---|---|---|
| Non-Extreme DUI (28-1381) | Class 1 Misd. | Minimum 10 days jail (most suspendable with screening); 90-day admin per se suspension (28-1385); ignition interlock per 28-3319; fines/assessments; alcohol screening & classes; MVD points/insurance. |
| Extreme DUI 0.15–0.199 (28-1382(A)(1)) | Class 1 Misd. | Minimum 30 consecutive days jail; interlock; fines/assessments; possible home detention where available; MVD consequences under 28-1385/28-3319. |
| Super Extreme DUI ≥0.20 (28-1382(A)(2)) | Class 1 Misd. | Minimum 45 consecutive days jail; interlock; fines/assessments; license and MVD actions similar to Extreme, with longer interlock requirements possible. |
| Aggravated DUI (28-1383) | Class 4 Felony (most) | Mandatory prison term; license revocation; felony probation possible in certain scenarios; ignition interlock after reinstatement; collateral consequences of felony conviction. |
| Assault (13-1203) / Aggravated Assault (13-1204) | Misd./Felony | Simple assault often Class 1 Misd.; aggravated assault can be Class 2–6 Felony depending on injury/weapon/status of victim; sentencing under 13-702/13-704. |
| Domestic Violence Designation (13-3601) | Enhancer | Not a separate offense; adds DV-specific penalties (counseling), firearm restrictions under federal law, and enhanced consequences for repeat DV-designated offenses. |
| Theft (13-1802) | Misd./Felony | Classification determined by value; ranges from Class 1 Misd. to Class 2 Felony; restitution; possible probation or prison under 13-702. |
| Disorderly Conduct (13-2904) | Class 1 Misd. / Class 6 Felony (firearm) | Up to 6 months jail for misdemeanor; felony exposure if involving a weapon; fines under 13-802/13-801. |
| Drug Possession (13-3405/13-3407) | Felony (most) | Penalties vary by substance/amount; probation eligible in some cases; TASC-type diversion may be available through local prosecutor policies; sentencing via 13-702/13-704. |
Because Arizona imposes separate MVD actions (admin per se under ARS 28-1385 and implied consent under ARS 28-1321), defense requires courtroom advocacy and license protection. Our approach integrates statutory defenses with Arizona Rules of Criminal Procedure, and—when helpful—collaboration with a seasoned Criminal Defense Lawyer for complex multi-count indictments spanning Superior Court and municipal filings.
Our Arizona Results & Credentials
From arraignments at Maricopa County Superior Court to trials in Justice Courts across Arizona, Oliverson Law DUI & Criminal Defense applies courtroom experience gained on Arizona benches and in Arizona prosecutor’s offices. Based at 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281, we’re positioned minutes from the Tempe Municipal Court and a short drive to downtown Phoenix courthouses.
Our founder’s judicial service at Glendale City Court and Page Magistrate Court informs strategy on high-volume Arizona misdemeanor calendars, where knowing local practices can influence release conditions, pretrial diversion, and trial settings. Prosecutorial experience in Mohave County and Pima County shapes plea negotiations and disclosure demands under Ariz. R. Crim. P. 15.
What Happens After an Arizona Arrest
Arizona criminal procedure is governed by the Arizona Rules of Criminal Procedure and local court practices. From Rule 4.1 initial appearances to Rule 16 motion practice, timelines move fast. Whether your case begins in Tempe Municipal Court, a Maricopa County Justice Court, or directly in Superior Court, meeting ARS and rule-based deadlines protects both liberty and license.
Initial Appearance & Release Conditions
Within 24 hours of arrest, you’re entitled to an initial appearance (Rule 4.1, Ariz. R. Crim. P.). The judge advises charges, appoints counsel if eligible, and sets release conditions under Rule 7. In Justice Courts (e.g., East Mesa, Kyrene), the release decision can dictate leverage on future hearings and compliance requirements.
Charging, Arraignment & Early Negotiations
Misdemeanors are filed by complaint; felonies proceed by information after a preliminary hearing in Justice Court or by grand jury indictment (Rule 12). Arraignment follows in city, justice, or Superior Court. Early defense action involves disclosure requests under Rule 15 and exploring diversion per local Arizona prosecutor policies.
Pretrial Motions & Hearings
Defense challenges—suppression (Rule 16.2), remand from grand jury, or preclusion for late disclosure—are argued before trial. In DUI cases under ARS 28-1381/1382/1383, we also calendar separate MVD hearings within statutory windows (admin per se under ARS 28-1385; implied consent under ARS 28-1321) to preserve driving privileges.
Resolution: Trial, Plea, or Dismissal
Arizona trials proceed under Rule 18 with juries in most misdemeanors and all felonies. Plea negotiations occur under Rule 17, often guided by sentencing ranges in ARS 13-702/707 and collateral MVD outcomes. If the State cannot meet its burden under Arizona law and rules, dismissal or acquittal ends the case.
Throughout, a seasoned advocate coordinates courtroom defense with collateral consequences unique to Arizona—firearm issues in DV-designated cases (ARS 13-3601), interlock periods (ARS 28-3319), and immigration-sensitive pleas—often in concert with a Criminal Defense Lawyer on complex, multi-venue matters.
Located in Tempe and defending cases statewide, Oliverson Law DUI & Criminal Defense can intervene before arraignment, at release hearings, or ahead of MVD deadlines.
Proven Arizona Defense Strategies
Effective Arizona defense blends statutory knowledge (Title 13, Title 28) with courtroom rules and local practice in courts like Maricopa County Superior Court, Tempe Municipal Court, and Pinal County Justice Courts. The approaches below are tailored to Arizona burdens of proof, suppression law, and sentencing frameworks—core to any strategy by a seasoned Criminal Defense Attorney.
Meet Your Team: Former Arizona Judge & Prosecutor
Oliverson Law DUI & Criminal Defense operates from 60 E Rio Salado Pkwy, Suite 900, Tempe, AZ 85281, representing clients statewide in municipal, justice, and Superior Courts. Our attorneys’ Arizona-specific backgrounds—judicial, prosecutorial, and defense—anchor strategies aligned with ARS statutes and Arizona Rules of Criminal Procedure.
Derek Oliverson — Founder
Founder Derek Oliverson holds 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 served as a prosecutor in Mohave County and later as a judge in Arizona’s Page Magistrate Court (handling 3,000+ cases per year) and Glendale City Court (in 2012, a court with 40,000+ cases per year). He left the bench in 2014 and founded Oliverson Law DUI & Criminal Defense in 2016. His judicial experience in Glendale City Court and Page Magistrate Court provides practical insight into Arizona arraignments, Rule 7 release conditions, evidentiary rulings, and trial management across busy Arizona dockets.
David Tangren — Attorney
Attorney David Tangren is a graduate of 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. As a former prosecutor with the Pima County Attorney’s Office, he handled matters ranging from misdemeanors to the felony trial team, including assignments in the Property and Narcotics Bureau. His time in Pima County courtrooms informs defense across Arizona, from grand jury practice to suppression under Rule 16.2 and plea negotiations under Rule 17.
Combined, our backgrounds in Arizona prosecution and on the Arizona bench allow strategic use of ARS 13-701–13-707 sentencing structures, Title 28 DUI defenses, and local practice across Maricopa, Pinal, Mohave, and Yavapai courts. When a case involves multiple venues or complex felony exposure, we coordinate closely with our Criminal Defense Lawyer and Criminal Defense Attorney resources for comprehensive coverage.
Frequently Asked Questions
Under ARS 28-1381, a first-time non-extreme DUI carries a minimum 10 days jail (most suspendable with alcohol screening/treatment), fines and assessments, and ignition interlock typically required under ARS 28-3319. Separately, the MVD imposes a 90-day admin per se suspension under ARS 28-1385. Court and MVD actions run on different timelines, so calendaring both is essential.
For first-time non-dangerous felonies, ARS 13-702 sets ranges (e.g., Class 2: 3–12.5 years; Class 3: 2–8.75 years) with mitigated, minimum, presumptive, maximum, and aggravated terms. Dangerous offenses (using a deadly weapon or causing serious physical injury) and repetitive offenders enhance terms under ARS 13-704 and ARS 13-703, leading to substantially higher exposure.
City (municipal) courts like Tempe or Scottsdale hear misdemeanors, some ordinance violations, and traffic. Justice Courts (e.g., Maricopa County precincts) handle misdemeanors, DUIs, and felony preliminary hearings. Superior Court (one in each county) has original jurisdiction over felonies and higher-level matters. Charging may start in Justice or city court and be transferred or indicted into Superior Court.
After a DUI arrest, the admin per se notice under ARS 28-1385 triggers a 90-day suspension unless contested. You typically have 30 days to request an MVD hearing. Refusals under ARS 28-1321 (implied consent) can cause a one-year (or longer) suspension. These deadlines are independent of court dates, so immediate action is crucial.
Domestic violence (ARS 13-3601) is a designation added to underlying offenses like assault or disorderly conduct. Dismissal or reduction depends on facts, evidence, and defenses (e.g., justification under ARS 13-404). DV-designated convictions may involve counseling, probation terms, and firearm consequences under federal law. Early intervention can preserve diversion or non-DV pleas where policy allows.
Counties & Cities We Cover
Tempe, AZScottsdale, AZMesa, AZGlendale, AZChandler, AZGilbert, AZPeoria, AZSurprise, AZGoodyear, AZBuckeye, AZParadise Valley, AZ
Call Oliverson Law DUI & Criminal Defense at (480) 582-3637 or visit our Tempe office at 60 E Rio Salado Pkwy, Suite 900. We handle cases across Arizona’s municipal, justice, and Superior Courts under ARS Title 13 and Title 28.
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